Chamber and committees

In line with the Grant Agreement between Scottish Rail Holdings Ltd and ScotRail Trains Ltd, the first Service Level Commitment (SLC) has to be prepared within the first quarter from 1 April 2022 i.e. end of June 2022.

Transport Scotland’s will publish the Service Level Commitment on the Transport Scotland website once this process has been agreed and finalised.

The Scottish Government published the Learning/Intellectual Disabilities and Autism: Towards Transformation Plan in March 2021. The plan looks at the actions needed to shape supports, services and attitudes to ensure that the human rights of autistic people and people with learning disabilities are respected and protected and that they are empowered to live their lives, the same as everyone else.

In the plan we have committed to work with Inspiring Scotland 'Support in the Right Direction' and other partners to ensure that more people with learning disabilities access their rights under the Social Work (Self Directed Support) (Scotland) Act 2013 to direct their own support. With the aim of providing as much freedom and choice in directing that support as they want in order to achieve their own outcomes.

We are also working with strategic partners such as Healthcare Improvement Scotland (HIS) who have been commissioned to gather and provide insights into different approaches to the redesign of learning disability day services and recognition of the challenges the COVID-19 pandemic has created for service users, their families and service providers, including where there are changes to delivery models away from building-based services.

Fair Start Scotland Service Providers offer specialist support for people with learning disabilities and those who are neuro-diverse, as well as the opportunity to access Individual Placement and Support (IPS) and Supported Employment where this would be of benefit to the individual.

IPS (Individual Placement and Support) and Supported Employment are integral parts of the Scottish employability support landscape. Independent reviews of each model within Fair Start Scotland were commissioned by the Scottish Government and are due to be published by autumn 2022. These reviews will allow us to build on success factors, whilst identifying areas for improvement to ensure the continuation of this vital element of support for individuals as they move towards and into work.

The Scottish Government is a key partner in the Save a Life for Scotland Partnership. The delivery of the Out of Hospital Cardiac Arrest Strategy 2021 – 2026 is facilitated and overseen by two groups; the Strategy Delivery Group and the Out of Hospital Cardiac Arrest Reference Group.

The Scottish Government attended the most recent meeting of the Strategy Delivery Group on 7 April 2022.

The most recent meeting of the Out of Hospital Cardiac Arrest Reference group, also attended by Scottish Government, took place on 27 April 2022.

Scottish Government also took part in a Save a Life for Scotland partner’s meeting on 18 May 2022.

The Scottish Government launched a public consultation on the draft physical intervention in schools guidance on 21 June. The draft human rights-based guidance makes clear that restraint and seclusion should only ever be used as a last resort and when in the best interests of the child or young person.

The draft guidance is a result of our 2019 agreement with the Children and Young People’s Commissioner Scotland and the Equality and Human Rights Commission in 2019 that non-statutory guidance be developed as a first step to improve practice in this area.

The draft guidance has been developed carefully, over time, with extensive input from over thirty working group members and partners, including the Children’s Commissioner, young people, parents, staff, local government and third sector organisations.

The consultation period has been extended to 25 October to allow all those with an interest in this sensitive area, including children and young people, to feedback their views. We will work closely with partners, following final publication, to ensure the guidance is followed.

Details of the membership and notes of the meetings of the physical intervention working group are available on the Scottish Government’s website: Physical Intervention Working Group - gov.scot (www.gov.scot) .

In healthcare settings, all incidents of restraint should be recorded and monitored at NHS Board level in line with their individual clinical governance procedures. The Mental Welfare Commission also have a role in publishing guidance in this area and in addressing individual cases following contact from patients, or as a result of their visits and themed reviews.

The Care Inspectorate gathers information on all incidents of restraint and reviews selected cases to ensure staff carrying out the restraint are fully trained and best practice is followed. They also inspect residential and secure care homes at least once each year, and restraint procedures are part of that inspection process.

In education settings, any use of physical intervention in schools, including restraint, must be recorded and monitored by local authorities. As part of their scrutiny and improvement roles in schools, Education Scotland inspectors consider the impact of practice in relation to the use of physical intervention, including restraint, for children and young people.

Information on the number of incidents of restraint and seclusion in these services are not collected at a national level by the Scottish Government.

The Scottish Government recognises the importance of day services to both those who use them and to their families and carers. We have been working closely with local areas to ensure that services are delivered safely. Revised guidance for buildings-based day services was published on 26 May 2022. The guidance says that such services should return to pre-pandemic capacity wherever possible, while operating safely in line with COVID-19 guidance.

The Scottish Government is working with a variety of key learning disability stakeholder groups and organisations who highlight concerns and issues. These are being addressed through relevant policy teams across the Scottish Government to ensure a joined-up approach. We are also working with strategic partners such as Healthcare Improvement Scotland (HIS). HIS have been commissioned to gather and provide insights into different approaches to the redesign of learning disability day services, recognising the challenges the COVID-19 pandemic has created for service users, their families and service providers.

The Scottish Government has set out our commitment to people with a learning disability and their families through the Keys to Life Learning Disability strategy and the Learning/Intellectual Disabilities and Autism: Towards Transformation Plan . Both strategies focus on outcomes intended to ensure people with a learning disability live healthier lives, enjoy choice and control over the services they use, and are supported to be independent and active citizens.

In healthcare settings, all incidents of restraint should be recorded and monitored at NHS Board level in line with their individual clinical governance procedures. The Mental Welfare Commission also have a role in publishing guidance in this area and in addressing individual cases following contact from patients, or as a result of their visits and themed reviews.

The Care Inspectorate gathers information on all incidents of restraint and reviews selected cases to ensure staff carrying out the restraint are fully trained and best practice is followed. They also inspect residential and secure care homes at least once each year, and restraint procedures are part of that inspection process.

In education settings, under existing 2017 guidance any use of physical intervention in schools, including restraint, must be recorded and monitored by local authorities. As part of their scrutiny and improvement roles in schools, Education Scotland inspectors consider the impact of practice in relation to the use of physical intervention, including restraint, for children and young people.

On 21 June, the Scottish Government launched a public consultation on new draft human rights-based guidance on the use of physical intervention in schools. The draft guidance makes clear the recording, reporting and monitoring expectations that apply to all schools. This includes recording of a child or young person’s additional support needs and any protected characteristics.

Furthermore, this year Restraint Reduction Scotland was launched. Restraint Reduction Scotland is led by a core group of stakeholders, including professionals and family carers, who have lived experience, expertise and a shared, cross-sector, commitment to working towards the reduction of restrictive practices.

The Scottish Government recognises the importance of day services to both those who use them and to their families and carers. Revised guidance for buildings-based day services was published on 26 May 2022 which says that such services should return to pre-pandemic capacity wherever possible, while operating safely in line with COVID-19 guidance.

We are investing now in additional support for breaks. We have allocated an extra £5 million for short breaks in the 2022-23 budget, on top of the annual £3 million voluntary sector Short Breaks Fund. We have already distributed £3.5 million of this funding to the Time to Live delivery partners to expand short break support for carers. This is in addition to a further £20.4 million in the 2022-23 local government settlement for Carers Act implementation. We are also legislating through the National Care Service Bill to establish a right to breaks from caring.

We published our Respiratory Care Action Plan for Scotland in March 2021. Since its publication we have established the Scottish Respiratory Advisory Committee (SRAC) to provide governance and oversight of the Plan implementation.

The SRAC held their first meeting in October of last year, at which, the SRAC agreed three initial priority areas for the first year of implementation. These are: pulmonary rehabilitation, data and child to adult transition services. Sub-groups have been established for each of these priority areas with membership comprising of clinical experts and third sector.

Each of the sub-groups have held their first meeting with further meetings taking place ahead of the SRAC in July. We are continuing to work with the SRAC to identify further commitments in the Plan that can begin to be progressed.

We have also funded The Alliance to launch a Respiratory lived experience network, in order to ensure that the experiences of those living with respiratory conditions are taken into account when delivering the commitments in the RCAP. The Respiratory Network was launched on 14 December 2021. The Network is represented on each of the sub-groups and the Alliance is currently working with sub-group members to determine the first pieces of work it will take to the Network. The Alliance is also in the process of expanding the Network’s membership to target groups specifically affected by the sub-groups’ focuses.

We are putting in place robust plans to deliver our replacement for Winter Fuel Payment from winter 2024 and we will consult on the proposals for this replacement in due course. Our priority is taking on full responsibility for all the devolved benefits in a safe and secure transition so that people continue to receive support at the right time and right amount.

We have already introduced Child Winter Heating Assistance, which is intended to provide support to the families of over 19,000 of the most seriously disabled children and young people (including those living with a terminal illness), to help mitigate the additional cost of heating their homes in the winter months.

In addition, from this coming winter (2022-23) the Scottish Government’s new Low Income Winter Heating Assistance will guarantee an annual £50 payment to around 400,000 low-income households each winter. This is not dependent on age but will be targeted, reliable financial support to those most in need, including those in receipt of Pension Credit.