Chamber and committees

I refer the member to the answer to question S4W-12543 on 27 February 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

The Guide to Commissioners, published by the Scottish Independent Advocacy Alliance in 2010 to assist local authorities and NHS boards in the scoping of needs and procurement of advocacy services, is currently being reviewed. In addition following the national consultation exercise in 2012 which sought views on how to improve advocacy for children and young people more detailed guidance focussing on children’s advocacy is proposed. This will address some of the key issues which were highlighted through the consultation as being unique to children’s advocacy, including issues around consent, information sharing and the identification and management of conflicts of interest.

Guidance on the Procurement of Care and Support Services by public bodies in Scotland was published jointly by the Scottish Government and COSLA in September 2010.

In each year since 2005-06, £13 million has been included in the overall funding for local authorities and £5 million has been included in NHSScotland funding to help in the implementation and delivery of the Mental Health (Care and Treatment) (Scotland) Act 2003. This includes funding for the provision of advocacy services.

From 2010-11 additional annual recurring funding of £500,000 has also been provided for advocacy services.

I refer the member to the answer to question S4W-12543 on 27 February 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

I refer the member to the answer to question S4W-12543 on 27 February 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

This information is not held centrally. While Scottish Government does not collect consolidated statistics for services provided to disabled children and young people by local authority, figures are available for disabled children and young people in a number of areas. These include:

This information is not held centrally. NHS boards and local authorities are responsible for ensuring that advocacy is available to all who need it within their respective areas and that resources are matched to meet these needs.

The Scottish Independent Advocacy Service has produced a Map of Advocacy and this is available at:

http://www.siaa.org.uk/images/stories/SIAA_AdvocacyMap_2011_2012.pdf.

The use of confidentiality clauses in compromise agreements is entirely an issue between individual NHS boards and their employees. Certain conditions have to be met in order for a compromise agreement to be legally binding, including a requirement for the employee to have received advice from a relevant independent adviser as to the terms and effect of the agreement. Any clause which sought to prevent an individual from raising a protected whistleblowing disclosure would be illegal under the Employment Rights Act and would therefore be unenforceable.

I wrote to NHSScotland chairs and chief executives on 22 February 2013, reminding them that boards should frequently review their behaviours and practices to ensure they have a culture which actively encourages and supports members of staff to raise concerns. I also told them that I expect Boards to ensure that confidentiality clauses and non-derogatory statement clauses are not being used to suppress the reporting of concerns about practice in NHSScotland, and to ensure that these clauses are used appropriately.

I refer the member to the answer to question S4W-12543 on 27 February 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

The Cabinet Secretary for Health and Wellbeing and COSLA meet to discuss a range of issues from time to time.

On 21 November 2012, the Scottish Government signed an agreement with COSLA, to adopt a collaborative approach to supporting councils in their response to welfare reform. As part of this agreement, we hold regular joint political meetings to review progress on our collective efforts. A meeting is scheduled to take place on 28 February 2013.

The Children (Scotland) Act 1995, and accompanying Regulations and Guidance, set the eligibility criteria and assessment process in relation to disabled children and young people; including sharing of information, joint assessments and collaboration with both statutory and voluntary agencies. Each local authority will have their own defined standards for the delivery of these services, set within the context of local priorities to fulfil their statutory obligations.

Sections 23 and 24 of the Act relate specifically to the assessment of disabled children and their carers.

Subsequent legislation including the Community Care (Direct Payments) Act (1996) and the Community Care and Health (Scotland) Act 2002 placed further duties on local authorities when carrying out assessments.

Education authorities have duties under the Additional Support for Learning Act to provide identify, make and review provision for children and young people for additional support needs, including those children who have a disability. In addition, specific provisions are in place for children who are identified and are brought to the attention of the education authority as having a disability from 0- 3 years of age. In these circumstances education authorities have a duty to provide additional support. The Code of Practice for Additional Support for Learning provides guidance to education authorities and partners on this provision and the assessment of children’s and young people’s additional support needs.