Chamber and committees

The Scottish Government values and appreciates all the work that Who Cares? Scotland does to support and advocate for all Care Experienced people and we are committed to working with Who Cares? Scotland and other key partners to ensure that we Keep The Promise to care experienced adults and ensure that their voices are heard.

The Scottish Government is bringing forward legislation that will provide further protection to the rights of care experienced, children, young people and adults. This includes:

• A commitment to Scotland being the first UK nation to incorporate the UNCRC into domestic law, ensuring we are a country that respects, protects and fulfils children's rights.
• The Children's Care and Justice (Scotland) Bill, which is presently going through Parliament, and if agreed will bring an end to the placement of 16 and 17 years olds in young offenders institutions, and increase the age of referral to the Children's Hearing System to 18.
• A commitment to a Promise Bill by the end of this Parliamentary session, to make any further legislative changes required to Keep The Promise for children, young people and adults.
  

The Race Equality Action Plan concluded in 2021 with a final report outlining the progress made in implementing actions.

Education Scotland play a significant part in the Scottish Government’s Anti-Racism in Education Programme, particularly in the development and delivery of their award-winning Building Racial Literacy Programme.

This information is not held centrally.

However, the Pupils with complex additional support needs: research into provision published on 19 September 2023 reflects practice and provides examples of the transition process followed by a child or young person with additional support needs to a specialist settings.

Under section 70 of the Education (Scotland) Act 1980, any interested party can make a complaint to the Scottish Ministers that a responsible body (the managers of a school or education establishment, an education authority, or other persons) has failed to discharge a duty imposed on them by, or for the purposes of any enactment relating to education.

For Independent Adjudication, applicants write officially to Scottish Ministers with their complaint. Ministers will nominate an Independent Adjudicator. However they do not have any involvement in decisions after that point. Ministers also officially appoint the panel of Independent Adjudicators.

Since 2016-17, 7 complaints have been made under section 70 of the Education (Scotland) Act 1980 relating additional support needs provision, and 13 complaints have been made through applications for independent adjudication.

Complaints under section 70:

1 – City of Edinburgh Council

1 – Perth and Kinross Council

2 – Highland Council

1 – West Dunbartonshire Council

1 – Comhairle nan Eilean Siar (Western Isles)

1 – Midlothian Council

Complaints through Independent Adjudication:

1 – East Dunbartonshire Council

1 – Aberdeen City Council

2 – Scottish Borders Council

1 – Dundee City Council

2 – Glasgow City Council

1 – East Lothian Council

1 – Comhairle nan Eilean Siar (Western Isles)

1 – West Dunbartonshire Council

1 – North Lanarkshire Council

2 – City of Edinburgh Council

Under the Additional Support for Learning Act 2004, education authorities have duties to identify, provide for and review the additional support needs of their pupils. Parents and carers are encouraged to continue to engage with their child or young person’s school about the support that is in place. The aim is for disagreements to be resolved at as local a level as possible, and as quickly as possible, to ensure that children and young people receive the support they need to access and benefit from learning. As these complaints are dealt with at a local level, the information is not held centrally.

I have asked Janet Egdell, interim Chief Executive of The National Records of Scotland to respond. Her response is as follows:

These statistics are planned for publication in February 2024. The publication date has been delayed in order to incorporate the new census data.

I have asked Janet Egdell, interim Chief Executive of the National Records of Scotland to respond. Her response is as follows:

The Migration Statistics Quarterly Summary for Scotland (MSQS) provided Scottish-specific secondary analysis of the Migration Statistics Quarterly Report (MSQR) which used to be published by ONS. The MSQR - and therefore MSQS - have been paused while ONS are progressing a transformation programme of the population and migration statistics system. During this programme, there is limited migration data available at Scotland level, particularly for the headline measures of long-term international migration flows as well as migrant stocks. Once these releases are being updated regularly again, we will explore the options for reinstating the MSQS.

Under the Immigration and Asylum Act 1999, asylum applicants are entitled to receive asylum support for a prescribed period after they have been notified of the decision on their asylum application, for positive decisions this remains 28 days. As far as the Scottish Government is aware, the UK Government has not changed the prescribed period and it remains at 28 days.

However, we are aware that there have been issues with communication of decisions from the Home Office to the accommodation provider and local authorities which is impacting provision of information and support for people at the end of their period in asylum accommodation.

The Scottish Government has also raised concerns about the impact of the UK Government’s Streamlined Asylum Process. I wrote to the UK Government on 28 October 2023 to request urgent funding for local authorities and to work constructively with them to ensure that people receiving a positive asylum decision are supported to move-on from asylum accommodation. I am awaiting a response.

People in Scotland who have recently been granted refugee status are entitled to access homelessness support from their local authority. Most funding for homelessness is provided through the local government settlement. In addition to this, the Scottish Government have provided local authorities with £52.5m since 2018 to support the implementation of rapid rehousing transition plans and provide £30.5m annually for their work to prevent homelessness.

• Monitoring compliance with Fair Work First principles, including the requirements to pay workers at least the real Living Wage and provide appropriate channels for effective voice, is the responsibility of individual grant managers across government and of relevant funders across the wider public sector, including through our Peatland ACTION programme. It takes place within existing grant assurance and monitoring processes, as with any other condition of grant, such as agreed outcomes.
• Peatland Action partners comply with these principles as part of their own procurement frameworks that govern the respective grant agreements. They do this through a range of measures like mandated self-declaration when applying for grants and the regular liaison with the contractors during the course of ensuing works including site visits.

With regard to the reasons behind the rationale for budget reprofiling, the exceptionally challenging financial conditions as outlined in the letter from DFM and Cabinet Secretary for Finance to the Convenor, regarding “Update on 2023 – 2024 In Year Budget Changes” on the 21 November 2023 advise these.

• The Scottish Government funds five direct delivery partners on an annual basis, based on the government wide capital spending allocations as agreed by Cabinet. These five direct delivery partners are NatureScot, Forestry and Land Scotland, Cairngorms National Park Authority, Loch Lomond and Trossachs National Park Authority and Scottish Water.
• These delivery partners then sub-contract physical restoration works to organisations in the third sector and private sector contractor companies.
• Contracts for peatland restoration are issued on a composite unit cost basis. Therefore, labour costs – for example machine operator wages – are not itemised separately.
• As each individual project across delivery partner and geographic location can vary significantly, it is not possible to determine an average labour cost across or within the delivery partners.