Chamber and committees

The Scottish Government welcomes the commitment to transparency evidenced in Redress Scotland’s Progress Report and accompanying Facts and Figures Report, both of which were published on 5 December 2022.

The Progress Report details the first six months of the body’s existence (December 2021 – June 2022). Further progress has been made in the period since - on governance, staffing and processing capacity as Redress Scotland matures. A further update on activity will be given in Redress Scotland’s first annual report, due next year.

The Facts and Figures Report is the first of a regular series, sharing information about completed redress applications, types of applications, timescales for decision making and levels of redress awards. The reports will give up-to-date data on the work that Redress Scotland delivers. The Scottish Government welcomes Redress Scotland’s continuing plans to consult with the Survivor Forum about the information they publish and how they should develop their work in this area.

The analysis referred to was carried out by independent contractors, rather than internally by the Scottish Government. The approach of recording ‘yes’, ‘no’ and ‘no response’ was followed throughout the analysis for all of the questions asked by the consultation. Accurately representing ‘no response’ answers alongside the other options available reflects that some respondents to the full consultation may not have held views on certain areas, or may have had mixed views that did not fall into the ‘yes’ or ‘no’ response categories. Most of those who answered Question 31 were in favour of changing the legislation.

As well as the analysis, we also published individual responses, where we had permission to do so, on the consultation website: https://consult.gov.scot/family-law/children-scotland-act/consultation/published_select_respondent .

The Scottish Government does not collect information on ill-health retirement of officers due to mental health reasons. Staffing issues are a matter for the Chief Constable under the oversight of the Scottish Police Authority.

The Scottish Government welcomes the support provided by Police Scotland to its workforce through initiatives such as the "Your Wellbeing Matters" programme which covers psychological, physical, social and financial wellbeing.

We are confident in local authorities’ ability to deliver unpaid work and other community orders but we recognise the huge impact which the pandemic had on justice social work and the ongoing efforts to ensure an effective and sustainable recovery.

We continue to work with key partners including Social Work Scotland, COSLA, and Community Justice Scotland to monitor recovery work, including measuring the level of outstanding unpaid work hours regularly and exploring any issues arising.

At present, management information indicates that the number of outstanding unpaid work hours across Scotland is close to pre-pandemic levels, at around 720,000 hours in November 2022 compared to around 690,000 hours in April 2020. Having some outstanding hours in the system is normal, as it takes time for individuals to undertake the unpaid work they have been sentenced to.

The ongoing recovery work is also supported through the draft budget for 2023-24, which maintains the additional funding of £15m provided in 2022-23 for justice social work services.

Police Scotland continue to develop international partnerships with law enforcement authorities and support agencies to assist with investigations into human trafficking and exploitation offences and support for victims.

Development of those partnerships remains an operational matter for the Chief Constable of Police Scotland.

The Ukraine Longer Term Housing Resettlement Fund guidance and application form for Local Authorities and Registered Social Landlords was published on the Scottish Government website on 30 September 2022, following the launch of the fund on 22 September 2022. Further details can be found here: https://www.gov.scot/publications/ukraine-longer-term-resettlement-fund/

A letter was issued to Council Leaders and the Scottish Federation of Housing (copied to Council Chief Executives) on 4 October 2022 to notify them of the Fund and encourage applications.

We are prioritising applications which deliver completed homes by 31 March 2023. Projects with homes completed in 2023/24 will be considered by exception.

I am pleased to confirm the publication today of the Scottish Government’s fourth thematic report on implementation progress following Dame Elish Angiolini’s Final Report. This not only includes a narrative, context and additional information about key recommendations but, importantly, also has a tracker showing what progress has been made.

This shows that 55 of the non-legislative recommendations are now complete leaving only 16 non-legislative recommendations still in progress and one to be kept under review.

Through their leadership and commitment, policing partners have delivered major business transformation and service redesign to improve how complaints are handled, bringing greater transparency, fairness and accessibility to systems, policies and processes.

Building on this and as announced in the Programme for Government, the Scottish Government will introduce a Police Complaints and Misconduct Handling Bill in this Parliamentary year to further strengthen public confidence in policing in Scotland.

I commend Police Scotland, the Scottish Police Authority, the Police Investigations and Review Commissioner, the Crown Office and Procurator Fiscal Service and Her Majesty’s Inspectorate of Constabulary in Scotland for their dedication to this important work.

The report can be accessed here: http://www.gov.scot/ISBN/9781805252610

We welcome the one-year update report from the Scottish Centre for Crime and Justice Research (SCCJR) on prison deaths and FAI outcomes in Scotland which will inform work across organisations to prevent deaths in custody and in relation to FAIs.

We are committed to making improvements to the response to, and experiences of, families impacted by a death in custody and to that end we have welcomed the recommendations from the Independent Review of the response to Deaths in Prison Custody and we are working with partners to implement these.

A dedicated Crown Office team was piloted from November 2021 under the umbrella of the Health and Safety Investigation unit to consolidate how we investigate deaths in custody and to make improvements to these processes. During the pilot period, the unit investigated deaths in custody with common underlying themes, namely drug deaths and deaths by suicide. Following a successful Pilot, the Custody Death Unit was established in August 2022 with a remit to investigate all deaths in legal custody occurring in Scotland after that date. It is anticipated that this holistic approach will streamline the approach to investigations resulting overall in a reduction to the journey time of cases whilst still ensuring a robust and through investigation. In addition, it is anticipated that the streamlined approach will allow for accelerated processes for particular categories of death and greater scope for conjoining FAIs which will further reduce the time taken to conclude these investigations.

Preventing suicide and supporting people who self-harm are key areas of focus for the Scottish Prison Service in developing its Health and Wellbeing Strategy. The Prevention of Suicide in Prison Strategy aims to care for those ‘at risk’ of suicide by providing a person-centred care pathway based on an individual’s needs, strengths and assets and by promoting a supportive environment where people in SPS custody can ask for help.

In September, the Scottish Government and COSLA published Creating Hope Together - a new long term suicide prevention strategy for Scotland. Our vision is to reduce the number of suicide deaths in Scotland, whilst tackling the inequalities which contribute to suicide. The strategy sets out a new approach to reducing suicide in Scotland, targeting key settings where suicide risk is higher, such as prisons. We are now implementing the strategy and are working with partners across the criminal justice system.

In terms of the findings relating to Fatal Accident Inquiries, the Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. These functions are exercised independently of government. Whether or not a recommendation is made at the end of an inquiry is a matter for the presiding Sheriff who has listened to all the evidence.

We keep matters in relation to FAIs and deaths in custody under review in consultation with the Crown Office and continually consider and evaluate whether there are ways in which the system can be improved further.

COPFS is committed to reducing the timescale for commencing FAIs, including those arising from deaths in custody, whilst ensuring that the circumstances surrounding each death are thoroughly investigated. COPFS has introduced a number of measures since the implementation of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to reduce the average time taken to complete FAIs.

The calculated annual average cost per prisoner place within SPS is published in the SPS Annual Report and Accounts each year. For 2021-22 the annual average cost per prisoner place, which excludes capital charges, exceptional payments and the cost of the Court Custody and Prisoner Escort contracts, was £41,858 (2020-21 £39,350).

SPS do not currently calculate the average cost per prisoner place at an individual establishment level therefore this level of detail is not available.