Seòmar agus comataidhean

I refer the Member to the answer to question S6W-26002 on 18 March 2024, which provides an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act) and refers to a recent section-by-section breakdown provided to Parliament of the 2020 Act’s commencement status.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/questions-and-answers .

The Scottish Government has accepted a recommendation in the recent ‘Hearings for Children’ report to commence section 3 of the 2020 Act, relating to the views of the child in proceedings under the Children’s Hearings (Scotland) Act 2011. We are taking forward relevant work in that regard and are considering whether further provisions could be commenced.

The Scottish Government will publish the findings from the second phase of the Local Governance Review’s community engagement process, Democracy Matters, in Summer 2024. Alongside this we will provide an update on our wider work with COSLA to conclude the review including the development of place specific, single authority, governance models. We will also set out the next steps in our work to deliver reforms that can further empower communities to take a greater role in local decision-making.

I refer the Member to the answer to question S6W-26002 on 18 March 2024, which provides an update on implementation of the Children (Scotland) Act 2020. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: https://www.parliament.scot/chamber-and-committees/questions-and-answers .

On child contact centres, the Scottish Government is preparing Scottish Statutory Instruments on the regulation of these services. We hope to be in a position to lay these SSIs before Parliament later this year.

The Scottish Government continues to engage regularly with key stakeholders regarding implementation of the Children (Scotland) Act 2020 (the 2020 Act). We are currently prioritising work across the Scottish Government in light of increased budget pressures.

There has been detailed discussions with the Care Inspectorate on child contact services regulation, with a view to the Care Inspectorate taking on the role of independent regulator.

We plan to establish a short-life working group later this year with key stakeholders on child welfare reporters, which will inform the development of policy around the new register under the 2020 Act.

There has also been engagement with stakeholders in relation to special measures for vulnerable witnesses and parties. Part 3 of the Victims, Witnesses, and Justice Reform (Scotland) Bill, if enacted, will extend provisions in the 2020 Act, relating to certain family cases, to civil cases more generally.

We have implemented extensive reforms to streamline and improve the planning system to support our economy and give greater certainty to developers and investors. Our reforms include removing certain applications from the system, increasing capacity to focus on applications where most value can be added; extending the review cycle of Local Development Plans to allow planning authorities to focus on delivery; and appointing Scotland’s first National Planning Improvement Champion to work with all those involved to support improvement within the service.

We recognise there is scope to improve on current planning timescales with the most recent annual data for the 2022-23 period showing that the average timescale for major developments is 39.5 weeks, and local (non householder) development is 14.4 weeks. It is important to note that there can be many reasons for delays in determining applications, including requests for and submission of additional information, delays with responses from consultees and the requirement for a legal agreement. However, constructive and collaborative working between applicants and authorities means that consistently over 93% of applications are approved annually.

Our current consultation "Investing in Planning - a consultation on resourcing Scotland's planning system" aims to further support improvement in the delivery of planning services, including streamlining the assessments required to support applications, project managing applications, improving engagement and taking a proactive approach to development and consenting.

I met with the Chair and Chief Executive/National Convener of Children’s Hearings Scotland (CHS) on March 21, 2024 and discussed a range of issues relating to the operation of the tribunal element of the children’s hearings system, including matters related to the functions of the National Convener namely children’s panel capacity and CHS plans for the retention, recruitment and training of children’s panel volunteers.

These questions are within the statutory domain of the National Convener. The detailed arrangements are operated by Children’s Hearings Scotland in terms of their published complaints policy. Scottish Ministers have no locus, and it is open to the Member to raise these matters with the body directly.

The Public Interest Disclosure Act 1998 offers legal protections to workers. Workers are defined in the Act where they have a contract or other arrangement to do work or services personally for a reward; their reward is for money or a benefit in kind, for example the promise of a contract or future work; they only have a limited right to send someone else to do the work (subcontract); their employer has to have work for them to do as long as the contract or arrangement lasts; they are not doing the work as part of their own limited company in an arrangement where the ‘employer’ is a customer or client.

Panel members within Scotland’s children’s hearings system are volunteers. The inclusion of volunteers within the Act is a matter for the UK government. By virtue of Schedule 2 Children's Hearings (Scotland) Act 2011 the Panel members are appointed by the National Convener rather than Scottish Ministers.

Ministers and Scottish Government officials have clearly and comprehensively explained the Scottish Government’s position in relation to the matters raised by the group of former panel members and their representatives on numerous occasions dating back several years.

Scottish Ministers are satisfied that there are appropriate safeguards and procedures in place for any panel member to raise a concern or complaint via the Children’s Hearing Scotland (CHS) complaints procedure, with appropriate recourse to appeal to the Scottish Public Services Ombudsman. As such, Scottish Ministers do not feel it is appropriate to raise this subject with the UK Government

None of the concerns or grievances raised by this group in respect of their own experiences within the children's hearings system justify a wider review of the well-established and highly-regarded multidisciplinary children's hearings system. More broadly, and working with system partners and with people bringing lived experience of children’s care and justice, the Scottish Government is currently engaged in redesigning the children’s hearings system. This work follows publication of the independent ‘Hearings for Children’ report in May 2023. The Scottish Government published its own response to those recommendations in December. A redesign board was established in January to progress non-legislative improvements to the system. For those improvements that require new legislation, a full public consultation on proposed reforms will take place in summer 2024.

I refer the member to the answer to question S6W-27466 on 21 May 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .