Chamber and committees

That answer referred to the Care Information Scotland helpline, the Scottish Helpline for Older People and the Scottish Government''s Home Energy Scotland Hotline.

These helplines are well aware their users often do not have access to the internet, and target their advertising accordingly. They advertise its helpline numbers through leaflets and posters distributed and displayed in public places such as libraries, GPs surgeries, and other community settings; through its own publications and mailings; and through awareness raising by attending local events and in talks to the likes of older people''s groups.

In addition, the Scottish Helpline for Older People is in every Yellow Pages directory in Scotland (directories have different categories, so advertisements appear under Advice and Information or Counselling or Helplines). The Home Energy Scotland Hotline has current broad coverage over radio and TV, and over 100,000 Scottish households are being sent letters promoting its phone number in 2010-11.

Illegal money lending is an offence under section 39(1) of the Consumer Credit Act 1974. The number of cases reported to the Crown Office and Procurator Fiscal Service (COPFS) by Scottish Illegal Money Lending Unit (SIMLU) is small. From the information provided by SIMLU, between 2007 and 2010 16 people were reported to the Procurator Fiscal, six prosecutions were undertaken and five people were fined, and one person was sentenced to imprisonment after conviction. If a prosecution cannot be undertaken or cannot be progressed then the case can be referred to the Civil Recovery Unit for consideration of whether civil recovery under the Proceeds of Crime Act 2002 is appropriate to recover any property obtained through unlawful conduct. Since 2007 the Civil Recovery Unit has covered illegal money lending in training to COPFS staff. There are preparations underway to arrange a meeting between a senior official from COPFS and SIMLU to discuss the investigation and prosecution of these cases.

For Scotland''s Disabled Children (FSDC) is a lead partner, along with Scottish Government and COSLA, in a national review of services for disabled children undertaken in 2010 and due to be published shortly. FSDC''s baseline survey, Setting the Scene, was a key source for this review and will remain central to its work with plans to update it on an ongoing basis.

The Scottish Illegal Money Lending Unit is funded by the UK Department of Business, Innovation and Skills.

Loan sharks prosecuted as a result of Scottish Illegal Money Lending Unit activity:

2004-05 - 0

2005-06 - 0

2006-07 - 2

2007-08 - 5

2008-09 - 1

2009-10 “ 1.

The unit are currently working in conjunction with the Crown Office to examine issues that have arisen with previous unsuccessful cases with a view to preventing recurring problems. In addition to criminal prosecution the Unit can use the civil recovery procedures under the Proceeds of Crime Act to recover monies that may have been accrued by the lender. Unpaid taxes may also be recovered by HMRC.

The Scottish Illegal Money Lending Unit is funded by the UK Department of Business, Innovation and Skills.

Loan sharks that have been (a) fined or (b) imprisoned as a result of Scottish Illegal Money Lending Unit activity:

2004-05 “ (a) 0; (b) 0

2005-06 “ (a) 0; (b) 0

2006-07 “ (a) 1; (b) 1

2007-08 “ (a) 4; (b) 0*

2008-09 “ (a) 0; (b) 1

2009-10 “ (a) 1; (b) 0.

Note: *In 2007-08 one criminal case resulted in a Community Service Order.

The Scottish Illegal Money Lending Unit is funded by the UK Department of Business, Innovation and Skills.

Loan sharks reported to the procurator fiscal as a result of Scottish Illegal Money Lending Unit activity:

2004-05 - 2

2005-06 - 14

2006-07 - 5

2007-08 - 8

2008-09 - 4

2009-10 “ 4.

The National Strategy for Self-directed Support (SDS) sets out the core values and principles of SDS. Implementation of the strategy should deliver improved outcomes for people who need support and should not lead to a deterioration in the care they receive. I have recently written to those with a role in implementation, including Directors of Social Work, outlining the importance of the values and principles of SDS. A copy of this letter is available at:

http://www.scotland.gov.uk/Topics/Health/care/adult-care-and-support/independent-living.

A National Implementation Group is currently developing an action plan that will include consideration of the need for further SDS guidance. The 2007 Scottish Government guidance on self-directed support states that, when arranging an SDS package, a local authority should meet the cost of providing a service which is of an equivalent standard to that which it would otherwise provide. The Social Work (Scotland) Act 1968 places a firm duty of care on local authorities, and SDS does not remove that.

The Scottish Government is also consulting on a draft Self-directed Support Bill. The bill seeks to enshrine choice and control through general principles that enable the citizen to choose how they wish to receive their care and support.

The staffing of the Scottish Illegal Money Lending Unit is a matter for the Department of Business, Innovation and Skills.

The funding of the Scottish Illegal Money Lending Unit is a matter for the Department of Business, Innovation and Skills.

There have been no changes in Scottish Illegal Money Lending Unit access to police intelligence since 2007. An Information Sharing Protocol between Association of Chief Police Officers Scotland and the Society of Chief Trading Standards Officers in Scotland (which would cover the Illegal Money Lending Unit) has been established and will greatly facilitate the future exchange of information between the unit and the police.