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Scottish Community Development Centre submission of 1 December 2021

PE1902/B - To allow an appeal process for Community Participation Requests

As part of our broader work programme on participation requests, funded by the Scottish Government, Scottish Community Development Centre (SCDC) is currently exploring a potential model for an appeals mechanism for participation requests.

The work follows on from February’s Scottish Parliament Local Government and Communities review of participation requests and asset transfer, which recommended the introduction of an appeals mechanism for participation requests. In addition, the Scottish Government-commissioned evaluation of parts 3 and 5 of the Act identified an appetite in communities for considering appeals. The need for an appeals mechanism has been a common theme to emerge in our own support, training and learning in relation to participation requests.

To take forward our work on looking at how an appeals mechanism could work, a working group will be formed consisting of a range of people and organisations with experience of, and an interest in, participation requests. Invitations to express interest in the group will be sent via a wide range of networks, and particular effort will be made to include groups from communities with protected characteristics under the Equality Act 2010, as well as communities experiencing poverty and inequality.

The group will explore different potential models for an appeals mechanism. Ideas from the group will also be put out to further consultation with a wider range of people. The invite for expressions of interest is now being publicised, with the work due to be carried out from January until April 2022.

Background to the work

Since consultation began on Community Empowerment (Scotland) Act (then Bill) was proposed in 2012, SCDC has been a key resource for both community groups and public bodies seeking to shape, understand and make use of participation requests. Since 2012, the Scottish Government has commissioned SCDC to carry out the following work.

• Facilitating consultation around the development of the Act with a wide range of stakeholders across Scotland.
• Contributing to the development of the Scottish Government’s statutory guidance on participation requests.
• Forming, facilitating and supporting a working group to develop summary guidance on participation requests.
• Delivering regular workshops to communities, public bodies and a range of other stakeholders on participation requests.
• Learning and sharing how participation requests are being used, and what can be done to support marginalised and disadvantaged communities to take advantage of the legislation.
• Developing a range of accessible resources to support participation requests, with a particular focus on increasing the use of participation requests by marginalised and disadvantaged communities. This year SCDC will launch a new participation request resource pack and will be testing our tools and approaches with public bodies and community organisations in sites around Scotland.
• Providing advice and guidance on participation requests to community groups and public bodies. Our support has led to successful participation requests being made and outcomes being improved as a result in some instances.

For more information on SCDC’s work on participation requests, including our programme of work this year, please see https://www.scdc.org.uk/news/article/2021/11/19/pushing-participation-forward-scdcs-work-around-participation-requests