Chamber and committees

Paragraph 9.15 of the Family Justice Modernisation Strategy (link: https://www.gov.scot/publications/family-justice-modernisation-strategy/pages/11/ ) outlines the work that will be undertaken to consider if changes are needed to the Child Abduction Act 1984. We have now started this work and are currently seeking views from key stakeholders. I am happy to receive any comments from the Member about whether or not changes should be made to the 1984 Act.

We are confident in local authorities’ ability to deliver unpaid work and other community orders but we recognise the huge impact which the pandemic had on justice social work and the ongoing efforts to ensure an effective and sustainable recovery.

We continue to work with key partners including Social Work Scotland, COSLA, and Community Justice Scotland to monitor recovery work, including measuring the level of outstanding unpaid work hours regularly and exploring any issues arising.

At present, management information indicates that the number of outstanding unpaid work hours across Scotland is close to pre-pandemic levels, at around 720,000 hours in November 2022 compared to around 690,000 hours in April 2020. Having some outstanding hours in the system is normal, as it takes time for individuals to undertake the unpaid work they have been sentenced to.

The ongoing recovery work is also supported through the draft budget for 2023-24, which maintains the additional funding of £15m provided in 2022-23 for justice social work services.

The Scottish Government does not collect information on ill-health retirement of officers due to mental health reasons. Staffing issues are a matter for the Chief Constable under the oversight of the Scottish Police Authority.

The Scottish Government welcomes the support provided by Police Scotland to its workforce through initiatives such as the "Your Wellbeing Matters" programme which covers psychological, physical, social and financial wellbeing.

Police Scotland continue to develop international partnerships with law enforcement authorities and support agencies to assist with investigations into human trafficking and exploitation offences and support for victims.

Development of those partnerships remains an operational matter for the Chief Constable of Police Scotland.

The Ukraine Longer Term Housing Resettlement Fund guidance and application form for Local Authorities and Registered Social Landlords was published on the Scottish Government website on 30 September 2022, following the launch of the fund on 22 September 2022. Further details can be found here: https://www.gov.scot/publications/ukraine-longer-term-resettlement-fund/

A letter was issued to Council Leaders and the Scottish Federation of Housing (copied to Council Chief Executives) on 4 October 2022 to notify them of the Fund and encourage applications.

We are prioritising applications which deliver completed homes by 31 March 2023. Projects with homes completed in 2023/24 will be considered by exception.

I am pleased to confirm the publication today of the Scottish Government’s fourth thematic report on implementation progress following Dame Elish Angiolini’s Final Report. This not only includes a narrative, context and additional information about key recommendations but, importantly, also has a tracker showing what progress has been made.

This shows that 55 of the non-legislative recommendations are now complete leaving only 16 non-legislative recommendations still in progress and one to be kept under review.

Through their leadership and commitment, policing partners have delivered major business transformation and service redesign to improve how complaints are handled, bringing greater transparency, fairness and accessibility to systems, policies and processes.

Building on this and as announced in the Programme for Government, the Scottish Government will introduce a Police Complaints and Misconduct Handling Bill in this Parliamentary year to further strengthen public confidence in policing in Scotland.

I commend Police Scotland, the Scottish Police Authority, the Police Investigations and Review Commissioner, the Crown Office and Procurator Fiscal Service and Her Majesty’s Inspectorate of Constabulary in Scotland for their dedication to this important work.

The report can be accessed here: http://www.gov.scot/ISBN/9781805252610

We welcome the one-year update report from the Scottish Centre for Crime and Justice Research (SCCJR) on prison deaths and FAI outcomes in Scotland which will inform work across organisations to prevent deaths in custody and in relation to FAIs.

We are committed to making improvements to the response to, and experiences of, families impacted by a death in custody and to that end we have welcomed the recommendations from the Independent Review of the response to Deaths in Prison Custody and we are working with partners to implement these.

A dedicated Crown Office team was piloted from November 2021 under the umbrella of the Health and Safety Investigation unit to consolidate how we investigate deaths in custody and to make improvements to these processes. During the pilot period, the unit investigated deaths in custody with common underlying themes, namely drug deaths and deaths by suicide. Following a successful Pilot, the Custody Death Unit was established in August 2022 with a remit to investigate all deaths in legal custody occurring in Scotland after that date. It is anticipated that this holistic approach will streamline the approach to investigations resulting overall in a reduction to the journey time of cases whilst still ensuring a robust and through investigation. In addition, it is anticipated that the streamlined approach will allow for accelerated processes for particular categories of death and greater scope for conjoining FAIs which will further reduce the time taken to conclude these investigations.

Preventing suicide and supporting people who self-harm are key areas of focus for the Scottish Prison Service in developing its Health and Wellbeing Strategy. The Prevention of Suicide in Prison Strategy aims to care for those ‘at risk’ of suicide by providing a person-centred care pathway based on an individual’s needs, strengths and assets and by promoting a supportive environment where people in SPS custody can ask for help.

In September, the Scottish Government and COSLA published Creating Hope Together - a new long term suicide prevention strategy for Scotland. Our vision is to reduce the number of suicide deaths in Scotland, whilst tackling the inequalities which contribute to suicide. The strategy sets out a new approach to reducing suicide in Scotland, targeting key settings where suicide risk is higher, such as prisons. We are now implementing the strategy and are working with partners across the criminal justice system.

In terms of the findings relating to Fatal Accident Inquiries, the Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. These functions are exercised independently of government. Whether or not a recommendation is made at the end of an inquiry is a matter for the presiding Sheriff who has listened to all the evidence.

We keep matters in relation to FAIs and deaths in custody under review in consultation with the Crown Office and continually consider and evaluate whether there are ways in which the system can be improved further.

COPFS is committed to reducing the timescale for commencing FAIs, including those arising from deaths in custody, whilst ensuring that the circumstances surrounding each death are thoroughly investigated. COPFS has introduced a number of measures since the implementation of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to reduce the average time taken to complete FAIs.

Bullying, harassment and unacceptable behaviour of any form cannot be tolerated within society or within policing, and there must be trust in how matters are handled if things go wrong. This includes having robust, clear and transparent mechanisms in place to investigate complaints, misconduct or other issues of concern.

Protecting public confidence in policing in Scotland is fundamental to a healthy democratic society. That is why the Scottish Government commissioned and subsequently accepted the majority of the recommendations from Dame Elish Angiolini’s Independent Review, and outlined its commitment to introduce a Police Complaints and Misconduct Handling Bill later this parliamentary year.

The introduction of this Bill will provide greater transparency around the police complaints process, the standards we expect from officers and further strengthen public confidence in policing. It will build on the improvement work already delivered which includes a new operating model for complaint handling within Police Scotland and the establishment of a Strategic Oversight Board to mainstream equality, diversity and inclusion. This further underlines that unacceptable behaviour will not be tolerated in policing in Scotland.

The Scottish Government is grateful to Police Scotland’s call handlers for their continued hard work to ensure that calls to the service are answered as quickly and as safely as possible.

In its 2021 briefing note, His Majesty's Inspectorate of Constabulary, (HMICS) noted significant progress in Police Scotland’s call handling processes and a commitment to pursue continuous improvement. Furthermore, this year’s HMICS assurance review on the service’s Contact Assessment Model (CAM) highlighted a number of successes in how calls are now triaged by handlers.

The Scottish Government does not collect data on Police Scotland 999 or 101 calls. Delivery of these services is a matter for the Chief Constable under the oversight of the SPA.

Police Scotland publish monthly reports on call handling which are available at: https://www.scotland.police.uk/about-us/what-we-do/how-we-are-performing/.