Chamber and committees

The average length of time between date of death and FAI completion date in days is 1,067.

This figure is based on COPFS figures rather than the published FAI Statistics (the difference being that COPFS records the FAI as concluded when evidence is concluded, not when the Determination is issued) and accordingly it relates to 42 cases and not the 44 on the FAI statistics. Of those 42, the shortest length was 322 days and the longest 3,440 days. 32 out of the 42 (76%) of the FAIs related to deaths which occurred in 2018, 2019 and 2020. As stated above, once a First Notice has been lodged with the Sheriff Clerk, the Crown has limited control over the timescale for commencing and concluding an FAI.

Whilst it is accepted that the average timescale has increased, this can be explained by COPFS progressing its oldest cases and ensuring that the FAI process is commenced. It should also be recognised that FAIs have been progressed and concluded in 2021-22 and the preceding year notwithstanding the considerable effect on COPFS and court business placed by the COVID pandemic, including courts being closed for a number of months and thereafter a phased reintroduction of court business. Court users quickly and successfully adapted to new ways of working including the use of WebEx to conduct FAIs online to ensure cases were progressed.

Applicants have six months from receipt of offer of payment to accept or decline the offer. As of 31 October 2022 payments totalling £8,570,168 have been made to survivors or their next of kin.

The most recently available data for payment breakdown, as of 30 September 2022, shows that redress payments of £3,464,900 have been attributed to organisations contributing to the scheme. The NHS boards contribution is included in this figure, however, for survivor data privacy reasons further breakdown of the data to the level of individual organisations would not be appropriate at this time.

There are 16 contributors, with potential contributions agreed reaching £122m. The live list has been published online since 8 December 2021.

Through the Community Mental Health and Wellbeing Supports and Services Framework, we are providing local authorities with £15 million per annum to fund community-based mental health supports for children, young people, their families and their carers. North Ayrshire Council’s share of this year’s funding is £360,000 and Inverclyde Council’s is £192,000.

In North Ayrshire, the following supports and services for children and young people are delivered through the funding:

• Family-Centred Wellbeing Service: A multi-agency, strengths-focussed, community-based assessment and support service for families with children aged 5-12.
• Aberlour Sustain Service: Offers support to families with children aged 5-12 experiencing a range of challenges, including poverty, isolation, mental health and wellbeing issues, self-esteem, and anxiety.
• Crisis Counselling: Works with children and young people aged 5-24 who need very specific response methods to permit them to relate their emotional and mental health difficulties in age-specific ways and enable them to develop coping strategies and support them through challenging situations.
• Therapeutic Services For Care-Experienced Children And Young People: Play therapy, music therapy, dance therapy and art therapy for children and young people aged 5-26. These approaches have proved successful in addressing significant trauma and have enabled young people to develop coping strategies, self-regulate and develop sustainable skills.
• Mental Health And Wellbeing Project Delivery Officers: ‘Your Resilience’ sessions for multiple youth groups and positive mental wellbeing sessions alongside youth workers, via the mobile youth centre, ensuring young people who are geographically isolated have access to supports and services.
• Penumbra Self-Harm Project: Supports primary schools to continue to embed the ‘My Body My Way’ resource, runs parent support groups and workshops on how to deal with self-harm, and provides therapeutic support for children and young people displaying self-harming behaviours. For those aged 10-24.
• Bespoke Mental Health And Wellbeing: Delivering bespoke co-produced intervention with families who are currently under either voluntary or statutory measures with social work or the children and families team.

In Inverclyde, the following supports and services for children and young people are delivered through the funding:

• Inverclyde Emotional Wellbeing Triage Team: An inter-agency team of children and young people’s mental health services. Children, young people and families only tell their story once as the referral is handled by professionals on their behalf.
• Action For Children Wellbeing Service: This is a preventative mental health service aimed at P7 pupils at risk of non-attendance due to anxiety-based issues through transition to secondary education.
• Barnardo’s Wellbeing Support Worker Service: This service works with children and young people with additional support needs and their families to build parental capacity in response to the child’s developmental, social, and emotional needs.
• Cygnets Programme: This programme is aimed at parents and carers who are supporting children and young people experiencing difficulties due to autism spectrum condition.
• Children And Young People’s Participation Service: Workshops are being piloted in education establishments to gain the views of children and young people who have completed or are undergoing work with mental health and wellbeing services.

It is not possible for us to break down the amount spent on each of the above supports and services as local authorities are not required to provide us with this information under the terms of the grant.

In the first year of the Communities Mental Health and Wellbeing Fund for adults in 2021-2022, we funded 38 projects supporting adults living in North Ayrshire and 20 projects supporting adults living in Inverclyde.

In North Ayrshire these were:

Scotland’s Redress Scheme is committed to providing a swifter and less adversarial option than court action for survivors of abuse in care. We are aware that, for some applicants, the process is taking longer than they have expected, and officials are working to ensure opportunities for improving the service are identified and acted upon.

Recent improvements include the recruitment of additional case workers. There are currently 17 case workers in post, and by the middle of November 2022 this will rise to 23.

It is not possible to give an average or target time from receipt of an application through to issuing of a redress payment and apology. Applications progress at differing rates depending on how complete they are when submitted, the availability of information, evidence and records, and the extent of verification checks required. Priority is given to applicants with a terminal illness and those over 68 years of age.

On 26 October 2022 16 case workers were employed, working to 15.4 full time equivalent (FTE).

From the 14 November 2022, 23 case workers are expected to be in post, with a FTE of 22.2.

Measures to combat crimes of this nature are an operational matter for Police Scotland.

Since 2012-13, crimes of dishonesty, which includes theft of a motor vehicle, theft from a motor vehicle and a number of other kinds of theft and dishonesty have reduced by 32%. However, that should not detract from the seriousness of these incidents when they do occur.

Supporting Police Scotland to keep our communities safe remains a priority for the Scottish Government. Policing services have been maintained and improved and we have invested over £10 billion in policing since the creation of the single service in 2013.

We will continue supporting the vital work of Police Scotland in delivering effective and responsive policing across Scotland.

The Scottish Government hopes to be able to announce the successful bids jointly with the UK Government soon.

In Scotland, the Scottish Medicines Consortium (SMC) appraises the clinical and cost-effectiveness of newly-licensed medicines. Following a full submission for zanubrutinib (Brukinsa ® ) as monotherapy for the treatment of adult patients with Waldenström’s macroglobulinaemia (WM) who have received at least one prior therapy, or in first line treatment for patients unsuitable for chemo-immunotherapy, the SMC issued ‘not recommended’ advice for routine use of this medicine in NHS Scotland on 12 September 2022. The advice detailed that a comparable drug is currently available for this indication, and the company did not present a sufficiently robust economic analysis to gain acceptance by the SMC.

However, the SMC has received a fast track resubmission which was reviewed at the SMC’s Committee meeting on 4 October 2022, and its advice will be published on 7 November 2022. In the meantime, you can access a summary of the current status of this resubmission on the SMC’s website here .

There are alternative routes of access available for a medicine that is not recommended by the SMC. A doctor can request access to licensed medicines for a patient on an individual ‘case-by-case’ basis through the Peer Approved Clinical System (PACS) Tier Two process, where a doctor considers there would be a clinical benefit for a patient.

The decision on whether to prescribe a medicine for a patient, and which medicine to prescribe, is entirely one for the clinician in charge of a patient’s care to make, having taken into account the patient’s clinical condition and the safety of the patient.

Since the Level of Service Case Management Inventory (LS/CMI) IT errors were identified three forms of review have been underway:

• Open cases review
• Risk Management Authority review
• IT review

Letters have been submitted to the Criminal Justice Committee on 3 March 2022, 12 May 2022, 28 June 2022, and 27 September 2022, providing updates on these three review elements.

The Risk Management Authority review is not looking at “failed assessments”. They are exploring impact from the known system error in relation to risk and scoring. Part of that review is an assessment of possible material impact, as it is a feature of risk assessment that much more than one IT system output goes into the risk assessment process.

With the caveat that the review work has to be led by what is found at each phase, it is currently anticipated that phase 3 of this work will conclude in November 2022 and report thereafter.