- Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
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Date lodged: Monday, 26 February 2024
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Current Status:
Answered by Jenny Gilruth on 11 March 2024
To ask the Scottish Government how children’s rights and their voices are taken into account in decisions related to home education, including to ensure that such children are adequately protected.
Answer
In line with the Scottish Government home education guidance , choosing to home educate in itself should not be seen as a child protection concern, and local authorities should not treat it as such. The guidance encourages an annual meeting between home educating families and the local authority to discuss the ongoing education provision for the child, and recommends that the child should be given the opportunity to attend that meeting to express their views, but this is not compulsory.
If, from whatever source, an authority becomes aware of concerns about the home education of any child, outwith the normal contact time, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parents are providing an efficient education suitable to the age, ability and aptitude of the child.
- Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
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Date lodged: Monday, 26 February 2024
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Current Status:
Answered by Jenny Gilruth on 11 March 2024
To ask the Scottish Government how many young people are currently educated at home in Scotland.
Answer
The Scottish Government does not hold information on the number of children and young people who are home educating in Scotland.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Tuesday, 13 February 2024
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Current Status:
Answered by Shona Robison on 11 March 2024
To ask the Scottish Government how it is measuring success in its performance against key success metrics in relation to its total budget spend for the (a) 2021-22 and (b) 2022-23 financial year.
Answer
The Consolidated Accounts are published annually and include a Performance Report which includes a Performance Overview and Performance Analysis, with high level financial information split by portfolio. The Consolidated Accounts for the years noted can be found at the following links:
The Scottish Government Consolidated Accounts for the year ended 31 March 2022 (www.gov.scot)
The Scottish Government Consolidated Accounts for the year ended 31 March 2023 (www.gov.scot)
I receive regular performance delivery updates on the three Policy Prospectus missions of equality, opportunity and community. I also engage regularly with Cabinet Secretaries to support strong collaboration across portfolios and budgets and enable effective delivery of Mandate Letter commitments. These arrangements are routinely reviewed and improved where appropriate.
The statutory review of the National Performance Framework National Outcomes is underway and reporting on progress towards the National Outcomes will continue to be delivered via the NPF website nationalperformance.gov.scot
- Asked by: Sharon Dowey, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 13 February 2024
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Current Status:
Answered by Jenni Minto on 11 March 2024
To ask the Scottish Government what data it holds on how many patients have been diagnosed with a brain tumour through Rapid Cancer Diagnostic Services.
Answer
The Scottish Government does not hold this information.
Rapid Cancer Diagnostic Services (RCDSs) are a fast-track diagnostic pathway for patients who present with non-specific symptoms suspicious of cancer – brain cancers don’t tend to present in this way.
The University of Strathclyde published a report, reflecting on two years of the RCDSs running, on Thursday 29 th February, highlighting the cancer types being detected by the model, with lung and HPB cancers most common, as expected.
Meanwhile, work continues with PHS to establish a national data collection for RCDSs.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Siobhian Brown on 11 March 2024
To ask the Scottish Government who can legally decide whether a dog is an XL Bully-type dog, in the event that an owner, a local authority, the police or a court needs to determine whether a dog is of this type, and what training has been provided to allow the decision-maker(s) to make this determination.
Answer
The confirmation standard developed by the UK Government is being used to ensure consistency of approach in Scotland. The details of the confirmation standard are available on the Mygov.scot website: https://www.mygov.scot/xl-bully-dogs
In the first instance, it will be for owners to assess if they own an XL Bully dog. If in doubt, we recommend a precautionary approach by adhering to the new requirements to avoid any possibility of breaching the new legal requirements
The Scottish Government is continuing to engage with Police Scotland, local authorities and animal welfare organisations in relation to the new safeguards and this includes in relation to how XL Bully dogs can be identified.
Where a potential breach of the new legal requirements is prosecuted in court, it will be for the court to determine whether an offence has been committed and that may, in certain circumstances, require evidence relating to whether a dog is in fact an XL Bully dog. While a matter for the independent court, they will use the confirmation standard and may wish to hear as needed expert evidence on the question of identification of a dog as an XL Bully dog in a given case.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Siobhian Brown on 11 March 2024
To ask the Scottish Government whether it will allow XL Bully-type dogs to be exempted without neutering in the event that a vet recommends that an animal should not be neutered on health grounds.
Answer
The Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024 provides for how the exemption scheme for XL Bully dogs will operate. This includes details on neutering.
The Scottish Government’s policy on neutering was developed and informed through direct engagement with key animal welfare stakeholders.
In order for an XL Bully dog owner to continue to be able to legally own their dog from 1 August 2024 onwards, a valid Certificate of Exemption is required. As a condition of receiving and retaining a valid exemption, the owner of the XL Bully must arrange to have their dog neutered. Male dogs must be castrated and female dogs must be spayed.
For dogs 18 months or older as at 31 July 2024, evidence of neutering having occurred must be provided to the Scottish Government by 31 January 2025.
For dogs younger than 18 months as at 31 July 2024, evidence of neutering having occurred must be provided to the Scottish Government by 31 January 2025 or within one month of the dog reaching the age of 18 months, whichever is later.
This approach for dogs aged younger than 18 months as at 31 July 2024 provides discretion for an owner to ensure their dog is at least 18 months old before being neutered. This reflects guidance on an appropriate age for health reasons as to when XL Bully dogs can safely be neutered.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Jenni Minto on 11 March 2024
To ask the Scottish Government, further to the answer to question S6W-11632 by Humza Yousaf on 14 November 2022, what recording procedures are in place to ensure that, after referral to the specialist mesh service in Glasgow, all women are informed of the options to seek treatment at an NHS England specialist centre, the Spire Hospital in Bristol, or with Dr Veronikis in the USA, in circumstances when it is agreed that surgery is appropriate.
Answer
Once there is agreement between the patient and her clinicians that removal surgery is the best course of treatment, the decision on where that treatment is carried out, whether it is by the NHS or an independent provider, rests with the patient.
Both NHS Greater Glasgow and NHS National Services Scotland, National Services Division will provide information and assistance to women in whom surgery is being recommended as part of their treatment plan and where they wish to explore alternative options. It is made clear that women can choose to have surgery elsewhere and there is information provided, both online and in hard-copy, about choosing mesh removal surgery with one of the independent surgeons.
It is normal practice to record the content and outcome of any discussion taking place within the contemporaneous, confidential patient record. This includes a note of which leaflets have been provided as part of these discussions.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Jenni Minto on 11 March 2024
To ask the Scottish Government how much funding it will allocate to each local authority for its trading standards department to enforce the proposed (a) ban on single-use vapes and (b) raising of the tobacco age of sale, and whether it plans to propose a ministerial statement on these issues.
Answer
Government officials have been engaging closely with Trading Standards to receive their feedback on the draft legislation for the proposed ban on single-use vapes. Officials are carrying out a Business and Regulatory Impact Assessment to understand the potential impacts including costs on businesses and public bodies.
On raising the age of sale for tobacco, a UK-wide impact assessment has been undertaken which considers the costs of enforcement for local authorities. We engage regularly with the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) on the enforcement of existing legislation and will continue to engage with them through implementation of the Bill.
A ministerial statement on the smoke free generation and tackling youth vaping policy measures will take place following the introduction of legislation to UK Parliament.
- Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
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Date lodged: Monday, 26 February 2024
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Current Status:
Answered by Maree Todd on 11 March 2024
To ask the Scottish Government, in light of Standard 1 within the National Neurodevelopmental Specification for Children and Young People: Principles and Standards of Care, which was published in September 2021, that a first appointment for all children and young people who have been identified as needing a neurodevelopmental assessment should take place "as soon as possible and no later than 4 weeks from identification of need", whether waiting times for first appointments are routinely published.
Answer
We do not routinely publish waiting times for neurodevelopmental assessments.
As many children and young people do not meet diagnostic criteria for a neurodevelopmental disorder and their needs will change over time, the Scottish Government believe that the focus should be on identifying needs and the support they require within the framework of Getting It Right for Every Child (GIRFEC).
As described in the National Neurodevelopmental Specification , we expect NHS Boards and Children's Services partners to work towards implementing the standards outlined. The Specification makes clear that support should be put in place to meet the child or young person’s requirements when they need it, rather than be dependent on a formal diagnosis. For many children and young people, such support is likely to be community based, and should be quickly and easily accessible.
We are working with NHS Health Boards and Local Authorities to enhance support for neurodivergent children and young people, including how quickly they can access support. We have also funded five tests of change focussing on various aspects of the Specification, including improving multi-agency working.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Siobhian Brown on 11 March 2024
To ask the Scottish Government what steps local authorities should take in the event that a Dog Control Notice already exists on an XL Bully-type dog.
Answer
It can be noted the new safeguards on XL Bully dogs operate independently of any Dog Control Notices (DCNs) that may have been imposed on individual XL Bully dogs. A dog can both be subject to the safeguards required through being a XL Bully and subject to conditions imposed in a DCN as a result of being assessed as a dog that was previously out of control.
Within this context, the operation of the DCN regime, as set out in the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”), is entirely a matter for local authorities. It would not be appropriate for the Scottish Government to intervene in such operational matters.
The 2010 Act places a duty on local authorities to monitor the effectiveness of and enforce all DCNs issued by local authority appointed officers.
The Scottish Government is committed to keeping the 2010 Act statutory guidance document under review and will work with local authorities and the National Dog Warden Association to consider any specific updates that may be required in light of the introduction of the new safeguards on XL Bully dogs.