Chamber and committees

Actions taken by the Scottish Government to respond to the report’s recommendations are set out in the Equalities and Wellbeing in Manufacturing Working Group Recommendations: One Year Report, which was published on the Scottish Government website on 29 August 2023.

Scottish Government worked in collaboration with industry and flexible working specialists, and provided them with grant funding, to produce a set of 3 flexible working video case studies which are real-life examples of flexible working best practice in SME manufacturers. These popular video case studies are available online and have been well publicised at industry events and shared with business organisations to promote to their members. They have been shared with public bodies such as DWP jobcentres, Scottish Council for Development and Industry, Scottish Enterprise, Food and Drink Federation (Scotland and UK) for use and promotion of flexible working best practice in industry.

Scottish Government published its refreshed Fair Work action plan and Anti-Racist Employment Strategy in December 2022, setting out actions to help promote and support fair and inclusive workplaces across Scotland.

We will continue to work with industry and seek feedback on what further support is required to support SMEs to develop inclusivity and flexible working practices.

Actions taken by the Scottish Government to respond to the report’s recommendations are set out in the Equalities and Wellbeing in Manufacturing Working Group Recommendations: One Year Report, which was published on the Scottish Government website on 29 August 2023.

Link to Equalities and Wellbeing in Manufacturing Report here

Link to Equalities and Wellbeing in Manufacturing: One Year Report here

The definition of a Compulsory Supervision Order (CSO) is set out in section 83 of the Children’s Hearings (Scotland) Act 2011 and, as set out below, specifies the measures which can be included in a CSO.

A children's hearing can make a CSO if the hearing considers that it is necessary for the child’s protection, guidance, treatment or control.

A CSO must then be implemented by the relevant local authority to ensure that the child is adequately supported in accordance with the CSO.

Every CSO will as a minimum contain a standard measure that the local authority supervises the child, and will specify the period of time that the order has effect.

Children’s hearings can, where appropriate, make their intentions for supervision more specific by adding further specific measures to a CSO:

• A requirement that the child reside in a specific place.
• A direction to restrict the child's liberty whilst residing in a specific place.
• A prohibition on the disclosure of the address of the child where the child is required to reside in a specified place.
• A movement restriction condition.
• A secure accommodation authorisation.
• A requirement for specified medical or other examination for the child- only with the child's consent.
• A requirement for specified medical or other treatment for the child-only with the child's consent.

Government analysis concluded that the Bill could not extend compulsory measures beyond 18 using the children’s hearings system. This would fundamentally change the child welfare-based system, and require an entirely new framework. The tests needed to justify compulsion beyond childhood would require to be restated to accommodate the rights of evolving young adults, with limited suitable options for dealing with non-compliance. Such an approach could also cause capacity issues, including for the volunteer panel members, who would be making decisions in relation to young adults as opposed to children.

The Bill also includes powers to enable those who are remanded or sentenced under 18 to detention in secure accommodation, to remain in secure accommodation until a maximum age of 19. This is to prevent young people – where their sentence is due to end shortly after their turning 18 – being automatically conveyed to serve a short outstanding part of that sentence in a Young Offenders’ Institution. This is therefore directed at minimising placement moves and avoiding unnecessary risks, disruption or trauma. This is in line with UNCRC.

Young people who have been supported and supervised under the children’s hearings system are not dealt with as ‘offenders’, as would be the case in the criminal justice system. There is no retributive focus for decision-makers in the children’s hearings system. Once a compulsory supervision order (CSO) has ended or been discharged, then the implementation authority has duties regarding the necessary aftercare arrangements. Section 7 of the Children (Care and Justice) (Scotland) Bill would, if passed, amend the Children’s Hearings (Scotland) Act 2011 to enable a children’s hearing on reviewing a CSO, to consider whether after the CSO is to come to an end, the child might still need supervision or guidance after the child turns 18. In that case, the relevant local authority's duty to provide the child with that supervision or guidance continues to have effect after the child turns 18 until they turn 19. 60% of over 100 respondents to the Bill consultation in 2022 supported this. By this point, there would be no compulsion or obligation to accept offers of support. Rather, the young person may benefit from, and wish, voluntary advice, guidance and assistance as they transition to adulthood.

Each child is considered in respect of their individual needs and risks when they are referred to the Principal Reporter, or where a children’s hearing is to be convened. The Scottish Government is not aware of evidence of inappropriate or unequal treatment between care-experienced children and those who do not have care experience or are coming to the system’s attention for the first time.

Scotland’s secure accommodation centres offer an integrated model of delivery, caring for children together in locked premises under high intensity supervision. This applies regardless of the route children have been placed there.

When a child is placed in secure care, children’s safety is to the fore. Secure care centres are highly skilled and experienced in directing and restricting the contacts that a young person can have with others.

The daily care arrangements experienced by individual children are tailored to their own risk and needs, and the safety requirements of other children. This involves risk-assessing the individual child, and then formulating a plan, based on those risks and the vulnerabilities of any others with whom they may come into contact.

Children’s Hearings Scotland (‘CHS’) are preparing to extend the benefits of accessing children’s hearings to all Scotland’s 16 and 17 year olds who need it. It is the statutory responsibility of the National Convener at CHS to appoint children’s panel members. There is a consistent record dating back over 5 decades of sufficient prospective volunteers coming forward from Scotland’s communities to serve as children’s panel members. While volunteer positions across all sectors are more difficult to fill post-pandemic, Ministers are confident that the National Convener and CHS have the resources, skills and knowledge to fulfil their statutory duties. Officials remain in close contact with the National Convener and his team to determine if further interventions are required to maintain children’s panel capacity and resilience, both in the short-term and in the months to come. A range of escalating interventions have been prepared by CHS to improve panel intake and reinforce retention rates - those will be implemented as required.

We are aware of the pressures in temporary accommodation that many local authorities, including Fife Council, are facing and are working with them on what support is needed to reduce their use of temporary accommodation. The Minister for Housing is due to meet again with Cllr Hamilton, Fife’s Housing Convenor, on 7 November.

We have committed to reducing the use of temporary accommodation by 2026 and are acting on the recommendations of the expert Temporary Accommodation Task and Finish Group. We will invest at least £60 million for local authorities and social landlords to acquire properties for use as affordable homes, as part of our wider £752 million Affordable Housing Supply Programme investment this year. We are also asking social landlords to increase allocations to homeless households and to bring empty homes and void properties back into use, and are supporting councils to develop targeted plans, supported by an additional £2 million in 2023-24.

The Scottish Government is continuing to meet with the local authorities most under pressure to discuss what is required to help reduce their use of temporary accommodation. The Scottish Government has established a Short Term Housing Supply Group to consider how to address the barriers to increasing housing supply in the short term. We are working with COSLA, ALACHO, the Scottish Housing Regulator, the Scottish Federation of Housing Associations and the Glasgow West of Scotland Forum of Housing Associations to consider what we need to do differently in the next two to three years to reduce the use of temporary accommodation.

The Scottish Government is providing £220,000 of support to the St Andrews Rail Link (StARLink) project through the Local Rail Development Fund (LRDF).

Responsibility for the management and delivery of the project sits with the StARLink Campaign which is required to provide a detailed options appraisal, to the Scottish Government, by the end of March 2024.

To inform the next stages of the project, this appraisal will then be considered against the Scottish Government’s investment priorities for the strategic transport network, a robust business case, affordability and other competing proposals.