- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Friday, 08 March 2024
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Current Status:
Answered by Maree Todd on 22 March 2024
To ask the Scottish Government what the (a) maximum, (b) minimum and (c) average cost was for a person to renew a guardianship order in the last five financial years.
Answer
The Scottish Government does not have access to specific data regarding the maximum, minimum, or average costs for individuals renewing a guardianship order over the past five financial years.
The costs associated with renewing a guardianship order can vary significantly depending on various factors such as the complexity of the case, the involvement of legal and medical professionals, and the specific needs of the individual in question.
While we can identify certain standard fees like the £138 Court lodging fee and £95 Office of the Public Guardian (OPG) fee, additional expenses such as medical assessments and legal representation can fluctuate based on individual circumstances and preferences.
Non-means-tested legal aid is available in certain cases.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Jenni Minto on 13 March 2024
To ask the Scottish Government how many mesh removal procedures in total have been carried out in Glasgow through referral to the National Complex Mesh Surgical Service since the centre was established, and how many of these procedures are considered to have been (a) successful and (b) unsuccessful.
Answer
The National Complex Mesh Surgical Service assesses patient needs and, where appropriate and subject to shared decision making and informed consent, performs mesh removal surgery. To date, 135 mesh removal procedures have been undertaken by the Service. Many women make the choice following assessment and discussion with the specialist team to follow a conservative pathway of care and do not undergo surgery.
The needs of patients and their goals may differ and therefore their definition of success will vary too. The removal of mesh is often only part of the treatment journey, with further reconstructive surgery depending on clinical need taking place at a later date. Patients may also have other needs which require to be addressed by other members of the clinical team.
The service is required to comply with normal clinical governance mechanisms in place within NHSGGC to provide an assurance that the service being delivered is safe and of an appropriate quality.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Jenni Minto on 13 March 2024
To ask the Scottish Government what its position is on whether the 21 recommendations set out in the Transvaginal Mesh Case Record Review by Professor Alison Britton are now fully embedded within healthcare services in Scotland.
Answer
The report of the Transvaginal Mesh Case Record Review underlined what was already an important agenda for the Scottish Government: to improve care and services for women who are experiencing complications as a result of a transvaginal mesh; and, to ensure that the NHS continually reinforces good practice in confirming and recording patient consent and the treatment offered to patients. Progress continues in a range of connected activities relevant to Professor Brittons’ recommendations.
The recommendations made align with the practice that is embedded in the operation of the Complex Mesh Surgical Service, and through NHS Scotland more generally. We continue to work with NHS colleagues to ensure that women can access the care that they need, are fully supported by their GP and other clinicians, and have access to information they need to make informed decisions about their care.
The Chief Medical Officer wrote to Health Board Medical Directors on 10 October to draw their attention to the report of the Review and to the failings it identified, and to require them to seek assurance through local clinical governance committees that measures are in place locally to prevent a recurrence of the failings identified, and to assure the quality of processes connected to patient consent and record keeping. With regards to more recent patient records she reviewed, Professor Britton herself noted she was encouraged by the improvement in practice, with increasingly robust consent processes in place.
Work continues in other areas including enhancing information available to patients, credentialing of clinicians in mesh removal and improved data gathering.
The Scottish Government therefore considers that it is taking appropriate action to embed the report’s recommendations with regards to healthcare services in Scotland.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Jenni Minto on 11 March 2024
To ask the Scottish Government, further to the answer to question S6W-11632 by Humza Yousaf on 14 November 2022, what recording procedures are in place to ensure that, after referral to the specialist mesh service in Glasgow, all women are informed of the options to seek treatment at an NHS England specialist centre, the Spire Hospital in Bristol, or with Dr Veronikis in the USA, in circumstances when it is agreed that surgery is appropriate.
Answer
Once there is agreement between the patient and her clinicians that removal surgery is the best course of treatment, the decision on where that treatment is carried out, whether it is by the NHS or an independent provider, rests with the patient.
Both NHS Greater Glasgow and NHS National Services Scotland, National Services Division will provide information and assistance to women in whom surgery is being recommended as part of their treatment plan and where they wish to explore alternative options. It is made clear that women can choose to have surgery elsewhere and there is information provided, both online and in hard-copy, about choosing mesh removal surgery with one of the independent surgeons.
It is normal practice to record the content and outcome of any discussion taking place within the contemporaneous, confidential patient record. This includes a note of which leaflets have been provided as part of these discussions.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 14 February 2024
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Current Status:
Answered by Jenni Minto on 11 March 2024
To ask the Scottish Government whether the entirety of the £1 million mesh fund was needed to deliver the one-off, £1,000 financial support awards to mesh survivors, and if this is not the case, whether it will set out how much of the allocated budget was required to make payments to all successful applicants.
Answer
£648,000.
At the time of its announcement we indicated that the Mesh Fund would have an upper ceiling of £1 million, we have therefore ensured that the remainder of those funds have been invested in other mesh-related initiatives, including the Reimbursement Scheme, in line with calls made in the mesh campaigners’ Charter.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 29 February 2024
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Current Status:
Answered by Siobhian Brown on 11 March 2024
To ask the Scottish Government, in light of Part H of its publication, Control of Dogs (Scotland) Act 2010: guidance - updated, published on 23 December 2020, in particular the paragraph titled "Local Authority bye-laws", what its position is on the possible introduction by local authorities of bye-laws to ban XL Bully-type dogs from public places, such as parks and open spaces, including when the dog is muzzled, on a lead and has not been allowed to stray, and whether it plans to publish guidance for local authorities on the introduction of any such bye-laws.
Answer
Under powers contained in the Local Government (Scotland) Act 1973, it is for local authorities to consider byelaws as provided for in section 201 of that Act. The Act provides that local authorities ‘… may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.’ It is entirely a matter for local authorities to consider whether to make byelaws with confirmation of any byelaws a matter for Scottish Ministers.
The Scottish Government is happy to engage with any local authority who wished to consider making any byelaws under the section 201 powers including where such byelaws may relate to XL Bully dogs in public places.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 14 February 2024
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Current Status:
Answered by Jenni Minto on 29 February 2024
To ask the Scottish Government whether it plans to review the recommendations outlined in The Hughes Report: Options for redress for those harmed by valproate and pelvic mesh, by the Patient Safety Commissioner for England, Dr Henrietta Hughes OBE; what consideration it has given to delivering an initial £20,000 financial redress payment for mesh injured women in Scotland in 2024-25, and whether there is any potential for further compensation.
Answer
I refer the member to the answer to question S6O-03094 on 21 February 2024. Answers to Oral parliamentary questions are available on the Parliament's website, Meeting of the Parliament: 21/02/2024 | Scottish Parliament Website .
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 14 February 2024
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Current Status:
Answered by Jenni Minto on 29 February 2024
To ask the Scottish Government how much public money has been spent to reimburse the costs associated with mesh injured women experiencing private mesh removal surgery in the period since the Transvaginal Mesh Removal Reimbursement Scheme opened for applications.
Answer
As at 15 February 2024, £481,423.63 had been paid to applicants. Administration costs to the same date are approximately £120,000.
The original scheme closure date was specified in the Scheme documentation and announced at the time of the Scheme’s opening as 6 December 2023. This date was then extended to 31 March 2024. The Government therefore urges any woman who wishes to apply, but has not yet done so, to ensure that an application is sent prior to this date.
The closure of the Reimbursement Scheme to applications has no effect on the arrangements that NHS National Services Scotland has entered into with both Spire Hospital, Bristol, and Dr Veronikis in the USA. In any situation where it is determined that removal surgery is clinically appropriate, the patient will remain able to choose, via the official NHS referral process, to have that surgery carried out in the Complex Mesh Surgical Service in Glasgow, in an NHS England centre, or by one of the two contracted independent providers.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 08 February 2024
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Current Status:
Answered by Siobhian Brown on 26 February 2024
To ask the Scottish Government what its position is on whether £5,000 remains the appropriate maximum monetary value for a simple procedure claim, and what assessment it has made of the merits of considering an increase in the maximum claim value to £10,000.
Answer
The overall policy intention behind simple procedure is to provide a quicker, less formal, and more accessible route to justice for individuals involved in low-value civil disputes. It is therefore suitable for party litigants to raise or defend an action and conduct their cases to a conclusion themselves.
While the current monetary limit is £5,000, there are provisions for flexibility and case-specific considerations within the simple procedure framework. Even if the sum sought exceeds the monetary limit for simple procedure cases parties can agree to transfer a case to the Simple Procedure. In such cases, there is no obligation to lower the sum sought to meet the £5000 limit.
The Scottish Government considers the average value of simple procedure claims does not support an immediate need to increase the £5000 limit. We remain of the view that the current limit and flexibility within the simple procedure framework strikes the right balance between providing an accessible and cost-effective legal avenue while ensuring fairness and proportionality in resolving disputes.
The Government will continue to keep the monetary limit for simple procedure under review.
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 08 February 2024
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Current Status:
Answered by Siobhian Brown on 23 February 2024
To ask the Scottish Government how many simple procedure claims were submitted in each financial year from 2019-20 to 2023-24 to date; of those, how many claims were (a) successful and (b) unsuccessful, and what the average monetary value was of successful claims in each financial year.
Answer
Simple procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes. A claim is made in the sheriff court with the final decision in a claim made by a sheriff or a summary sheriff. Claimants do not need to use a solicitor to use the simple procedure, but they can do so if they wish.
The following table provides the number of simple procedure claims, and breaks the disposals between those which were successful and unsuccessful. It then gives the average monetary value of the successful claims for each financial year where data is available.
Financial Year | Claims submitted | Successful claims | Unsuccessful claims | Average value for successful claims (£) |
2019-20 | 32,344 | 16,841 | 11,409 | 1,578.98 |
2020-21 | 18,350 | 12,585 | 7,708 | 1,711.23 |
2021-22 | 23,273 | 14,580 | 8,604 | 1,622.79 |
Notes
1. Figures for claims submitted and those disposed of do not necessarily refer to the same cases. Claims submitted in one financial year could be processed in the following year.