Chamber and committees

The Scottish Government and SFC are very conscious of the challenge colleges face. With regards to the specific issue raised, we are working collaboratively to understand the emerging impact and consider if a solution for 2024-25, as well as the longer term, can be found for affected colleges and keeping the Colleges: Tripartite Alignment Group updated.

The tripartite group provides strategic direction on the pressures and opportunities facing colleges. Further detail on the work of this group is available here: Colleges: Tripartite Alignment Group - gov.scot (www.gov.scot)

My understanding is that the Scottish Funding Council has concluded that the flexibility it was in position to be able to use in previous years is no longer possible because of the budgetary position it is now operating within, therefore, there has not been any change of policy but rather a lack of flexibility to accommodate switching capital to resource.

The Scottish Government published updated national policy guidance on Funding Follows the Child in December 2023, which outlines the principles and criteria local authorities should follow when delivering funded early learning and childcare. The local authority is responsible for local delivery and has a duty to ensure that the statutory funded early learning and childcare entitlement is made available for each eligible young child belonging to its area. Local authorities also have a duty to publish local delivery plans outlining the choice available to parents and carers.

The Scottish Government is committed to the expansion of the free school meal programme and the next phase will support those in receipt of Scottish Child Payment in Primaries 6 and 7 from February 2025.

To support this expansion we have made provision for £43m of capital funding in 2024-25 to support the infrastructure development required to deliver the next phase of the free school meal programme. This is in addition to the £10m of capital funding provided in 2023-24.

The Scottish Government continues to work closely with COSLA to deliver our free school meal expansion programme.

Any investigation into whether there has been any material effect to a Scottish resident’s circumstances due to alleged negligence or malice on the part of a public servant leading to public knowledge of a recorded non-crime hate incident, and related issues of potential liability, would be dealt with on a case by case basis.

The designation of a Hate Crime Advisor and Hate Crime Champion is an operational decision for Police Scotland, and the Scottish Government does not hold this information.

You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.

I refer the member to the answer to S6W-27665, 4 June 2024, the designation of Hate Crime Advisors and Hate Crime Champions is an operational matter for Police Scotland. 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 .

A comparison of attendance/absence rates for pupils with and without additional support needs in 2022-23 can be found in Figure 33 of Summary Statistics for Schools in Scotland, available here:

https://www.gov.scot/publications/summary-statistics-for-schools-in-scotland-2023/pages/attendance-and-absence/ .

In the Interim guidance published for officers on the recording of Non-Crime Hate Incidents - Police Scotland published by Police Scotland on 9 May 2024, it explains that the alleged perpetrator would usually be recorded as the ‘other party’ (unless in exceptional circumstances where there is real risk of harm or future criminal offence). When asked at the Scottish Police Authority Board Meeting on Thursday 23 May 2024 if detail on the ‘other party’ would appear on a Disclosure check, Deputy Chief Constable Alan Spiers provided reassurance that it would not.

In rare cases, Disclosure Scotland may receive other relevant information (ORI) from relevant police forces (including forces in England, Wales and Northern Ireland) when someone applies to join the PVG scheme, the ongoing monitoring of scheme members, or for an enhanced disclosure check.

ORI is used across the UK, with the UK Government having their own guidance to the police for the handling and processing of non-crime hate incidents in relation to disclosure checks. ORI about the applicant or scheme member can only be provided where the chief officer of a relevant police force reasonably believes it is relevant for the specific purpose of the disclosure and ought to be included on the disclosure certificate. The inclusion of any information Scottish police may hold on an individual is a decision for Police Scotland to make with regard to the statutory Guidance for the Chief Constable of Police Scotland.

Disclosure Scotland staff do not have access to the database on which non-crime hate incidents are recorded.

Royal Assent is still awaited on the Bill, following its agreement by the Scottish Parliament on 25 April. Given the wide-ranging nature of the legislation, the Scottish Government is considering commencement schedules across different provisions rather than a final Act of Parliament being commenced in its entirety on one specific date. These considerations, across all aspects of the Bill, are being informed by stakeholders and delivery partners. This engagement includes the Implementation and Resourcing Group which was established during Parliamentary consideration of the Bill and will ensure commencement is managed well.

However, as the Scottish Government made clear to Parliament during scrutiny of the Bill, ensuring secure transport is subject to a robust and transparent framework is of key importance and we continue to engage with relevant agencies across a range of work which is underway to support that.

The Scottish Government has not been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them.