Chamber and committees

While we know many public services are facing increasing pressures, long waits for neurodevelopmental support are unacceptable. We expect that those with ADHD should receive appropriate treatment and support as soon as possible. However, we are aware there has been a significant increase in people seeking a diagnosis and requiring support for their neurodivergence and this is creating challenges for a range of services.

We are working closely with NHS Health Boards and Local Authorities to improve services and support for children and young people and their families, including by providing over £1 million to support five pilots to implement targeted aspects of the National Neurodevelopmental Specification and £55.5 million to Health Boards in 2023-24 to improve the quality and delivery of mental health and psychological services for all, including neurodevelopmental services.

For adult support, the Scottish Government commissioned a feasibility study into a National Clinical ADHD Pathway. The final report of this study was published in 2021 and found that a multi-disciplinary neurodevelopmental approach, inclusive of ADHD, was needed. In response to this finding the Scottish Government provided funding for adult neurodevelopmental pathway trials.

Following the adult neurodevelopmental pilots, a final report was published in March 2023 outlining what is required to provide a multi-disciplinary neurodevelopmental approach across Scotland. The Scottish Government has accepted the recommendations and we are working with the National Autism Implementation Team on implementation.

The Scottish Government has commissioned work through NHS Education for Scotland (NES) and the National Autism Implementation Team to provide a range of professional learning about ADHD and neurodevelopmental conditions at informed, enhanced, specialist and expert levels (according to the NES framework). These can be found on the Turas page (NHS Education for Scotland’s unified training platform) and accessed by the workforce in the future.

All training opportunities have been very popular, and where places have been limited have been oversubscribed. NES have worked closely with colleagues in health boards to identify the most appropriate staff to attend training in these instances. These opportunities have included training in specific assessment tools, webinars on ADHD assessment and support and workshops for clinical teams to support putting new learning into practice. There has also been professional learning about steps towards becoming a neuro-affirming practitioner and sharing learning and examples of practice developments across disciplines and across the country through networks and events.

The following table shows the resource funding allocated by SG to ILF Scotland annually over the last five years. Resource budget for ILF in 2024-25 is £62,241k. Funding for 2025-26 will be agreed through the annual budget process.

The Scottish Government is working to ensure that all neurodivergent people, including those with ADHD, have access the support they need.

The Scottish Government and the National Autism Implementation Team launched a Neuro-affirming Community of Practice Community of Practice in October 2023. This Community of Practice is being developed to ensure that healthcare professionals are better equipped to understand the wants and needs of neurodivergent people, including people with ADHD. There has been positive engagement across health boards.

Education Scotland supports the implementation of inclusive practice for all children and young people, including those who may experience the characteristics of ADHD. A formal diagnosis of ADHD is not required for a child or young people to be provided with appropriate support through the staged level of intervention approach.

Additionally, last year resources on ADHD were published on Education Scotland’s website, covering the common features, positive traits and challenges of ADHD. This was accompanied by a webinar, attended by over 300 individuals.

The Scottish Government is not currently planning on establishing an attention deficit hyperactivity disorder (ADHD) taskforce.

The Scottish Government commissioned a feasibility study into a National clinical ADHD Pathway. The final report of this study published in 2021 and found that a multi-disciplinary neurodevelopmental approach, inclusive of ADHD, rather than a condition specific approach, was needed.

In response to this finding the Scottish Government provided funding for adult neurodevelopmental pathway trials. Following the adult neurodevelopmental pilots, a final report was published in March 2023 outlining what is required to provide a multi-disciplinary neurodevelopmental approach across Scotland. The Scottish Government has accepted the recommendations and we are working with NAIT on implementation.

Additionally, aligned to this neurodevelopmental approach, the Scottish Government is taking forward proposals for a Learning Disabilities, Autism and Neurodivergence bill to help better protect the rights of people with learning disabilities and neurodivergent people, including people with ADHD. The consultation ran from 21 December 2023 to 21 April 2024.

The Scottish Government does not hold the data relating to the three main outcomes outlined in S6W-25336. This information may however be available from individual Health Boards.

The Scottish Government is a member of the Save a Life for Scotland (SALFS) Partnership. Through SALFS, work is ongoing to increase the strategic placement of defibrillators in Scotland.

The Scottish Government have provided funding to support the Resuscitation Research Group’s development of a tool to help defibrillator guardians make informed decisions about where to place their device in order to have most impact.

In order to maximise defibrillator availability they are usually best mounted on the outside of buildings, and placed in unlocked cabinets. SALFS partners work with defibrillator guardians across Scotland to encourage such placement and availability.

I refer the member to the answer to question S6W-27095 on 7 May 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

Depending on the facts and circumstances of the particular case, there are a range of offences that may be used to prosecute cases where someone publishes, sells or distributes sexually explicit images of a person without their consent.

In particular, the offence of disclosing or threatening to disclose an intimate photograph or film at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 can be used to prosecute such behaviour where the disclosure, or threat to disclose the image, would be likely to cause a person featured in the image to suffer fear, alarm or distress, and the accused either intended to cause such an effect or else was reckless as to whether their behaviour would be likely to have such an effect on the victim.

The offence provides that a person is in an 'intimate situation' if the person is engaging or participating in or present during an act which a reasonable person would consider to be a sexual act which is not of a kind ordinarily done in public, or the person's genitals, buttocks or breasts are exposed or covered only in underwear. Specifically, the offence provides that a photograph or film includes any material originally captured by photography or by making a recording of a moving image, whether or not it has been altered in any way. As such, the offence applies in respect of images that have been digitally manipulated so as to appear to depict a person as being in an intimate situation even if the original photograph does not do so.

Other offences which may be relevant include the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the images are published or shared via the internet, the offence of abuse of a public electronic communications network at section 127 of the Communications Act 2003.

As the legislation does not explicitly distinguish between manipulated and unmanipulated photographs or films, it is not possible to separately identify cases relating to the disclosure of so-called 'deepfake' images.

It is an independent operational matter for Police Scotland to enforce criminal law and it is an independent operational matter for Crown Office to make decisions in respect of prosecutions.

Legislation criminalising the disclosure of intimate images includes photographs or films that have been digitally enhanced or manipulated. As such, the law covers 'deepfake' images that have been digitally manipulated so as to appear to depict the person to be in an intimate situation. It is an operational matter for Police Scotland to enforce relevant laws.

The Scottish Government has provided funding of £138,527.50 to the South West Grid for Learning over two and a half years to support the delivery of practical support for people affected by intimate image abuse via the Revenge Porn Helpline. This includes support to remove images from online platforms and signposting for emotional support. The funded activity includes work to raise awareness and understanding of intimate image abuse and the support available through the helpline in Scotland.