Chamber and committees

The Scottish Government’s policy towards spending by local authorities is to allow them the financial freedom to operate independently. As such, most funding is provided by means of a block grant.

Local authorities are responsible for managing their own budgets and allocating the total financial resources available to them, on the basis of local needs and priorities, which includes the needs of care experienced children and young people; having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

The Scottish Government recognises the financial challenges that local government are facing and that local authorities and their employees play a crucial role in our communities. In the most challenging budget settlement from the UK Government since devolution, the Scottish Government is providing nearly £13.5 billion in the 2023-24 Local Government Settlement. Since the flat-cash position set out in the 2022 Resource Spending Review, the Scottish Government listened to local authorities and has already increased the resources available to Local Government this year by over £793 million.

Funding is also provided to local authorities through targeted initiatives. For example, the Care Experienced Children and Young People Fund has provided £60m to local authorities to help support the attainment and wellbeing of care experienced children and young people. The funding benefits a wide group, with care experienced children and young people from birth to the age of 26 being eligible for support through the fund.

The Scottish Government is currently considering the support offer available to care experienced children and young people, and to young people moving on from care into adulthood. Work is progressing to engage with delivery partners to understand how we can better target holistic support for the care experienced population to help improve outcomes and empower children, young people and families to thrive.

The additional £8.55 billion of UK Government funding for CRSTS2 relates to financial years 2027-28 to 2031-32.

This funding will form part of the Department for Transport’s (DfT) future budget allocation. The Scottish Government will receive additional Barnett funding as part of its block grant based on any increase in the DfT’s total budget for the relevant financial years in accordance with the Statement of Funding Policy.

This funding announcement falls into the next UK Government Spending Review period and confirmation of funding levels for the Scottish Government will only be confirmed once the Spending Review has concluded.

This is an operational matter for ScotRail, noting that in 2016 any agreement was with the private company, Abellio ScotRail, but ScotRail is now operated by a new, publicly owned company.

Transport Scotland is responsible for the management and maintenance of the strategic trunk road network including motorways, which is delivered through our operating company contracts. There are no single track trunk roads in Scotland.

Local authorities have a duty under the Roads (Scotland) Act 1984 to manage and maintain local roads in their area. Each local authority will be best placed to advise how many miles of single track A roads are in their area.

Government analysis concluded that the Bill could not extend compulsory measures beyond 18 using the children’s hearings system. This would fundamentally change the child welfare-based system, and require an entirely new framework. The tests needed to justify compulsion beyond childhood would require to be restated to accommodate the rights of evolving young adults, with limited suitable options for dealing with non-compliance. Such an approach could also cause capacity issues, including for the volunteer panel members, who would be making decisions in relation to young adults as opposed to children.

The Bill also includes powers to enable those who are remanded or sentenced under 18 to detention in secure accommodation, to remain in secure accommodation until a maximum age of 19. This is to prevent young people – where their sentence is due to end shortly after their turning 18 – being automatically conveyed to serve a short outstanding part of that sentence in a Young Offenders’ Institution. This is therefore directed at minimising placement moves and avoiding unnecessary risks, disruption or trauma. This is in line with UNCRC.

The definition of a Compulsory Supervision Order (CSO) is set out in section 83 of the Children’s Hearings (Scotland) Act 2011 and, as set out below, specifies the measures which can be included in a CSO.

A children's hearing can make a CSO if the hearing considers that it is necessary for the child’s protection, guidance, treatment or control.

A CSO must then be implemented by the relevant local authority to ensure that the child is adequately supported in accordance with the CSO.

Every CSO will as a minimum contain a standard measure that the local authority supervises the child, and will specify the period of time that the order has effect.

Children’s hearings can, where appropriate, make their intentions for supervision more specific by adding further specific measures to a CSO:

• A requirement that the child reside in a specific place.
• A direction to restrict the child's liberty whilst residing in a specific place.
• A prohibition on the disclosure of the address of the child where the child is required to reside in a specified place.
• A movement restriction condition.
• A secure accommodation authorisation.
• A requirement for specified medical or other examination for the child- only with the child's consent.
• A requirement for specified medical or other treatment for the child-only with the child's consent.

Children’s Hearings Scotland (‘CHS’) are preparing to extend the benefits of accessing children’s hearings to all Scotland’s 16 and 17 year olds who need it. It is the statutory responsibility of the National Convener at CHS to appoint children’s panel members. There is a consistent record dating back over 5 decades of sufficient prospective volunteers coming forward from Scotland’s communities to serve as children’s panel members. While volunteer positions across all sectors are more difficult to fill post-pandemic, Ministers are confident that the National Convener and CHS have the resources, skills and knowledge to fulfil their statutory duties. Officials remain in close contact with the National Convener and his team to determine if further interventions are required to maintain children’s panel capacity and resilience, both in the short-term and in the months to come. A range of escalating interventions have been prepared by CHS to improve panel intake and reinforce retention rates - those will be implemented as required.

Each child is considered in respect of their individual needs and risks when they are referred to the Principal Reporter, or where a children’s hearing is to be convened. The Scottish Government is not aware of evidence of inappropriate or unequal treatment between care-experienced children and those who do not have care experience or are coming to the system’s attention for the first time.

This information requested is not held centrally by the Scottish Government. The member may wish to contact British Transport Police who might be able to provide this information.

I have commissioned an external research exercise to consider how best to progress the commitment to reduce class contact time by 90 minutes per week. Any reduction in class contact time will, additionally, require the agreement of the Scottish Negotiating Committee for Teachers.

The research exercise will inform decisions on education workforce planning for future years, bringing together a range of factors, including current teacher numbers and pupil teacher ratios. The research is due to report by the end of December.