Chamber and committees

Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 a spouse can ask the court for an exclusion order to remove the other spouse from the matrimonial home. Civil partners have a corresponding right under the Civil Partnership Act 2004. A cohabitant can also seek an exclusion order where the court has granted them occupancy rights.

The court can make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child.

These orders are temporary. For example, an order will end if the family home is sold or the couple divorce.

There are other civil remedies available to those at risk of domestic abuse. These include an interdict which can prohibit or restrain specified behaviour. By virtue of the Domestic Abuse (Scotland) Act 2011 a breach of a domestic abuse interdict with a power of arrest attached is a criminal offence. Another potential civil remedy is a non-harassment order under the Protection from Harassment Act 1997, breach of which is again a criminal offence.

The Scottish Law Commission are considering carrying out a review of civil remedies in relation to domestic abuse in phase 2 of its work on aspects of family law .

The member is welcome to write to me raising specific points about exclusion orders or other civil protection measures.

Social landlords in Scotland must already meet the Scottish Housing Quality Standard which requires properties to be free from damp, have adequate ventilation and be suitably insulated and they must ensure any requests for repairs are carried out in a timely fashion. Compliance is monitored by the Scottish Housing Regulator. If landlords fail to comply, tenants can escalate complaints to the Scottish Public Sector Ombudsman. The latest report on the Scottish Housing Charter shows that almost 9 out of 10 social tenants are satisfied with the homes and service that their landlord provides.

The Regulator is currently working proactively with social housing providers to identify and share best practice in dealing with damp and mould and is expected to publish updated guidance shortly.

The Scottish Government does not hold that specific information. However statistics collected from local authorities includes information on housing for disabled people: Housing for Older People and People with Disabilities and the Scottish Housing Regulator also collects information on numbers of housing units for disabled people: Statistical information | Scottish Housing Regulator .

The Scottish Government is committed to improving the lives of people with complex care needs. Along with the Minister for Mental Wellbeing and Social Care, I recently wrote to all areas to encourage greater collaborative working across integration authorities and local authorities to deliver integrated housing, care and support services for people with complex care needs living in Scotland.

Official statistics for Fair Start Scotland (FSS) are published quarterly by the Scottish Government. The most recent publication was on 22 February 2023 ( Scotland's Devolved Employment Services: statistical summary February 2023 - gov.scot (www.gov.scot) ) and includes demographic breakdowns such as for participants with learning disabilities. The latest official statistics show:

Start and job outcomes for FSS participants with a learning disability, by start year

The Scottish Government recognises that an improved streamlined process for the implementation of new genetic tests linked to a Scottish Medicines Consortium (SMC) approved medicine is required. The SMC currently provides early information to National Services Division (NSD) on cancer medicines in clinical development that are expected to require a companion diagnostic through regular horizon scanning reports. To support financial and service planning, the SMC also provides Health Boards – in confidence - with information on medicines that may require a companion diagnostic through regular Forward Look reports, which include emerging new medicines, including Advanced Therapy Medicinal Products (ATMPs).

A key function of the Scottish Strategic Network for Genomics Medicine (SSNGM) is to horizon scan for new medicines to prevent delays for patients getting access to advanced therapies. To support this, the SSNGM has established Scottish Genomics Testing Assessment Groups (SGTAG) for cancer and rare disease. The SGTAG will work with the SMC and others to approve the availability of companion diagnostic tests in the genetic laboratories.

SEPA’s grant in aid funding from Scottish Government has increased over the last five-year period from £34,936,000 to £41,406,000. SEPA determine the amount of resources allocated to meeting their statutory obligations through their Annual Operating Plan in each year in agreement with the Scottish Government.

SEPA Grant in Aid Funding:

£34,963,000 in 2018-19

£34,425,000 in 2019-20

£37,098,000 in 2020-21

£44,449,000 in 2021/22

£41,406,000 in 2022/23 [figures subject to year end audit]

SEPA operate under statutory frameworks to recover the costs associated with their role as the environmental regulator. The annual income recovered across all charging schemes and other incomes as notified to the Scottish Government was as follows:

Charging scheme & other income:

£47,282,000 in 2018-19

£47,807,000 in 2019-20

£44,901,000 in 2020-21

£46,010,000 in 2022-23 [figures subject to year end audit]

Work is currently underway to scope the development of the Biodiversity Investment Plan. The Plan is anticipated to be completed in the second half of this year.

The Scottish Government collects information on temporary accommodation placements associated with homelessness applications through the HL3 data collection. This gathers information on date of entry and date of exit (where relevant) for each temporary accommodation placement. It is possible to combine durations of individual temporary accommodation placements associated with the same homelessness application.

The HL3 data collection does not gather information on all persons present in temporary accommodation placements. However, it is reasonable to assume there is at least one adult present. An additional question was added to the HL3 data collection in 2019 to ask how many children require accommodation in temporary accommodation placements, but not all local authorities have so far been able to provide this information.

An estimate of the presence of children in temporary accommodation placements can be derived by linking household records between the HL1 and HL3 data collections. The HL1 data collection is related to homelessness applications and gathers information on household composition. However, it is important to note that households may sometimes make alternative arrangements for children when entering temporary accommodation and therefore it is not always the case that children included in the HL1 return are present in associated temporary accommodation placements. It can also be the case that children are present for only part of the stay in temporary accommodation e.g. as part of shared custody arrangements.

A full set of HL3 data is available for all local authorities from 2017-18. However, this includes temporary accommodation placements which commenced prior to 2017-18. In addition, some local authorities have provided data prior to 2017-18, but the completeness of this is highly variable across local authorities.

Information at individual (person or household) level cannot be provided due to data confidentiality.

Information gathered through Scottish Government homelessness data collections can be found under the homelessness data provider information section of the homelessness statistics webpages. Within the annual Homelessness in Scotland publications, data tables are included for a) the average time spent in temporary accommodation for closed cases, by local authority and household type and b) the distribution of time spent in temporary accommodation for closed cases, by local authority for i) all households; ii) households with children; and iii) households without children.

An approach informed by best practice methodology – Managing Successful Programmes – has been adopted to frame the development, planning and delivery of the draft Scottish Biodiversity Strategy. This includes a programme board and programme manager to support and coordinate resources drawn from NatureScot and Scottish Government to deliver the Strategy.

Costs and resources are tracked via standard Scottish Government budget management procedures. This includes annual and monthly forecasting and monitoring returns.

The PVG Scheme was established on 28 February 2011. The number of PVG disclosures completed in each financial year since that date is set out in the following table.

Disclosure Scotland’s Annual Report and Accounts, which includes figures about PVG disclosures, is laid in the Parliament each year and published on the MyGov.Scot website: Disclosure Scotland Annual Report and Accounts 2021-22