Chamber and committees

Complaints raised under the Social Work (Scotland) Act 1968 are to be handled by local authorities in accordance with the Local Authorities Complaints Procedures Directions (SWSG 5/1996), which are published on the Scottish Government website: http://www.gov.scot/Resource/Doc/1035/0017124.pdf

From 1st April 2017, following the passage of the Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016, complaints under the Social Work (Scotland) Act will be subject to a revised procedure, with stage 3 of complaints proceeding direct to the Scottish Public Services Ombudsman (SPSO). The Ombudsman's role has been enhanced to allow him to consider the merits of decisions made by local authorities in relation to social work services.

The SPSO will publish model complaints handling procedures in advance of April 2017. These are likely to specify a timebar for complaints about social work services similar to that in place for local authorities: the complaint must be raised within six months of the person becoming aware of the issue.

The act places duties on local authorities to offer individuals a range of options for how their social care services are delivered and to ensure that individuals are given the relevant support and information to allow them to make informed choices.

The Self-directed Support Act gives individuals the right to request an assessment at any time and review their care plan. At this stage, if the individual is assessed as eligible for funded social care support they should be offered a choice of the four options. If this does not happen an individual, family or carers should contact their social work department in the first instance then follow the local authorities complaints procedure.

If a complaint is not resolved through the local authority complaints procedure, a complaint can be made to the Scottish Public Services Ombudsman.

In October 2014 the Scottish Government tasked the National Prisoner Healthcare Network (NPHN) to consider the health needs and services required by people with brain injury who are involved in the criminal justice system. The NPHN's workstream on brain injury and offending reported in March 2016. The Scottish Government welcomes this report and we look forward to examining how the recommendations can be taken forward by NHS health boards in due course.The Scottish Prison Service and NHS boards have jointly funded a study to identify the prevalence of head injury in prisoners in Scotland, and a second study is to be undertaken later this year, in prison and police custody sites, to investigate the usefulness of two screening tools to identify individuals with brain injury.The provision of healthcare services, including in custodial and other criminal justice settings, are the responsibility of local NHS boards, taking into account national guidance, local service needs, and priorities for investment.

I refer the member to the answer to question S5W-01617 on 18 August 2016. In addition, the Scottish Government provides local authorities with the National Guidance for Child Protection in Scotland to support practitioners when a child protection concern has been identified. The national circumstances raised by the member. The guidance stresses that decisions relating to children should be placed firmly in the context of Getting it Right for Every Child, and that the GIRFEC approach means that the risks and needs of individual children should be understood in terms of the child’s wellbeing.

The Scottish Government has put together a working group of stakeholders in order to create national guidance on contact for children who are looked after away from home. This contact can be with the child’s parents, siblings or other family members or important people in the child’s life. Representatives from local authorities are a part of this group to ensure key aspects such as the assessment and planning for contact arrangements are clearly outlined. Within the guidance we intend to include a general reminder to practitioners to be aware of the impact of domestic abuse between parents, in addition to physical, sexual and emotional abuse – as well as neglect – has on the child and that this must inform the arrangements for contact.

The guidance is now at an advanced stage with the intention to publish this in autumn 2016.

All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

http://www.parliament.scot/parliamentarybusiness/28877.aspx

The paramount consideration in any recommendation or decision about a contact arrangement is the need to safeguard and promote the welfare of the child. Where children are looked after by the local authority away from their parents’ care, local authority social work practitioners must make recommendations on what level of contact (if any) is appropriate and if there is a need for contact to be supervised.

In cases involving children, the Scottish Government considers that the key issue is the welfare and wellbeing of the child. Where possible, the views of the child should be taken into account. When there is a dispute about whether or not a separated parent should have contact with their children, an application can be made to the courts to determine the matter. The relevant legislation is section 11 of the Children (Scotland) Act 1995. Section 11 provides that in considering whether or not to make an order, the court shall regard the welfare of the child concerned as its paramount consideration. Section 11 also makes provision on the voice of the child being heard so far as practicable, taking account of the child’s age and maturity. Section 11 was amended by the Family Law (Scotland) Act 2006 to make it clear that when carrying out its duties under section 11, the court must have regard to the need to protect the child from abuse or the risk of any abuse which affects or might affect the child. 'Abuse' is defined widely, and includes abuse of a person other than the child.

The Scottish Government notes the recommendations of the National Prisoner Healthcare Network report, ‘Brain Injury and Offending’. NHS Boards are responsible for the provision of healthcare in prisons, in line with national guidance, local service needs and priorities for investment.

The Scottish Government is committed to reviewing the Children (Scotland) Act 1995 to ensure the interests of children and their need to form and maintain relationships with key adults in their lives, such as grandparents, are at the heart of any new statutory measures. In reviewing the 1995 Act, the Scottish Government will continue to ensure that the welfare of the child in these cases remains paramount. The Scottish Government is currently considering how best to carry out this review.

Under Part 1 of the Land Reform (Scotland) Act 2003, people have a right of access to most land and inland water in Scotland, so long as they act responsibly as detailed in the Scottish Outdoor Access Code.

With regard to sports or playing fields, the Act provides that access rights are not exercisable on:

grass sports pitches or playing fields whilst they are in use for their intended purpose;

golf greens, bowling greens, cricket squares, lawn tennis courts or other similar area on which grass is grown and prepared for a particular recreational purpose, whether or not in use;

sports pitches or playing fields with certain types of artificial surfaces, whether or not in use.

The Scottish Government does not have any plans to review Part 1 of the Land Reform (Scotland) Act 2003.