- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Thursday, 18 August 2016
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Current Status:
Answered by Aileen Campbell on 13 September 2016
To ask the Scottish Government how many staff each alcohol and drug partnership has employed in each year since 2011-12.
Answer
The information requested is not held centrally by the Scottish Government. This is a matter for the NHS boards and the individual Alcohol and Drug Partnerships.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Wednesday, 07 September 2016
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Current Status:
Taken in the Chamber on 14 September 2016
To ask the Scottish Government what action it will take to protect greenbelt land from developers in order to achieve Outcome 3 of the 2020 challenge for Scotland’s biodiversity.
Answer
Taken in the Chamber on 14 September 2016
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Thursday, 11 August 2016
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Current Status:
Answered by Aileen Campbell on 7 September 2016
To ask the Scottish Government what penalties can be applied to a residential care service provider when an older person is injured because of a lack of adequate protection, and under what legislation.
Answer
All care home residents are entitled to receive high-quality care, support and protection from harm in a safe and secure setting. The penalties which can be placed on a care service provider who fails to provide adequate protection for people in their care include the Care Inspectorate issuing an improvement notice or taking action to cancel registration under Part five of the Public Services Reform (Scotland) Act 2010. Section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 includes an offence which applies where a person with a mental health disorder (including dementia) is ill-treated or wilfully neglected in the course of provision of their care. The current maximum penalty for this offence on indictment is two years' imprisonment.
This is being extended to five years under the Health (Tobacco, Nicotine etc and Care) (Scotland) Act 2016. Part three of this Act will further protect vulnerable people across our communities through the establishment of offences relating to the ill-treatment or wilful neglect of adults receiving health care or social care. There are two main offences which come into force in April 2017: an offence that applies to care workers, and an offence that applies to care providers. The Act provides penalties which are at an appropriate level proportionate with the breach of trust in such crimes.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Tuesday, 23 August 2016
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Current Status:
Answered by Annabelle Ewing on 6 September 2016
To ask the Scottish Government, further to the answer to question S5W-01618 by Annabelle Ewing on 18 August 2016, whether it will respond to the specific issue raised in relation to children living with one parent, rather than looked-after children.
Answer
The relevant legislation makes it clear that the child must be at the centre of these cases. Section 11 of the Children (Scotland) Act 1995, on court orders relating to parental responsibilities etc, provides that in considering whether or not to make an order and what order to make, the court shall regard the welfare of the child concerned as its paramount consideration. Section 11 also provides that the court shall not make any such order unless it considers that it would be better for the child that the order be made than that none should be made at all. Section 11 also makes provision on hearing the voice of the child in these cases. In relation to practicalities, the Relationships Scotland network provides contact centres. The Relationships Scotland website contains information on supported contact, where the contact centre is a venue, and supervised contact, where a trained member of staff observes and supervises the contact between the child and the non-resident parent to ensure the safety of those involved.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 05 September 2016
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Current Status:
Taken in the Chamber on 8 September 2016
To ask the First Minister for what reason more than a quarter of training places in GP surgeries were not filled at the end of the 2016 recruitment round.
Answer
Taken in the Chamber on 8 September 2016
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Thursday, 11 August 2016
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Current Status:
Answered by Aileen Campbell on 1 September 2016
To ask the Scottish Government what action a complainer can take under the Social Work (Scotland) Act 1968 if an older person sustains an injury because a local authority has failed to provide suitable and adequate residential accommodation.
Answer
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:
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.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Thursday, 11 August 2016
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Current Status:
Answered by Aileen Campbell on 1 September 2016
To ask the Scottish Government what action a complainer can take under the Social Care (Self-directed Support) (Scotland) Act 2013 if a local authority fails to offer self-directed support options.
Answer
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.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Thursday, 28 July 2016
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Current Status:
Answered by Michael Matheson on 25 August 2016
To ask the Scottish Government what steps it is taking to reduce offending by people with acquired brain injury.
Answer
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.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Friday, 22 July 2016
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Current Status:
Answered by Mark McDonald on 19 August 2016
To ask the Scottish Government whether it plans to introduce changes to the guidance that it provides to local authorities regarding the rights of access to children after parental separation (a) generally and (b) after incidences of abuse.
Answer
I refer the member to the answer to question S5W-01619 on 19 August 2016. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Friday, 22 July 2016
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Current Status:
Answered by Mark McDonald on 19 August 2016
To ask the Scottish Government what guidance it provides to local authorities regarding the right of access to children in cases when physical and/or sexual violence took place at home before the parents separated.
Answer
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:
