Chamber and committees

As a result of the easing of the COVID restrictions the ScotRail timetable changed on 17 May adding over 400 extra trains across the Scottish network including two additional Glasgow to Dumfries services in each direction.

The Scottish Government is supporting Scotland’s Towns Partnership to set up a national platform for a Scotland Loves Local loyalty card scheme. The scheme is a quick and efficient way to encourage local spend, support local business and build wealth in the local economy, helping communities be more resilient, sustainable and economically secure.

The discretionary power to align with European Union legislation provided through the UK Withdrawal from the EU (Continuity) (Scotland) Act 2021 entered into force on 29 March 2021. Ministers have not yet used this provision, but will do so where appropriate to maintain and advance the high standards Scotland has enjoyed as part of the EU, including but not limited to the areas of environmental protection, animal health and welfare, plant health, equality, non-discrimination and human rights, and social protection.

Physical distancing has been an important element in controlling the spread of COVID which is key to keeping our economy open and moving forward to recovery from the impacts of the virus.

Much work has been undertaken by operators in order to safely maximise capacity on ferries. The exemption from 10 July 2020 to allow 1 metre distancing on ferries, with appropriate risk mitigations, significantly increased passenger capacity, and continues to ensure that ferry services can fully support the reopening of the tourism sector that is so essential for the sustainability of island and rural economies, as well as enabling islanders to travel to the mainland.

The Scottish Government is reviewing physical distancing including its impact on Transport, and an announcement of the outcome of this review is due ahead of the planned move to Level 1 on 7 June. Sectoral guidance will be further updated at that time to reflect the outcome of the review. Physical distancing has been an important tool for controlling the virus but, as with all restrictions, we will only have this in place as long as is necessary.

The fact that Scotland’s own supply is secure, and its abundant generation of electricity via wind means that Scotland has long been a net exporter of electricity with Net Exports to England and Wales being 10,036 GWh in 2006 and 19,050 GWh in 2020. This is thanks to the record renewable generation so far in 2020, as recorded by the Scottish Energy Statistics Hub . The forecasts from National Grid’s Electricity Ten Year Statement and recently published Network Options Assessment indicate that Scotland's export capacity will increase over the next decade.

As of 17 May 2021, the sum of £410,171.22 has been paid from the Tenant Hardship Loan Fund. The total value of successful applications is £472,404.72, with the remaining funds in the process of being paid. This is part of a range of measures to support tenants.

Restrictions on care home visiting have been challenging during the pandemic for residents, their families and staff.

On 20 February, the then Cabinet Secretary for Health and Sport announced the publication of new guidance setting out an expectation that providers put in place arrangements to enable regular visits to resume from early March, having undertaken necessary planning and risk assessment. This guidance, ‘Open with Care: resuming meaningful contact with care home residents’ was published on 24 February: Open with Care - supporting meaningful contact in care homes: guidance - gov.scot (www.gov.scot) .

In addition to its focus on the reintroduction of indoor meaningful contact, the guidance also recommends that outdoor visits, including garden and window visits, are supported by care homes. Outdoor visits should not be viewed as replacements to or substitutes for indoor visiting.

Outdoor visits (including window visits) can take place either within or outside the care home grounds. Care homes can increase the frequency and duration of visits away from the care home as they assess it is safe to do so, taking advice from local oversight arrangements as necessary. Those meeting up with residents outdoors do not need to be the same two designated visitors as for indoor visits. As outlined in Section 5.1 of the Open with Care guidance, limits on group sizes should be in line with national Covid-19 restrictions for the general public.

On 17 May 2021, the Scottish Government published additional guidance on outings: ‘ Open with Care: activities and outings away from the care home ’ .

The general principle of the guidance is that, when a resident wishes to go on outings away from the care home, the presumption should be that these should take place in line with general population COVID-19 restrictions/ permissions relevant to the local area, unless there is clear evidence justifying a more restrictive approach.

Outings away from the care home will, for many, be a significant positive change. However, we must not become complacent. Outings must be carefully planned, taking account of individual needs, preferences and local conditions. Local oversight teams play a key role in supporting care homes to facilitate safe outings.

Support for essential visits is unaffected, which should always be compassionately and generously enabled by care homes when needed.

The Open With Care National Oversight Group is monitoring implementation of the guidance, identifying any additional support that might be required, and will report on progress in early June.

The Mental Welfare Commission (MWC) report did not take account of the testing status of patients discharged from hospital. During the early stages of the Covid-19 pandemic concerns were raised that people who were in hospital and lacked capacity may have been moved from hospital to care homes without full understanding of the legal requirements to ensure rights are upheld, and the move to care was lawful. This report details the findings of their investigation into these specific concerns.

The report concluded that some people had been moved without the appropriate legal authority, for example a Power of Attorney or Welfare Guardian. You can access the full report on the MWC website at https://www.mwcscot.org.uk/news/moves-hospitals-care-homes-during-pandemic-new-report-finds-wider-concerns-over-adherence-law .

The Scottish Government was first made aware that some people had been moved from hospital without the appropriate legal authority when we received the Mental Welfare Commissions draft report in April 2021.

Regarding the testing status of patients discharged to care homes, as stated in Parliament on 4 November 2020 by the then Cabinet Secretary for Health and Wellbeing, prior to the Sunday Post publishing their FOI, neither Scottish Ministers nor Government officials had information on the results of covid-19 tests prior to discharge, or where these patients were discharged. The Cabinet Secretary commissioned Public Health Scotland to carry out work to identify and report on discharges from NHS Hospitals to care homes during the first wave of the COVID-19 Pandemic. This report is available on the Public Health Scotland website at https://beta.isdscotland.org/find-publications-and-data/population-health/covid-19/discharges-from-nhsscotland-hospitals-to-care-homes/.

The Scottish Government did not seek any advice on whether the discharge of patients who had not been tested for COVID-19 or had tested positive from hospital to care homes was unlawful. Any decision on whether a patient is ready for discharge is a clinical one, made by the clinician in charge. Where someone is most appropriately cared for after discharge is based on a multi-disciplinary assessment involving the individual and their family carers. In cases where a patient lacks capacity, an appointed guardian or carer with power of attorney, will be involved. If somebody is discharged to a care home it is because that has been assessed as the best place to meet their needs.

In March 2020 the Scottish Government issued guidance which stated that prior to people being admitted to a care home whether from hospital or the community, clinical screening should be undertaken of patients alongside a risk assessment to ensure sufficient resources including appropriate isolation facilities are available within the care home to support social distancing and isolation. The guidance recommended all admissions to be isolated for 7 days and if known to have contact with COVID patients for 14 days. Both clinical decisions around discharge and risk assessments are undertaken locally by health and social care professionals. There is no involvement of Scottish Ministers.

On 21 April 2020 the then Health Secretary announced that all admissions to care homes from hospital should have a negative test for COVID-19 prior to admission to the home, regardless of symptoms unless it is in the clinical interests of the patient to be moved, and then only after a full risk assessment. Where a patient has tested positive for Covid two negative tests are required. This policy is reflected in both Scottish Government and Health Protection Scotland guidance for care homes.

On 28 October 2020 Public Health Scotland published analysis of discharges to care homes between 1 March and 31 May 2020. This report was subsequently updated on 21 April 2021 This report is available on the Public Health Scotland website at https://beta.isdscotland.org/find-publications-and-data/population-health/covid-19/discharges-from-nhsscotland-hospitals-to-care-homes/ .

As of 17 May 2021, there have been 145 tenants that have received a loan from the Tenant Hardship Loan Fund and there are a further 27 successful applications that are in the process of being paid. This is part of a range of measures to support tenants.