Chamber and committees

The Scottish Government has not recently assessed the level of safeguarding in place regarding named persons defined under the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Act allows the patient to have a right to choose whether to have a named person or not. The purpose of a named person is to allow someone to look after a patient’s interests when they are subject to compulsory care and treatment. However, where there are concerns that a person is not suitable to act as a named person then the Act allows for action to be taken. People, such as a patient’s mental health officer, a welfare attorney, a guardian, relatives or anyone who has an interest in the patients welfare, can apply to the Mental Health Tribunal to have a named person removed from the role if they feel that they are unsuitable.

The Scottish Mental Health Law Review made a number of recommendations regarding the operation of the named person provisions under the Act which the Scottish Government will give further consideration to as part of our response to the Review.

During the consultation process for the National Litter and Flytipping Strategy, the Scottish Government engaged a wide range of organisations and has been carefully considering consultation responses, of which there were 978. The majority of proposals received a high level of support, one of which is to conduct an evidence review of barriers to enforcement of litter and flytipping offences. The Scottish Government has commenced this research and has ensured that the Crown Office and Procurator Fiscal Service is engaged in this research project. The research findings will be published later this year.

The Scottish Government is committed to ensuring that all people living with kidney disease are able to access the best possible care and support, and benefit from healthcare services that are safe, effective and put people at the centre of their care.

Psychosocial support is an element of person-centred care and covers the need to consider a wide range of factors that affect a person’s wellbeing. We recognise that primary care is the first and often the main point of contact for many people in their diagnosis and care journey. Our strengthening of Scotland’s primary care workforce through the recruitment of multi-disciplinary teams is making it easier for people to access frontline care local to them. We have now recruited over 3,000 professionals including community nurses and physiotherapists, with increased funding of £170m this year to support further development of multi-disciplinary teams in primary care.

We will continue working to identify how to drive up standards of care in chronic kidney disease care, using data from the Scottish Renal Registry, in order to maximise the care, treatment and quality of life for everyone living with the disease across Scotland.

The overarching approach of the Mental Health (Care and Treatment) (Scotland) Act 2003 is one of safeguarding to ensure that the law and practice for those who require compulsory care and treatment are driven by core principles, particularly minimum restriction in individual liberty with the maximum benefit for the patient.

The 2003 Act has specific provisions for offences which include wilful neglect and ill-treatment. Any report of harm, ill-treatment or neglect by a person in a position of trust in hospital, or elsewhere, should be acted upon and passed to the relevant local authority’s health and social care services, as well as the police if criminality is suspected.

The Adult Support and Protection (Scotland) Act 2007 is intended to protect those adults who are unable to safeguard their own interests, who are at risk of harm and, because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to harm than those who are not so affected.

The Code of Practice which accompanies the 2007 Act is clear that coercive control or undue pressure exercised over a vulnerable person may make them unable to make or action decisions that would protect them from harm. The safeguarding provisions of the 2007 Act could be applied in such cases providing they meet all of the 3 point criteria which define an adult at risk.

Scottish Ministers are finalising an agreement with Crown Estate Scotland for a percentage transfer of CES’s previous year's gross revenue to its capital account in 2023-24 and 2024-25. This will be set out in a Ministerial Direction which will be published on the Scottish Government website.

Mental health remains an absolute priority for the Scottish Government, and we are committed to ensuring that everyone who needs support can get access to services that are appropriate to their needs. Through this approach we recognise that long-term conditions, such as kidney disease, can impact a person’s mental wellbeing. We encourage anyone struggling with their mental health and wellbeing to approach their clinical support team in the first instance, who can advise on appropriate support avenues. Information can also be found on the NHS Inform website and other online mental health and wellbeing support services.

We will shortly publish a new Mental Health and Wellbeing Strategy. The Strategy will set out a long-term vision, and a set of outcomes, for the mental health and wellbeing of the population. We will subsequently publish a Delivery Plan to set out the work we will do over the coming years to make progress towards those outcomes, and set out how we will measure that progress.

This will include consideration on how the Strategy will set ambitions and actions to support people living with long term conditions. One of our key outcomes for the Strategy is to ensure people with mental health conditions, including those with co-existing health conditions, experience improved quality and length of life, free from stigma and discrimination

In order to achieve this, we will work with partners to develop actions that will see improved provision of services and support to people with long-term physical health conditions for their mental health and wellbeing.

In addition to this, the National Education Scotland and Scottish Government developed The Matrix: A Guide for Delivering Evidence-based Psychological Therapies in Scotland to support NHS Boards in planning the range, volume and quality of psychological therapies required to meet Scottish Government commitments. The Matrix is due to be refreshed in 2023 but already includes a section specifically on chronic kidney disease.

The Scottish Government is taking forward a range of measures that contribute to tackling litter and flytipping as part of our wider efforts to tackle Scotland’s throwaway culture. In 2022-23 this included ongoing investment in local authority recycling infrastructure and banning some of the most problematic single-use plastic products.

Within this wider context, the Scottish Government allocated approximately £265,000 to prevent fly tipping and littering for the financial year 2022-23. This includes:

The breakdown of funding across the How to Save a Life campaign costs is as follows:

• social media – £9,989
• bus stops advertising including billboards and print media* - £178,847
• radio – £243,152

*this figure also includes digital displays and print media on buses and trains.

The Scottish Government has not suspended the Scottish Capital Investment Manual process.

The Scottish Government has not suspended the Scottish Capital Investment Manual process.