Chamber and committees

The Department for Education has undertaken a review of air cleaning devices likely to be suitable for use in schools, and associated costs, to support a centralised procurement strategy. This information was therefore utilised to assist in building up our cost assumptions.

Only a small number of local authorities in Scotland have to date chosen to utilise air cleaning devices, in a very small number of problematic spaces as a temporary measure.

The example scenario used to generate overall costings for the up-to-£5m funding was developed with input from the Scottish Futures Trust, and drew on the costings that had already been developed for the Business Ventilation Fund with input from the expert Covid-19 Ventilation Short Life Working Group.

As was made clear in the letter to the Committee, an undercut of a door was only one element of the example set of remedial measures used to calculate the up-to-£5m fund. The other elements that formed part of the example were temporary use of an air cleaning device and installation of small mechanical ventilation units.

Inclusion of the potential for a door undercut in the example is fully in line with expert advice. This makes clear that undercuts (small gaps at the bottom of a door) allow air pressure to be equalised on each side of the door, to ensure that additional force on one side does not make the door difficult to open. This includes cases where the pressure increase caused by mechanical ventilation systems – another key element of the example scenario – could impair the normal safe operation of a door. It was for this reason that this element was included in the example scenario.

There is no such proposal.

As was made clear in the letter to the Committee, an undercut of a door was only one element of the example set of remedial measures used to illustrate the appropriate level of overall additional funding that might be needed to tackle problematic spaces. The other elements that formed part of the example were temporary use of an air cleaning device and installation of small mechanical ventilation units.

Local authorities are fully aware that they should undertake any remedial work in line with Scottish Government guidance on ventilation and expert input.

We have not asked local authorities to undercut doors in schools, nor was £300,000 provided to them specifically for these purposes.

My letter to the Education, Children and Young People Committee setting out the example scenario was not guidance, and has not been issued to local authorities. The letter stated:

“In order to calculate the £5m schools/ELC ventilation fund, we have assumed an example set of remedial measures which could be taken for each problematic space although this will vary depending on local decisions.”

and

“ It is very important to note that these costs will of course vary significantly in practice, as the precise remedial measures used in each problematic space should be informed by local circumstances and expert assessment by local authority teams .”

An undercut of a door was therefore clearly indicated as only one element of an example set of remedial measures used to calculate the up-to-£5m fund. The other elements that formed part of the example were temporary use of an air cleaning device and installation of small mechanical ventilation units.

Inclusion of the potential for a door undercut in the example is fully in line with expert advice. This makes clear that undercuts (small gaps at the bottom of a door) allow air pressure to be equalised on each side of the door, to ensure that additional force on one side does not make the door difficult to open. This includes cases where the pressure increase caused by mechanical ventilation systems – another key element of the example scenario – could impair the normal safe operation of a door. It was for this reason that this element was included in the example scenario used to generate costings.

Local authorities are fully aware that they should undertake any remedial work in line with Scottish Government guidance on ventilation and expert input. Our guidance already makes clear that when implementing any Covid-safety measures, local authorities must continue to adhere to legal obligations with regard to health and safety, including fire safety. It is of course for local authorities as duty holders to ensure appropriate consultation with all relevant authorities when undertaking works in school buildings.

I refer the member to the answer to question S6W-05818 on 2 February 2022. 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

While the site continues to operate on the basis of the current operational functions there is no cause to look towards any environmental remediation. As outlined in the previous answer, any environmental remediation follows in a situation where operational licences are being handed back and are dealt with on a regulatory basis. The polluter pays principles are used to ensure that the land can be remediated to another purpose if this is required. When dealing with potentially contaminated land through either the development planning system, or if voluntary remediation is undertaken, it is for the developer or landowner to investigate and assess the extent of contamination and undertake any remediation that would be required. These remain hypothetical scenarios as the current site is operating and continuing to produce steel.

The Scottish Government is committed to ensuring that robust child protection measures are in place across Scotland. To fulfil this commitment the Scottish Government has ongoing engagement through a variety of fora with statutory public bodies, Commissioners and other key stakeholders to identify any issues in relation to child protection policies, processes and procedures and resolved collaboratively.

The following issues have been raised in the last 12 months:

• Bairns’ Hoose and the Scottish Child Interview Model for Joint Investigative Interviews: Partnership working on the development of these initiatives including collaboratively resolving issues as they arise.
•  Coronavirus: The operation and continued need for Coronavirus (Scotland) 2020 Act provisions relating to Child Protection Orders, Child Assessment Orders and other aspects of Children’s Hearings processes. The use of other flexibilities and streamlining of certain requirements detailed in the Coronavirus (COVID-19): supplementary national child protection guidance Adaptations to local child protection responses and learning from earlier stages of the pandemic which informed the updating of this guidance.
• Domestic abuse: Support and protection for children experiencing domestic abuse, with a focussed discussion at the Children and Families Collective Leadership Group and follow up cross-Government engagement and action.
• Education: The role of the General Teaching Council for Scotland (GTCS) in sharing information about child protection concerns, with follow up engagement with GTCS planned.
• Human trafficking and exploitation: Reviewing the application of Lord Advocate’s Instructions for Prosecutors when considering Prosecution of Victims of Human Trafficking and Exploitation . The Scottish Government worked closely with the Crown Office and Procurator Fiscal Service, the Office of the Children and Young People's Commissioner Scotland, Police Scotland and Scottish Prison Service to assess the application of the instructions in cases where individuals may have been victims of trafficking or exploitation.
• Implementation of the National Guidance for Child Protection in Scotland 2021 : National resources and action to support local implementation with discussion and decisions on next steps taken by the National Child Protection Guidance Implementation Steering Group.
• Online safety: Developing a Scottish response to the UK Government’s draft Online Safety Bill, working closely with the Crown Office and Procurator Fiscal Service, Ofcom, the Office of the Children and Young People's Commissioner Scotland and Police Scotland on the devolved implications and agreeing where the legislation needs to go further to ensure children are as safe as possible when using the internet.
• Orkney: Progress in addressing areas for improvement identified during the 2019 joint inspection of services for children and young people in need of care and protection in Orkney, with follow up engagement with the Care Inspectorate, Healthcare Improvement Scotland and the Orkney Partnership.
• Unaccompanied Asylum Seeking Children: Working closely with the Convention of Scottish Local Authorities, the Office of the Children and Young People's Commissioner Scotland and Social Work Scotland on the UK Government’s decision to mandate the National Transfer Scheme; and the child welfare implications arising from the Nationality and Borders Bill, particularly changes to how Unaccompanied Asylum Seeking Children have their ages assessed. This work has underpinned the decision of the Social Justice Cabinet Secretary to lodge a Legislative Consent Memorandum recommending that consent be withheld in relation to two clauses Bill.

The Scottish Government owning the Steelworks for a short period of time enabled all parties to achieve what they required from the sale and purchase of the business. The Scottish Government in doing so, supported the recommencement of Steel Production in Scotland and protected the livelihood of families across the Lanarkshire Steel communities.

The Dalzell Steelworks were owned for a short period of time by the Scottish Government to assist in the facilitation of the transfer of ownership of the Steelworks between TATA Steel UK and Liberty House.

On 2 September 2021 the Scottish Government published the National Guidance for Child Protection in Scotland 2021, which replaces the 2014 National Child Protection Guidance.

The revision of this guidance was undertaken through a collaborative process informed by extensive public and stakeholder engagement over a period of two and a half years. The review was overseen by a National Guidance Steering Group comprised of representatives from stakeholder organisations and other key interests.

The Scottish Government ran a formal public consultation on draft guidance between 21 October 2020 and 31 January 2021. A total of 159 consultation responses were received from a wide range of organisations and individuals. Where respondents have given their permission, responses have been published on Citizen Space . In addition to the public consultation, seven virtual stakeholder engagement events were held during November and December 2020. These events were used to engage with Child Protection Committees and practitioners, with a facilitated discussion structured around the consultation questions. An independent analysis of consultation responses was commissioned and engagement was undertaken with many respondents to better understand their views and reflect in final draft.

The key themes emerging from the engagement process were: status of the guidance and degree of local variance; ensuring an appropriate balance between the current context and direction of travel as the aspirations of The Promise are realised; clarity on the timing of the refresh of Getting it right for every child (GIRFEC) and further guidance on the role of the named person; the balance of support and protection regarding poverty and neglect; accessibility and usability of the guidance; inclusion of practice notes; expectations of timescales for implementation.

Feedback and proposed changes were considered by the Steering Group at every stage of the engagement process. Where there was agreement, the drafts were updated. Feedback along with rationale for decisions was then given to those who had provided comment. On 2 September 2021 the Scottish Government published a consultation report which included the independent analysis of consultation responses and engagement activity and the Scottish Government’s response.