Chamber and committees

The Scottish Government commissioned an independent strategic review of legal aid, chaired by Martyn Evans, and whose findings and recommendations were published in 2018. The report concluded that the Scottish legal aid system compares very well internationally, and that its recommendations could move it towards being world leading.

In our response to this review, we committed to publicly consult to identify supported reforms; however, we recognised both the importance of facilitating access to advice and representation for a wide scope of actions and of retaining a demand led Legal Aid Fund.

When we consulted last year, we stated that there was no intention to reduce the wide scope of actions for which legal aid is available. However, legal aid must be sustainable and therefore cannot be universally available, meaning some eligibility criteria will require to be retained. 75% of consultation respondents believed that those who could afford to pay a contribution to their legal advice should continue to do so. At present the vast majority of those applying for initial Advice and Assistance incur no legal costs during the application process. If someone is not eligible for Advice and Assistance then they have to pay privately for any work involved in their solicitor applying for legal aid, whereas if they are eligible then Advice and Assistance can meet that cost.

The analysis of the responses to the consultation reports that the majority of respondents supported a single eligibility assessment at the beginning of the process whilst retaining the ability for more complex calculations when necessary. Many favoured a simplified system of contributions in civil matters for those who can afford to pay, as long as thresholds were set at an appropriate level and took into account individual circumstances. Fairness was key to all respondents.

It is intended that a legal aid reform Bill be introduced in the next Parliamentary session, and the processes and assessment criteria for applications will be examined as part of this.

Individuals who collect friends and family from the airport are not required to self-isolate. This approach is in line with the guidance on how to self-isolate after international travel when there are others in the household. Individuals in a car should follow the appropriate advice such as sharing a vehicle with those from your household or extended household. When this is not possible and an individual shares a car with someone out with their household, they should sit as far apart as possible in the vehicle; maintain good ventilation; wear a face covering; and be aware of shared surfaces such as door handles. This guidance is subject to change and we encourage individuals to check the latest Scottish Government guidance regularly. As always, if an individual develops COVID-19 symptoms they should self-isolate and book a test immediately.

The Minister for Children and Young People and I wrote to Health and Social Care Partnerships, Chief Social Work Officers, care providers and others on 3 August 2020 advising that, pending more specific guidance, residential respite services can reopen subject to being adapted and risk assessed in line with existing guidance; and in agreement with local Health Protection teams and the Care Inspectorate. The letter is published on the Scottish Government website at:

https://www.gov.scot/publications/coronavirus-covid-19-letter-to-health-and-social-care-partnerships/

The Minister for Children and Young People and I wrote again on 23 September 2020 to confirm the guidance to enable safe reopening of stand-alone residential respite for adults and children. The letter is published on the Scottish Government website at:

https://www.gov.scot/publications/coronavirus-covid-19-residential-respite-services---letter-from-the-cabinet-secretary-for-health-and-sport-and-the-minister-for-children-and-young-people-2/ .

The report of the independent review of the implementation of the additional support for learning legislation was published in June 2020. The review, Chaired by Angela Morgan, highlights a number of recommendations for the improvement of educational provision for children and young people with additional support needs. We, alongside partners in the Convention of Scottish Local Authorities, have committed to carefully considering the report’s findings and will publish a joint response in the Autumn of 2020.

This partnership work will allow us to continue to improve the support that is available to meet the educational needs of every individual child and young person, including those with visual impairments.

There are no plans to undertake a further review at this stage.

The Scottish Government introduced the Spaces for People programme to quickly deliver temporary infrastructure changes as a response to the Covid-19 emergency. Local authorities are responsible for delivery of all aspects of these changes.

The Society of Chief Officers of Transportation in Scotland (SCOTS) hold regular themed video conferences with local authorities to discuss progress and share best practice on engagement and other matters as they roll out their Spaces for People schemes.

Transport Scotland will monitor the overall Spaces for People programme together with Sustrans, COSLA and SCOTS to support continuous improvement across future schemes.

The Scottish Government introduced the Spaces for People programme with the key aim to protect public health during the Covid-19 emergency.

A national monitoring and evaluation framework for Spaces for People has been developed by Sustrans Scotland in partnership with the Society of Chief Officers of Transportation in Scotland. This framework sets out the evaluation criteria and will form the basis of full programme evaluation.

Sustrans Scotland, who administer the Spaces for People programme, is providing guidance on monitoring as part of a package of support offered to local authorities and public bodies for individual projects.

Throughout our response to the COVID-19 Pandemic, where an urgent clinical need has been present access to Physiotherapy services has remained.

As a statutorily regulated healthcare professional, a privately practising physiotherapist must undertake an individual risk assessment for each client. If, having ruled out the option of a virtual appointment, the privately practicing physiotherapist feels that treatment is necessary in their client’s home they may continue to visit their clients at home following the guidance as set out by Health Protection Scotland, the Health and Care Professions Council, the Scottish Government and their own Professional body, the Chartered Society of Physiotherapy.

Our ambition remains to run a 2021 examination diet, however, Covid-19 continues to present real risk of further disruption for individual learners, individual schools and colleges, or more widely across the country during the course of this year. We also do not know what situation we will face in the spring of next year when the exam diet would normally take place.

Our approach to exams must remain appropriate to the circumstances we face and it is critical that that we take account of the lessons from Professor Priestley’s review of the 2020 national qualifications. The SQA and the Education Recovery Group continue to look at contingencies in relation to exams. I have committed to providing as much clarity and certainty as possible on this matter in early October.

Guidance for the safe running of organised activities for children and young people under 18 was updated on 24 September Coronavirus (COVID-19): organised activities for children . It includes what is meant by a ‘public space’ and a further reference to the Community Centre Guidance and who has overall responsibility for the premises, where they are not owned by the organisation/club/service provider.

Organisers should also consult the guidance: Staying safe and protecting others to ensure that they meet the necessary requirements.