Agenda Document Pack - Social Work Resources Committee - 30/10/2024
South Lanarkshire Council · 30 October 2024
Back to Social Work Resources Committee — 30 October 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Tuesday, 22 October 2024 Dear Councillor Social Work Resources Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Wednesday, 30 October 2024 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Margaret B Walker (Chair), Kirsty Williams (Depute Chair), Joe Fagan (ex officio), Alex Allison, John Anderson, John Bradley, Walter Brogan, Robert Brown, Archie Buchanan, Mathew Buchanan, Janine Calikes, Maureen Devlin, Mary Donnelly, Allan Falconer, Elise Frame, Celine Handibode, Graeme Horne, Martin Hose, Eileen Logan, Hugh Macdonald, Catherine McClymont, Richard Nelson, Carol Nugent, John Ross, Graham Scott, David Watson Substitutes Maureen Chalmers, Margaret Cooper, Poppy Corbett, Margaret Cowie, Colin Dewar, Geri Gray, Susan Kerr, Ross Lambie, Richard Lockhart, Elaine McDougall, Mark McGeever, Davie McLachlan, Bert Thomson 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Social Work Resources Committee held on 21 August 2024 submitted for approval as a correct record. (Copy attached) 5 - 20 Monitoring Item(s) 3 Social Work Resources - Revenue Budget Monitoring 2024/2025 Joint report dated 1 October 2024 by the Executive Director (Finance and Corporate Resources) and the Director, Health and Social Care. (Copy attached) 21 - 28 4 Social Work Resources - Capital Budget Monitoring 2024/2025 Joint report dated 2 October 2024 by the Executive Director (Finance and Corporate Resources) and the Director, Health and Social Care. (Copy attached) 29 - 32 5 Social Work Resources – Workforce Monitoring – July to September 2024 Joint report dated 11 October 2024 by the Executive Director (Finance and Corporate Resources) and the Director, Health and Social Care. (Copy attached) 33 - 40 6 Update on the 2023/2024 Risk Register and Risk Control Plan Report dated 2 October 2024 by the Director, Health and Social Care. (Copy attached) 41 - 52 Item(s) for Decision 7 Section 27 Justice Social Work Funding - Creating Additional Capacity Joint report dated 20 September 2024 by the Director, Health and Social Care and the Executive Director (Finance and Corporate Resources). (Copy attached) 53 - 58 Item(s) for Noting 8 Sustaining Social Work Children and Families Services: Budget Recovery Update Joint report dated 11 October 2024 by the Director, Health and Social Care and the Executive Director (Finance and Corporate Resources). (Copy attached) 59 - 64 9 Section 11 Bail and Release from Custody Act 2024 - Provision for Emergency Release from Custody Report dated 10 October 2024 by the Director, Health and Social Care. (Copy attached) 65 - 74 10 Consultation on Children's Hearing Redesign - Response Report dated 11 October 2024 by the Director, Health and Social Care. (Copy attached) 75 - 98 2
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Urgent Business 11 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Elizabeth-Anne McGonigle Clerk Telephone: 07385 403101 Clerk Email: elizabeth-anne.mcgonigle@southlanarkshire.gov.uk 3
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SOCIAL WORK RESOURCES COMMITTEE Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 21 August 2024 Chair: Councillor Margaret B Walker Councillors Present: Councillor Alex Allison, Councillor John Anderson, Councillor Walter Brogan, Councillor Robert Brown, Councillor Archie Buchanan, Councillor Mathew Buchanan, Councillor Janine Calikes, Councillor Maureen Chalmers (substitute for Councillor John Bradley), Councillor Maureen Devlin, Councillor Mary Donnelly, Councillor Allan Falconer, Councillor Elise Frame, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Martin Hose, Councillor Eileen Logan, Councillor Hugh Macdonald, Councillor Catherine McClymont, Councillor Richard Nelson, Councillor Carol Nugent, Councillor John Ross, Councillor Graham Scott, Councillor David Watson, Councillor Kirsty Williams (Depute) Councillors' Apologies: Councillor John Bradley, Councillor Joe Fagan (ex officio) Attending: Education Resources E Corral, Senior Educational Psychologist Finance and Corporate Resources G Booth, Finance Manager (Resources); S McLeod, Administration Officer; E McPake, HR Business Manager; A Norris, Administration Assistant Health and Social Care/Social Work Resources S Sengupta, Director; I Beattie, Head of Health and Social Care (Hamilton and Clydesdale); C Cunningham, Head of Commissioning and Performance; A McCrea, Service Manager (Children and Justice); C Rae, Head of Health and Social Care (Rutherglen/Cambuslang and East Kilbride) 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Social Work Resources Committee held on 22 May 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Social Work Resources – Revenue Budget Monitoring 2023/2024 A joint report dated 23 July 2024 by the Executive Director (Finance and Corporate Resources) and Director, Health and Social Care was submitted comparing actual expenditure for the period 1 April 2023 to 31 March 2024 against budgeted expenditure for 2023/2024 for Social Work Resources and providing a forecast for the year to 31 March 2024. As at 31 March 2024, there was a breakeven position after proposed transfers to reserves, as detailed in Appendix A to the report. 2 5
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One-off funding, which totalled £9.2 million, had been made available to Children and Families Services in 2023/2024 to contribute towards the residual pressures of residential placements, fostering and kinship care, some of which was a legacy from the pandemic. During 2023/2024, £6.9 million had been used and the balance would be available for use in 2024/2025. The Resource was working towards managing the overall budget pressures in Children and Families into 2024/2025. The position for Adults and Older People Services was that of a breakeven position. The position included a £1.446 million commitment in relation to the element of budget which had been delegated to the Integration Joint Board (IJB). This was an increase of £0.174 million on the £1.272 million predicted at Probable Outturn. The underspend could be retained by the Council as it was an underspend on the Council’s contribution to the IJB. At the meeting of the Executive Committee on 26 June 2024, approval was given to the IJB retaining £1.446 million of this non-recurring, unplanned underspend within reserves which would be earmarked for future care costs. Detailed variance explanations and proposed budget virements were detailed in appendices B to E to the report. The Committee decided: (1) that the forecast to 31 March 2024 of a breakeven position after proposed transfers to reserves, as detailed in Appendix A of the report, be noted; and (2) that the proposed budget virements be approved. [Reference: Minutes of 22 May 2024 (Paragraph 3) and Minutes of the Executive Committee of 26 June 2024 (Paragraph 3)] 4 Social Work Resources – Revenue Budget Monitoring 2024/2025 A joint report dated 23 July 2024 by the Executive Director (Finance and Corporate Resources) and Director, Health and Social Care was submitted comparing actual expenditure for the period 1 April to 14 June 2024 against budgeted expenditure for 2024/2025 for Social Work Resources. As at 14 June 2024, there was a breakeven position against the phased budget. A Service analysis statement, which outlined key highlights by Service for the Resource, was provided in Appendix A to the report. Budget pressures were ongoing within Children and Families Services and a temporary budget realignment of £7.7 million from Adult and Older People Services, arising from the reduction in pension contributions, had been approved at the Council meeting on 21 February 2024 The Resource was working towards managing the remaining budget pressure in Children and Families Services in 2024/2025 and into 2025/2026. Virements were proposed to realign budgets, which were detailed in appendices B to E to the report. The Finance Manager (Strategy) responded to a member’s question in relation to monitoring progress on budget recovery throughout the year. The Committee decided: (1) that the breakeven position as at 14 June 2024 and the forecast to 31 March 2025 of a breakeven position, as detailed in Appendix A of the report, be noted; and 6
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(2) that the proposed budget virements be approved. [Reference: Minutes of South Lanarkshire Council of 21 February 2024 (Paragraph 2)] 5 Social Work Resources – Capital Budget Monitoring 2023/2024 A joint report dated 31 July 2024 by the Executive Director (Finance and Corporate Resources) and Director, Health and Social Care was submitted advising of progress on the Social Work Resources’ capital programme for 2023/2024 and summarising the expenditure position at 31 March 2024. The capital programme for Social Work Resources for 2023/2024 was £2.030 million. Total expenditure to 31 March 2024 was £2.348 million which reflected an increase in spend of £0.318 million. The additional spend of £0.318 million was mainly due to the timing of project spend on the Community Alarms project, with funding for the overall spend on this project already identified into next financial year. The Committee decided: that the Social Work Resources’ capital programme of £2.030 million, and expenditure for the year of £2.348 million, be noted. [Reference: Minutes of 22 May 2024 (Paragraph 4)] 6 Social Work Resources – Capital Budget Monitoring 2024/2025 A joint report dated 31 July 2024 by the Executive Director (Finance and Corporate Resources) and Director, Health and Social Care was submitted advising of progress on the Social Work Resources’ capital programme for 2024/2025 and summarising the expenditure position for the period 1 April to 14 June 2024. The revised Capital Programme for 2024/2025 amounted to £1.027 million and was based on the original programme of projects approved by the Council on 21 February 2024, updated to include the budget carried forward from 2023/2024. The forecast for the financial year, as detailed in Appendix A to the report, was £1.027 million. Actual expenditure as at 14 June 2024 was £0.027 million. The Committee decided: that the Social Work Resources’ capital programme of £1.027 million, and expenditure for the year of £0.027 million, be noted. [Reference: Minutes of South Lanarkshire Council of 21 February 2024 (Paragraph 4) and Minutes of the Executive Committee of 7 August 2024 (Paragraph 4)] 7 Social Work Resources – Workforce Monitoring – April to June 2024 A joint report dated 29 July 2024 by the Executive Director (Finance and Corporate Resources) and Director, Health and Social Care was submitted on the following employee information for Social Work Resources for the period April to June 2024:- attendance statistics occupational health statistics accident/incident statistics 7
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disciplinary hearings, grievances and Dignity at Work cases analysis of leavers and exit interviews Staffing Watch as at 11 June 2024 The HR Business Manager responded to a member’s questions on various aspects of the report. The Committee decided: that the report be noted. [Reference: Minutes of 22 May 2024 (Paragraph 5)] 8 Social Work Resources’ Risk Register - Update A report dated 10 July 2024 by the Director, Health and Social Care was submitted on risk management arrangements and the Risk Register for Social Work Resources. The Resource had followed Council guidance in developing, monitoring and updating its Risk Control Register on an ongoing basis. The scoring matrix and definitions for likelihood and impact were outlined in Appendix 1 to the report. This had resulted in risks being scored between 1 to 25 (low to very high). Risks were scored on their inherent risk (risk if nothing was done) and their residual risk (risk after applying controls). The top risks presented to the Committee at its meeting on 22 May 2024 had been reviewed and remained unchanged, together with the risk descriptors and controls, as detailed in Appendix 2 to the report. The format of the Resource’s Risk Register had also been reviewed and updated. Whilst those top risks were the primary focus of the Resource, there was a wider suite of areas that was subject to proportionate monitoring, mitigation and review, as detailed in Appendix 3 to the report. A number of those risks were wider organisational risks which required consideration and response across the Council. There was one change in score of an existing risk and that related to winter demand pressures, as detailed in paragraph 4.5 of the report. The residual score would increase from 3 (low) to 9 (high) as winter planning arrangements and protocols commenced. There would be greater potential for increased demand of services and service disruption across health and social care. Information was also provided on:- the Resource’s risk profile, which currently exceeded the ideal universal risk exposure levels the 13 partnerships identified within the Resource and the notable risks, which included financial challenges and workforce supply the risk management strategy and risk register for the Integration Joint Board (IJB) The Head of Commissioning and Performance responded to a member’s questions on various aspects of the report. The Committee decided: (1) that the report be noted; and (2) that the set of top risks for Social Work Resources be approved. [Reference: Minutes of 22 May 2024 (Paragraph 6)] 8
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9 Social Work Resource Plan: Quarter 4 Progress Report 2023/2024 A report dated 16 July 2024 by the Director, Health and Social Care was submitted on the Social Work Resource Plan Quarter 4 Progress Report 2023/2024 for the period 1 April 2023 to 31 March 2024. The Social Work Resource Plan 2023/2024 set out the objectives and actions to be managed and delivered by the Resource in the financial year 2023/2024. The Resource Plan measures were rated using a traffic light system of red, amber or green as well as blue (BRAG) which indicated that an action had been completed. Details were provided on:- progress made against all Resource Plan measures, as detailed in the Quarter 4 Progress Report 2023/2024, attached as Appendix 2 to the report key achievements made by the Resource to date, as detailed in paragraph 5.3 of the report areas for improvement and associated management actions, as detailed in paragraph 5.4 of the report On 16 May 2024, the Cabinet Secretary for Justice and Home Affairs delivered a statement to the Scottish Parliament that Scottish Prison Service prisoner population number levels were no longer manageable. Following approval by the Scottish Parliament, release arrangements were proposed to take place on 26 June 2024. An update on the emergency early release of prisoners was provided in section 6 of the report. Information was provided on:- the work that had been undertaken by South Lanarkshire Justice Social Work in response to the request from Social Work Scotland (SWS) that all local authorities should consider how they could assist in reducing the numbers of remand and short-term sentence cases the establishment of an Emergency Release from Custody Community Justice Services (CJS) Partnership Group aimed at working through the issues and risks. That work was now concluded, as detailed in paragraph 6.4 of the report a national lessons learned session, planned for 21 August 2024 work underway to identify potential ways of providing pan Lanarkshire Court Services with additional opportunities to reduce the need to place people on remand and short-term sentences Members:- requested further information on the impact the Single Assessment Framework was having on streamlining processes requested further information in relation to work undertaken on the early release of prisoners, specifically information around the numbers involved, the impact in terms of housing and support needs and more details on the multi-agency response Officers:- responded to members’ questions on various aspects of the report undertook, where information was not readily available, to provide this to relevant members The Director, Health and Social Care undertook to have a discussion with the Chair around whether a members’ session or a report to the Committee would be most appropriate in relation to providing a further update on the early release of prisoners and work undertaken by the Resource. 9
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The Committee decided: (1) that the Quarter 4 Progress report for 2023/2024, as detailed in Appendix 2 to the report, be noted; (2) that the key achievements made by the Resource to date, as detailed in paragraph 5.3 of the report, be noted; (3) that the areas for improvement and associated management actions, as detailed in paragraph 5.4 of the report, be noted; and (4) that, as an update to the briefing report on the Emergency Early Release of prisoners in July 2024, it be noted that the exercise had concluded, as detailed in section 6 of the report. [Reference: Minutes of 6 December 2023 (Paragraph 6)] 10 Sustaining Social Work Children And Families Services: Budget Recovery Update A joint report dated 9 July 2024 by the Executive Director (Finance and Corporate Resources) and the Director, Health and Social Care was submitted providing updates on the:- actions to address a projected £10.6 million cost pressure for Social Work Children and Families Services for 2024/2025 and beyond commissioning of a new Intensive Family Support Service (IFSS) to reduce the numbers of children currently in high-cost residential placements and reduce the reliance on future residential placements Transition to Independent Living Programme with the Big Lottery review of the Social Work Counselling Service and the out of hours Emergency Social Work Service review of contracts The Committee had been regularly updated on the impact of the increasing demand and cost pressures on the Children and Families revenue budget and the consequent overspend that had to be managed non-recurrently for several years since 2018/2019. In budget year 2023/2024, an additional £9.2 million was allocated to the actual budget of £39.7 million because of a funding gap to meet demand. As an interim solution, an approved temporary budget realignment of £7.7 million had been included in the 2024/2025 revenue budget from Adult and Older People Services, as detailed in paragraph 3.3 of the report. This temporary solution, combined with employee turnover and the budget recovery plan, should result in a breakeven position for 2024/2025. However, it was essential that the budget recovery plan was fully implemented by the end of 2024/2025 to ensure the financial balance was achieved in future years where there might not be any identified temporary budget solutions. Appendix 1 to the report provided details on the breakdown of the Children and Families budget for 2024/2025 and the projected pressures of £10.6 million that had continued into 2024/2025. The Sustainability and Value Option Appraisal Screening Scale, as detailed in section 4 of the report, had been used to support the identification of actions to enable Children and Families Services and Adult and Older People Services to be sustained within the allocated budget. Social Work Resources had been working with Finance and Corporate Resources to identify the next steps to support bringing spend in line with the allocated budget and that included:- 10
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commissioning a new IFSS to address high-cost residential placements and reduce reliance on future placements, as detailed in section 6 of the report the Transition to Independent Living Programme, in partnership with Barnardo’s, with a grant awarded over 2 years from The Big Lottery, as detailed in section 7 of the report a review of the Social Work Counselling Service, as fully detailed in section 8 of the report a review of emergency Social Work services, as detailed in section 9 of the report a review of all contracted services, as detailed in section 10 of the report The intervention offered by the Social Work Counselling Service was not a statutory function and the Council was currently the only local authority in Scotland which offered an in-house Counselling Service. Following consultation and feedback from service users and staff, it was recommended to end the provision of this type of intervention as an in-house service. It was proposed that the in-house Counselling Service be withdrawn over a 3 month period to allow for the appropriate onward referral of the 32 cases which were currently open. All cases allocated to the team would be reviewed and there would be a subsequent assessment to establish if further therapeutic intervention was required. If this was appropriate, alternative sources of support would be identified and all cases managed under the auspices of GIRFEC using the multi-agency Team Around the Child approach. Children would be encouraged to utilise advocacy services throughout this process to ensure their views were sought and reflected in the decision-making. As a consequence of ending the provision of the Social Work Counselling Service, the following posts would be deleted and the employees displaced and matched to suitable posts as part of the Council’s Switch2 arrangements:- 1 FTE post of Senior Childcare Officer on Grade 3, Level 8, SCP 79-80 (£60,360 to £61,275) 4 FTE posts of Counsellor on Grade 3, Level 4, SCP 72-74 (£54,873 to £56,045) The budget gap for 2024/2025 and thereafter was projected at £10.6 million. The full year impact of the budget recovery would be reported regularly to the Committee through the revenue budget reports. Further information on the financial savings associated with the options outlined was detailed in section 11 of the report. There followed a full discussion during which members:- requested assurance in relation to the withdrawal of the Counselling Service and requested further information with regards to the potential risk that the Council could incur higher costs should more specialist services be sought externally. Information was also sought on whether there would be a risk around waiting times increasing for other counselling services resulting from the withdrawal of the in-house service requested clarification on the budget saving per annum for the Counselling Service given that approximately £0.050 million, funded by the Mental Health and Wellbeing Fund, would need to be returned for future use requested assurance in relation to the commissioning of a new IFSS, specifically, if there would be individual service agreements in place and how would the service be monitored and reviewed sought further information on what the 24 hour, 7-day a week care offered by the IFSS would look like. Information was also requested on whether there would be an intersection between the IFSS and the emergency review of Social Work Services requested assurance that there would be no adverse impact around befriending given the COVEY befriending contract had been identified as out of contract Officers:- responded to members’ questions 11
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undertook, where information was not readily available, to provide this to relevant members The Committee decided: (1) that the contents of the report be noted; (2) that the update on the commissioning of an Intensive Family Support Service (IFSS) be noted; (3) that the Transition to Independent Living Programme be noted; (4) that the review of the Social Work Counselling Service be noted, and the recommendation to delete the posts identified at Table 1, paragraph 8.12, of the report, be approved; and (5) that the out of contract services, identified at paragraph 10.1 of the report be noted. [Reference: Minutes of 22 May 2024 (Paragraph 9)] 11 Children and Families: Locality Based Social Work Services Modernisation Programme and Quality Assurance and Governance Team Update A joint report dated 30 July 2024 by the Executive Director (Finance and Corporate Resources) and the Director, Health and Social Care was submitted providing updates on:- the progress and development in the redesign of Children and Family resources within Social Work the progress made in relation to recruitment and retention across localities with Senior Practitioners and Qualified Social Worker (QSW) posts the next stage of redesign across Children and Families as part of the Three Horizons approach to redesign the Quality Assurance and Governance Team of the Health and Social Care Partnership The Locality Based Social Work Services’ Modernisation Programme, presented to the Committee on 28 June 2023, had provided a background to the challenges facing Social Work across Adult Services, Children Services and Justice Services. The previous update provided context on the operating model of Social Work and the previous staffing structures and grades. Social Work teams operating across the 4 localities were core to the delivery of the Service and they undertook the Council’s statutory duties relating to Assessment and Care Management, Mental Health and Public Protection. The primary workforce comprised Social Workers and Mental Health Officers who were regulated by the Scottish Social Services Council (SSSC). This workforce was managed by Fieldwork Managers and Team Leaders who were also registered Social Workers, providing the professional support and leadership that was vital to the delivery of services and the protection of South Lanarkshire’s most vulnerable citizens. As highlighted in paragraph 3.3, recruitment and retention of staff was one of the biggest challenges, particularly within localities. Within localities, some of the key front-line services provided were to undertake public protection duties in relation to child protection, adult protection and the management of high risk offenders. Additionally, there had been an increase in referrals which related to public protection. This posed a significant risk that public protection duties would be compromised or that other statutory duties, such as assessment and care management, could be reprioritised. 12
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The previous report to the Committee had identified service model improvements that were required and those were outlined in paragraph 3.5 of the report. It was evident that the Council faced ongoing challenges in recruiting and retaining Social Work staff in a very competitive market. At the meeting on 28 June 2023, a Three Horizons approach to address the requirement for the service to modernise its approach to service delivery and create a service mode which would mitigate the risks that were ongoing in recruitment and retention in the local offices was outlined. For Children and Families, this was undertaken by developing and launching the Senior Practitioner roles within localities, as detailed in paragraphs 4.2 and 4.3 of the report. The rollout of the Senior Practitioner posts had, to date, proved successful in retention of staff in localities which were seen as the biggest risk to service delivery. As part of Horizon One, recruitment of Operation Manager posts that were agreed to be established in the localities was being undertaken. The new structure for localities would be fully operational by the end of the year. The previous report to the Committee also highlighted that, from a Children and Families perspective, redesign had already commenced through the creation of the Family Support Hubs (FSH), with 4 FSHs now established in South Lanarkshire. The FSHs assumed all the statutory functions undertaken by Social Workers to respond quickly and appropriately to crisis and to promote a non-stigmatising one stop shop for support for Children and Families. The Service had also reviewed the Young Persons’ Service and the Throughcare After Care Hub, as detailed in paragraph 5.2 of the report. As part of Horizon Two, it was now required to reflect the additionality of the above teams and a management structure that complemented the arrangements that were now in place for the localities. Those developments reflected the public protection and child protection case management responsibilities and roles that were now part of the day to day work. The Children and Young People’s Act (2014), the new Care and Justice Bill, and the commitment to the Promise had increased demand in these areas, therefore, redesign and development was necessary to future proof safe service delivery. The next step was the creation of Operation Manager roles that would assume the same responsibilities in relation to public and child protection as the localities. The proposed changes, on a permanent basis, to establishment for Horizon Two of the FSHs, the Young Persons’ Service and Throughcare After Care were detailed in section 8 (Table 1) of the report as follows:- the addition of 12 FTE posts of Operations Manager on Grade 4, Level 2-5, SCP 82-88 (£49,108 to £53,725) the deletion of 13 FTE posts of Team Leader on Grade 3, Level 8, SCP 79-80 (£46,973 to £47,685) the addition of 2 FTE posts of Senior Practitioner on Grade 3, Level 8, SCP 79-80 (£46,973 to £47,685) the deletion of 4 FTE posts of Social Worker on Grade 3, Level 4, SCP 72-74 (£42,703 to £43,615) The changes to the delivery model were cost neutral and aimed to support a higher skilled and experienced workforce, as well as address the recruitment and retention issues. Future developments in relation to the Horizon Three approach were detailed in section 6 of the report. The next stage for Children and Families was a review of how Self Directed Support could be delivered for children affected by disability. The outcome of this redesign would be brought to a future meeting of the Committee. 13
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The Quality Assurance and Governance Team was established in April 2022 and was part of the Health and Social Care Partnership (HSCP). It had been funded initially for 3 years by the Scottish Government Coming Home Agenda. The initial workplan of the team was to review out of date contracts and establish if those were still required and that they reflected the priorities of the Strategic Commissioning Plan (SCP). The team also focused on priorities around the Coming Home Agenda. As detailed at paragraph 7.1 of the report, the team had made significant efficiencies which had resulted in funding being available to continue with the team beyond 2024 on a permanent basis. Currently, a Team Leader within Quality Assurance managed the workload and supervised staff. The Team Leader also engaged with localities to carry out complex reviews, ensuring best value for the Partnership. It was now required to reflect the additionality of the role of this team and implement a management structure which was comparable with the localities. This would also ensure retention of a higher skilled and experienced manager. The proposed changes to establishment were detailed in section 8 (Table 2) of the report as follows:- the addition of 1 FTE post of Operations Manager on Grade 4, Level 2-5, SCP 82-88 (£49,108 to £53,725) the deletion of 1 FTE post of Team Leader on Grade 3, Level 8, SCP 79-80 (£46,973 to £47,685) The staffing restructure in Children and Families would be funded by existing resources and no additional costs would be incurred. The conversion of staffing in the Quality Assurance and Governance Team would cost £0.008 million and would be funded from savings achieved as part of the budget recovery. Officers responded to a member’s question in relation to vacancy levels for QSW posts and, where information was not readily available, undertook to provide this to the relevant member. The Committee decided: (1) that the contents of the report be noted; (2) that the progress and changes to the operational structure across Children and Families, as part of Horizon Two of the service redesign, be noted; and (3) that the changes to the establishment in the posts identified in section 8, Tables 1 and 2 of the report for Children and Families and the Quality Assurance and Governance Team be approved. [Reference: Minutes of 28 June 2023 (Paragraph 9)] Councillor A Buchanan left the meeting during this item of business 12 Children and Young People’s Community Mental Health and Wellbeing Support A joint report dated 25 July 2024 by the Executive Director (Education Resources) and Director, Health and Social Care was submitted:- providing an update on Community Mental Health funding provided by the Scottish Government to South Lanarkshire Children’s Services highlighting areas of success within this workstream 14
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The Scottish Government provided funding on a rolling, yearly basis to local authorities across Scotland to support access to Community Mental Health and Wellbeing supports. This was in response to the Children and Young People’s Mental Health taskforce carried out in 2018. The outcome of this was that Community Mental Health and Wellbeing Support should be provided and that this should:- help to promote, manage and improve mental health and wellbeing support children and young people to develop coping strategies and resilience The Council received a grant of £849,000 per annum for delivery of new and enhanced, community-based mental health and wellbeing supports and services for children, young people and their families. A central principle of the funding was that it was used to meet local need and that there was engagement locally with children, young people and families within South Lanarkshire. The engagement started with a large-scale survey which was sent to all secondary pupils in 2022. This was followed by several targeted focus groups for those who required enhanced supports and services. The engagement had been supported by the Scottish Youth Parliament and South Lanarkshire Youth Council and had developed over time. A group of young people from across South Lanarkshire secondary schools, named the “Wellbeing Warriors”, met a few times a year to discuss mental health and wellbeing supports, share views and help plan events. A Development Officer from VASLan supported the work with the third sector and engagement with families. The funding was used to fund a number of supports and services which included:- Scottish Association for Mental Health (SAMH) – Let’s Connect Service Kooth Action for Children – Blues Programme continuation of engagement – Wellbeing Warriors Senior Educational Psychologist and research support VASLan Development Officer Wellbeing SouthLan Mental Health and Wellbeing website Detailed information on those supports and services was provided in section 5 of the report. The grant was overseen by South Lanarkshire Children’s Services Partnership and a sub-group of the Partnership, Children’s Health and Wellbeing, and had been instrumental in developing the strategy and priorities which were aligned to South Lanarkshire’s Children’s Services Plan. There was a close interface between other partnership sub-groups, such as the Whole Family Wellbeing Group and the Promise Board. The Senior Educational Psychologist was the identified Partnership lead and produced the appropriate financial report to the Scottish Government as part of the annual reporting requirement. The supports and services outlined in the report were reliant on the Community Mental Health and Wellbeing Supports and Services Grant from the Scottish Government. This grant was guaranteed until 2025/2026. Sustainability of the supports and services without the continuation of the grant would be challenging. The Senior Educational Psychologist responded to a member’s question in relation to governance and reporting. 15
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The Committee decided: that the additional approaches available in schools and communities, that were benefiting from the supports and services relating to community mental health and wellbeing, be noted. [Reference: Minutes of the Education Resources Committee of 20 August 2024 (Paragraph 11)] 13 Carers Strategy 2023 to 2026 A report dated 19 July 2024 by the Director, Health and Social Care was submitted on the Carers Strategy 2023 to 2026. The Carers (Scotland) Act 2016 (the Act) aimed to support carers’ health and wellbeing and help make caring more sustainable. The requirements of the Act came into effect on 1 April 2018, one of which placed a statutory requirement on local authorities and health boards to develop local carer strategies. The most recent Carers Strategy 2023 to 2026 for South Lanarkshire was provided in Appendix 1 to the report. South Lanarkshire had an established track record in the co-production of local carers strategies and that had been key in the preparation of the most recent Strategy, as detailed in section 4 of the report. Progress on delivery of the Strategy would be monitored by the Carers Partnership Board. The Head of Health and Social Care (Hamilton and Clydesdale) responded to a member’s question in relation to ensuring that service users and carers were being supported to maximise their income in light of the changes to the winter fuel payment. The Committee decided: that the content of the report be noted. [Reference: Minutes of the Integration Joint Board of 25 June 2024 (Paragraph 14)] 14 Blantyre LiFE Care Campus A report dated 11 July 2024 by the Director, Health and Social Care was submitted providing an update on the Blantyre LiFE Care Campus, including the community facing intermediate care unit and 20 technology enabled properties. South Lanarkshire University Health and Social Care Partnership (SLUHSCP) had invested in services which supported the Council Connect Plan values of “focusing on people and their needs”. Blantyre LiFE and Home First were developed to support the Council’s statutory duty to assess and drive improvements in capacity and performance around delayed discharge. Blantyre LiFE provided a number of forward-looking and innovative elements which included:- 20 technology enabled houses (and the infrastructure to support those) Intermediate Care offering 20 rooms with care a centre of excellence containing:- a learning hub with meeting rooms a state-of-the-art rehabilitation gym interview and clinical space Technology Enabled Care (TEC) demonstrator and learning zone a café 16
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Within the development, there were a total of 45 houses (20 technology enabled homes and 25 council houses) for rent. The 20 technology enabled homes mainly supported people who were predominantly frail and elderly to live safely and manage their own care. This was part of the Council’s Home+ Programme which was supported by funding from the Scottish Government’s Affordable Housing Supply Programme. Due to the nature and purpose of the 20 technology enabled properties, it was agreed that the Health and Social Care Partnership (HSCP) would be responsible for identifying and prioritising service users who would benefit from the design features within the properties. The TEC zone was an innovative co-production with the Glasgow Science Centre to showcase how technology enabled care could be used to support people to live well, safely and independently at home. The intermediate care unit opened in March 2023 and the Blantyre LiFE building opened to the public in June 2023. The overall purpose was to support hospital discharge which offered a step-down model of care to South Lanarkshire residents aged 50 and over. The report provided detailed information on the following:- an overview of the Care Campus technology enabled properties the TEC zone Centre of Excellence and Living Lab The next steps for development and improvement were outlined in section 8 of the report. The operation and continued development of Blantyre LiFE would contribute to the delivery of a number of strategic priorities within the Social Work Resource Plan, Local Housing Strategy and Council Plan Connect Plan 2022 to 2027. There followed a discussion during which members:- sought further detail on the assessments carried out to establish whether Blantyre LiFE Care Campus or Home First was the best option sought further information on how much it cost the Council per person to use the Campus enquired if there were any self-funding residents in the Campus Officers:- responded to members’ questions on various aspects of the report undertook, where information was not readily available, to provide this to relevant members The Committee decided: that the content of the Blantyre LiFE Campus update be noted. [Reference: Minutes of the Integration Joint Board of 25 June 2024 (Paragraph 11)] Councillor Horne left the meeting during this item of business 15 Care Inspectorate Updates for Registered Social Work Services from 1 January to 30 June 2024 A report dated 11 July 2024 by the Director, Health and Social Care was submitted:- providing an update on gradings for recent inspections undertaken by the Care Inspectorate for the registered services delivered and managed by Social Work Resources for the period 1 January to 30 June 2024 17
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informing the Committee of changes in registration providing an update on alterations to inspection and/or improvement frameworks The Care Inspectorate was the independent scrutiny and improvement organisation responsible for regulating and inspecting care and support services for adults, children and criminal justice social work services. The Care Inspectorate had the authority to place recommendations, requirements or issue an improvement notice, as detailed in paragraph 3.1 of the report. The Care Inspectorate carried out inspections based on the Quality Assurance Framework which linked to the Health and Social Care Standards. The framework was structured around 6 key questions, which were detailed in paragraph 4.1 of the report. Under each of those questions were up to 5 quality indicators. In respect of adult care services, quality indicator 1.5 had been developed in response to the pandemic to ensure that where there were outbreaks of any infectious diseases, people’s health and wellbeing continued to be supported and safeguarded by infection, prevention and control practices which took into account the National Infection Prevention and Control Care Home Manual. A number of new quality frameworks had been published since the last report to the Committee, as detailed in paragraph 4.3 of the report. Evaluations were combined from the key questions, alongside the quality indicators and the 6-point grading scale, as detailed in paragraph 4.4 of the report. Inspection grades were published nationally on the Care Inspectorate website. Since the last report to Committee, there had been one unannounced care home service inspection within Clydesdale Homecare in Lanark. A full report, which outlined the current gradings, was provided in Appendix 1 to the report. Nine day service facilities within the Council had been de-registered, as detailed in paragraph 5.1 of the report. Services had co-located within other establishments and service users were exercising choice and control over their care and support within alternative services. An Independent Review of Inspection, Scrutiny and Regulation (IRISR) had commenced in October 2022 to evaluate how social care services were regulated and inspected in Scotland. The report outlined 38 recommendations that reflected cultural and legislative changes to existing arrangements, which included greater involvement of people with lived experience and review of existing powers of intervention and enforcement, Health and Social Care Standards and legislation relating to fitness of providers. All recommendations had been accepted by the Scottish Government in March 2024, as outlined in paragraph 6.1 of the report. Further information was provided in section 6 of the report on the following:- a new core assurance, introduced by the Care Inspectorate, to reflect the Act which came into force on 1 April 2024 Quality Frameworks which had been gradually introduced by the Care Inspectorate since the introduction of the Health and Social Care Standards in 2018. The purpose was to enable services to self-evaluate their own performance and from 1 July 2024, inspectors would routinely look for evidence of this process within some adult services a review of social work governance and assurance which the Care Inspectorate intended to undertake from 15 July until 20 December 2024 Officers responded to members’ questions on various aspects of the report. In response to a question in relation to inspection reports from contract providers, the Director, Health and Social Care advised that this information would be included in the regular reports to the Committee going forward. The Committee congratulated the Clydesdale Homecare team for the positive gradings received from the Care Inspectorate following the unannounced inspection in May 2024. 18
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The Committee decided: that the contents of the report be noted. [Reference: Minutes of 6 December 2023 (Paragraph 14)] Councillors Scott, Watson and Brown left the meeting during this item of business 16 Urgent Business There were no items of urgent business. 19
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Executive Director (Finance and Corporate Resources) Director, Health and Social Care Subject: Social Work Resources - Revenue Budget Monitoring 2024/2025 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] provide information on the actual expenditure measured against the revenue budget for the period 1 April to 9 August 2024 for Social Work Resources provide a forecast for the year to 31 March 2025 1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [re (1) that the forecast to 31 March 2025 of a breakeven position, as detailed in Appendix A of the report, be noted; and (2) that the proposed budget virements be approved. [1recs] 3. Background 3.1. This is the second revenue budget monitoring report presented to the Social Work Resources Committee for the financial year 2024/2025. 3.2. The report details the financial position for Social Work Resources. Appendix A provides the new service analysis statement, outlining key highlights by Service for the Resource and appendices B to F provides the detailed financial position with variance explanations by budget category. 3.3. This report reflects the actual spend to 9 August 2024 within the Resource budget and reflects the expected outturn forecast on expenditure and income at this date. 4. Employee Implications 4.1. There are no employee implications as a result of this report. 5. Financial Implications 5.1. As at 9 August 2024, the Resource’s projected outturn position for 2024/2025 is a breakeven position. This is outlined in Appendix A. 5.2. Children and Families: As reported previously, the Resource is working towards managing the budget pressures in Children and Families in 2024/2025 and overall into 2025/2026. Regular updates on the Budget Recovery Actions have been provided to Members with a further update scheduled for the January meeting of this Committee. 3 21
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5.3. Virements are proposed to realign budgets. These movements have been detailed in the appendices to this report, as appropriate. 6. Climate Change, Sustainability and Environmental Implications 6.1. There are no implications for climate change, sustainability, or the environment in terms of the information contained in this report. 7. Other Implications 7.1. The main risk associated with the Council’s Revenue Budget is that there is an overspend. There are inflationary and budget pressures including utilities costs and general inflation pressures which increase the risk of overspend, however these have mitigated through the IJB financial plan for 2024/2025. 7.2 The risk is managed through 4 weekly Budget Monitoring Meetings at which any variance is analysed. In addition, the new forecasting within FUSION and work within the Resource and the finance teams, ensures early warning for corrective action to be taken where appropriate. 8. Integrated Impact Assessment and Consultation Requirements 8.1. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function, or strategy and, therefore, no impact assessment is required. 8.2. There was also no requirement to undertake any consultation in terms of the information contained in this report. Jackie Taylor Executive Director (Finance and Corporate Resources) Professor Soumen Sengupta Director, Health and Social Care 1 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, Effective, Efficient and Transparent Previous References Social Work Resources Committee – 21 August 2024 List of Background Papers Financial Ledger and budget monitoring results to 9 August 2024 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Kathleen Gowrie, Finance Manager Ext: 2680 (Tel: 01698 452680) Email: Kathleen.Gowrie@southlanarkshire.gov.uk 22
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Appendix A Revenue Budget Monitoring Report Social Work Resources Committee: Period 5 Ended 9 August 2024 (No. 5) Revenue Budget Monitoring Report – Service Analysis Service Analysis Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) % YTD Actual (£000) Performance and Support Services 5,800 5,749 51 0.88% 1,629 Children and Families Services 46,985 47,318 (333) (0.71%) 14,993 Adult and Older People Services 180,475 180,475 0 0.00% 62,335 Justice Services 735 453 282 38.37% 674 Net Controllable Exp. 233,995 233,959 0 0.00% 79,631 Service Heading Explanation for significant projected outturn variances Performance and Support Services The projected year end variance is a result of vacancies that are being actively recruited. Children and Families Services The projected year end variance is offset by underspends in Performance and Support Services and Justice Services. There are projected overspends in residential schools, fostering adoption and kinship care and these have been funded in part from the non-recurringly temporary budget virement from Adult and Older People Services, the planned reduction in costs that will be achieved from the Budget Recovery Action Plan and underspends within employee costs. Adult and Older People Services There is no overall projected year end variance, however underspends are expected within employee costs due to vacancies, utilities and direct payments. These are offset by pressures arising from increasing demands for services. Justice Services The projected year end variance is due to vacancies that are being actively recruited. 23
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Appendix B Revenue Budget Monitoring Report Social Work Resources Committee: Period Ended 09 August 2024 (No.5) Social Work Resources Summary Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) Over / Under % YTD Actual (£000) Notes Employee Costs 112,036 110,500 1,536 Under 7.90% 35,193 Property Costs 4,244 3,868 376 Under 12.33% 1,291 Supplies & Services 6,148 6,151 (3) Over (2.16%) 1,934 Transport & Plant 4,306 4,992 (686) Over (27.94%) 567 Administration Costs 1,582 1,613 (31) Over (7.42%) 164 Payments to Other Bodies 25,884 25,678 206 Under 1.38% 8,428 Payments to Contractors 146,620 147,400 (780) Over (0.75%) 42,559 Transfer Payments 3,604 4,451 (847) Over (166.17%) 1,718 Financing Charges 396 396 0 - 0.00% 19 Total Controllable Exp. 304,820 305,049 (229) Over (0.08%) 91,873 Total Controllable Inc. (70,825) (71,054) 229 Under (16.00%) (12,242) Net Controllable Exp. 233,995 233,995 0 - 0.00% 79,631 Variance Explanations Variance explanations are shown in Appendices C-F as appropriate. Budget Virements Budget virements are shown in Appendices C-F as appropriate. 24
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Appendix C Revenue Budget Monitoring Report Social Work Resources Committee: Period Ended 9 August 2024 (No.5) Children and Families Services Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) Over / Under % YTD Actual (£000) Notes Employee Costs 18,251 17,897 354 Under 1.94% 5,978 1, a Property Costs 521 522 (1) Over (0.19%) 112 Supplies & Services 585 582 3 Under 0.51% 154 Transport & Plant 674 733 (59) Over (8.75%) 194 2 Administration Costs 331 333 (2) Over (0.60%) 37 Payments to Other Bodies 10,560 10,576 (16) Over (0.15%) 3,717 Payments to Contractors 14,013 14,038 (25) Over (0.18%) 3,889 Transfer Payments 3,591 4,428 (837) Over (23.31%) 1,700 3 Financing Charges 19 19 0 - 0.00% 3 Total Controllable Exp. 48,545 49,128 (583) Over (1.20%) 15,784 Total Controllable Inc. (1,560) (1,810) 250 Over (16.03%) (791) 4 Net Controllable Exp. 46,985 47,318 (333) Over 0.71% 14,993 Variance Explanations 1. This underspend is a result of social worker vacancies that are actively being recruited. 2. This overspend reflects the requirement for transport for both children in the community and looked after children. 3. This overspend is a result of increasing demand for kinship care. 4. This over recovery relates to funding received from the Home Office due to an increase in the number of unaccompanied asylum- seeking young people being supported. Budget Virements a. Incorporation of Children’s and Young People Change Fund. Net effect £0.338m: Employee Costs £0.338m. 25
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Appendix D Revenue Budget Monitoring Report Social Work Resources Committee: Period Ended 9 August 2024 (No.5) Adults and Older People Services Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) Over / Under % YTD Actual (£000) Notes Employee Costs 81,671 80,823 848 Under 1.04% 25,520 1 Property Costs 3,044 2,668 376 Under 12.35% 1,015 2 Supplies & Services 5,343 5,347 (4) Over (0.07%) 1,718 Transport & Plant 3,268 3,895 (627) Over (19.2%) 320 3 Administration Costs 425 454 (29) Over (6.82%) 68 Payments to Other Bodies 14,517 14,295 222 Under 1.53% 4,554 4 Payments to Contractors 132,607 133,362 (755) Over (0.57%) 38,661 5 Transfer Payments 7 17 (10) Over 142.9% 13 Financing Charges 49 49 0 - 0.00% 7 Total Controllable Exp. 240,931 240,910 21 Over 0.01% 71,876 Total Controllable Inc. (60,456) (60,435) (21) Under 0.03% (9,541) Net Controllable Exp. 180,475 180,475 0 - 0.00% 62,335 Variance Explanations 1. This underspend is a result of vacancies mainly within Social Workers and Home Carers that are being actively recruited. 2. This underspend relates to utility costs which are less than budgeted. 3. The projected overspend reflects the current spend on Fleet buses however an action plan is in place to reduce spend. This will continue to be monitored. 4. This underspend reflects the current demand for Direct Payments. 5. This overspend relates to the timing in the achievement of the 2024/2025 savings for supported living and day services. Review activity is ongoing, and the full year effect of the saving is expected to be achieved in 2025/2026. Budget Virements None 26
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Appendix E SOUTH LANARKSHIRE COUNCIL Revenue Budget Monitoring Report Social Work Resources Committee: Period Ended 9 August 2024 (No.5) Performance and Support Services Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) Over / Under % YTD Actual (£000) Notes Employee Costs 4,791 4,741 50 Under 1.04% 1,517 1 Property Costs 592 591 1 Under 0.17% 117 Supplies & Services 143 143 0 - 0.00% 27 a Transport & Plant 257 257 0 - 0.00% 4 Administration Costs 278 278 0 - 0.00% 29 Payments to Other Bodies 37 37 0 - 0.00% 0 Payments to Contractors 0 0 0 - 0.00% 9 Transfer Payments 0 0 0 - 0.00% 0 Financing Charges 319 319 0 - 0.00% 8 Total Controllable Exp. 6,417 6,366 51 Under 0.79% 1,711 Total Controllable Inc. (617) (617) 0 - 0.00% (82) Net Controllable Exp. 5,800 5,749 51 Under 0.88% 1,629 Variance Explanations 1. This underspend is due to vacancies that are being actively recruited. Budget Virements a. Centralisation of IT budgets. Net effect (£0.313m): Supplies & Services (£0.313m). 27
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Appendix F Revenue Budget Monitoring Report Social Work Resources Committee: Period Ended 9 August 2024 (No.5) Justice Services Revised Annual Budget (£000) Projected Outturn (£000) Projected Outturn Variance (£000) Over / Under % YTD Actual (£000) Notes Employee Costs 7,323 7,039 284 Under 3.88% 2,178 1 Property Costs 87 87 0 - 0.00% 47 Supplies & Services 77 79 (2) Over (2.60%) 35 Transport & Plant 107 107 0 - 0.00% 49 Administration Costs 548 548 0 - 0.00% 30 Payments to Other Bodies 770 770 0 - 0.00% 157 a Payments to Contractors 0 0 0 - 0.00% 0 Transfer Payments 6 6 0 - 0.00% 5 Financing Charges 9 9 0 - 0.00% 1 Total Controllable Exp. 8,927 8,645 282 Under 3.16% 2,502 Total Controllable Inc. (8,192) (8,192) 0 - 0.00% (1,828) a Net Controllable Exp. 735 453 282 Under 38.37% 674 Variance Explanations 1. This underspend is a result of vacancies that are being actively recruited. Budget Virements a. Incorporation of Scottish Government funding for Intensive Support Packages. Net Effect £nil: Payments to Other Bodies £0.330m, Income (£0.330m). 28
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Executive Director (Finance and Corporate Resources) Director, Health and Social Care Subject: Social Work Resources - Capital Budget Monitoring 2024/2025 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] provide information on the progress of the capital programme for Social Work Resources for the period 1 April to 9 August 2024 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the Social Work Resources’ capital programme of £1.027 million, and forecast expenditure of £1.027 million, be noted. 3. Background 3.1. This is the second capital monitoring report presented to the Social Work Resources Committee for the financial year 2024/2025. Further reports will follow throughout the year. 3.2. The budget of £1.027 million for Social Work Resources is based on the overall Capital Programme for 2024/2025, as approved by the Executive Committee on 26 June 2024. There has been no change to this budget since the last report to this Committee. 3.3. The report details the financial position for Social Work Resources in Appendix A. 4. Employee Implications 4.1. There are no employee implications as a result of this report. 5. Financial Implications 5.1. 2024/2025 Budget As detailed in Section 3.2, the revised capital programme for Social Work Resources for 2024/25 is £1.027 million. 5.2. 2024/2025 Forecast Appendix A shows a forecast for the financial year of £1.027 million. For information, actual expenditure to 9 August 2024 is £0.173 million. 6. Climate Change, Sustainability and Environmental Implications 6.1. There are no implications for climate change, sustainability or the environment in terms of the information contained in this report. 4 29
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7. Other Implications 7.1. The main risk associated with the Council’s Capital Programme is that there is an overspend. The risk has been assessed as low given the detailed project management plans prepared and monitored for each project. The risk of overspend is managed through four weekly Investment Management Meetings. 8. Integrated Impact Assessment and Consultation Requirements 8.1. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and, therefore, no impact assessment is required. 8.2. There is also no requirement to undertake any consultation in terms of the information contained in this report. Jackie Taylor Executive Director (Finance and Corporate Resources) Professor Soumen Sengupta Director, Health and Social Care 2 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, Effective, Efficient and Transparent Previous References Executive Committee, 2 October 2024 List of Background Papers Financial ledger to 9 August 2024 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Graham Booth, Finance Manager (Strategy) Ext: 2699 (Tel: 01698 452699) E-mail: graham.booth@southlanarkshire.gov.uk 30
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Appendix A South Lanarkshire Council Capital Expenditure 2024-2025 Social Work Resources Programme For Period 1 April 2024 to 9 August 2024 Social Work Resources Base Budget £000 Budget Adjustments £000 Slippage £000 Total Budget £000 Forecast Spend £000 Forecast Variance £000 Actual Expenditure £000 Community Alarms - Analogue to Digital 294 - - 294 294 - 72 Swis Plus Replacement 733 - - 733 733 - 101 TOTAL 1,027 - - 1,027 1,027 - 173 31
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Executive Director (Finance and Corporate Resources) Director, Health and Social Care Subject: Social Work Resources – Workforce Monitoring – July to September 2024 1. Purpose of Report 1.1. The purpose of the report is to: - [purpose] provide employment information for July to September 2024 relating to Social Work Resources [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s): - [recs] (1) that the following employment information for July to September 2024 relating to Social Work Resources be noted: - attendance statistics. occupational health. accident/incident statistics. discipline, grievance and Dignity at Work cases. analysis of leavers and exit interviews. staffing watch as of 11 June 2024 [1recs] 3. Background 3.1. As part of the Council’s performance management arrangements, regular workforce monitoring reports are submitted to Committee. This report for Social Work Resources provides information on the position for July to September 2024. 4. Monitoring Statistics 4.1. Attendance Statistics (Appendix 1) Information on absence statistics is analysed for the month of September 2024 for Social Work Resources. The Resource absence figure for September 2024 was 8.8%, this figure has increased by 0.4% when compared to last month and is 2.7% higher than the Council-wide figure. Compared to September 2023, the Resource absence figure has increased by 2.0%. Based on the absence figures at September 2024 and annual trends, the annual average absence for the Resource for 2024/2025 is 7.8%, compared to a Council- wide average figure of 5.6%. 5 33
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Managers follow the procedures outlined in the Maximising Attendance Policy to support employees to remain at work, or to return to work after a sickness absence. There are comprehensive employee supports in place and additionally, Personnel Services work in close partnership with line managers and Resource Management Teams on a case management basis to ensure that appropriate actions are taken. 4.2. Occupational Health (Appendix 2) In terms of referrals to occupational health overall, 361 referrals were made this period. This represents an increase of 26 when compared with the same period last year. 4.3. Accident/Incident Statistics The number of accidents/incidents recorded within the Resource was 23, of those 11 were investigated and 12 are still in process of being investigated for categorisation and upload. 4.4. Discipline, Grievance and Dignity at Work (Appendix 2) During the period, 3 disciplinary hearings were held within the Resource, this figure is unchanged when compared to the same period last year. No appeals were heard by the Appeals Panel, this figure remains the same when compared to the same period last year and no appeals panels were pending. Two grievance hearings were raised within the Resource, this figure has increased by 2 when compared to the same period last year. One Dignity at Work complaint was raised within the Resource, this figure is unchanged when compared to the same period last year. 4.5. Analysis of Leavers (Appendix 2a) There was a total of 22 leavers in the Resource this period eligible for an exit interview. This figure has decreased by 16 when compared with the same period last year. Given the transition to the new Fusion system, exit interview data is being collated for this period and an update will be reported to the next committee 5. Staffing Watch 5.1. Appendix 3 provides the Staffing Watch and shows there has been a decrease of 7 in the number of employees in post from 9 March 2024 to 11 June 2024. 6. Employee Implications 6.1. There are no implications for employees arising from the information presented in this report. 7. Financial Implications 7.1. All financial implications are accommodated within existing budgets. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no Climate Change, Sustainability and Environmental Implications in terms of the information contained within this report. 9. Other Implications 9.1. There are no implications for sustainability or risk in terms of the information contained within this report. 15. Equality Impact Assessment and Consultation Arrangements 15.1. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore no impact assessment is required. 34
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Jackie Taylor Executive Director (Finance and Corporate Resources) Soumen Sengupta Director, Health and Social Care 11 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Fair, open and sustainable Ambitious, self aware and improving Excellent employer Focused on people and their needs Working with and respecting others Previous References Social Work Resources Committee– 21 August 2024 List of Background Papers Monitoring information provided by Finance and Corporate Resources Contact for Further Information If you would like to inspect the background papers or want further information, please contact: - Eileen McPake, HR Business Manager Ext: (Tel: 01698 454647) E-mail: Eileen.McPake@southlanarkshire.gov.uk 35
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2022 / 2023 2023 / 2024 2024 / 2025 2022 / 2023 2023 / 2024 2024 / 2025 2022 / 2023 2023 / 2024 2024 / 2025 2022 / 2023 2023 / 2024 2024 / 2025 % % % % % % % % % % % % April 6.2 6.5 6.5 April 12.6 9.4 8.8 April 8.3 7.4 7.3 April 5.6 5.1 5.2 May 5.7 5.8 5.8 May 10.1 8.4 9.5 May 7.1 6.6 7.0 May 5.4 5.1 5.3 June 5.9 5.5 6.0 June 11.3 8.6 9.2 June 7.6 6.5 7.0 June 5.3 4.7 5.2 July 6.0 5.4 6.5 July 11.8 8.8 11.2 July 7.9 6.5 8.0 July 4.6 3.8 4.1 August 6.0 4.8 6.9 August 10.8 8.6 11.4 August 7.5 6.0 8.4 August 4.4 4.1 4.7 September 5.9 5.6 7.2 September 9.6 9.3 12.0 September 7.1 6.8 8.8 September 5.4 5.3 6.1 October 5.8 6.5 October 10.4 8.5 October 7.3 7.1 October 5.8 5.1 November 6.0 7.3 November 10.4 9.0 November 7.4 7.8 November 6.5 6.2 December 6.4 7.4 December 10.6 9.5 December 7.7 8.1 December 7.0 6.6 January 5.2 7.0 January 12.0 10.3 January 7.4 8.1 January 5.8 6.1 February 5.8 7.0 February 11.0 9.9 February 7.5 7.9 February 5.9 6.4 March 7.0 7.1 March 10.9 9.4 March 8.2 7.9 March 6.4 6.3 Annual Average 6.0 6.3 6.8 Annual Average 11.0 9.1 9.9 Annual Average 7.6 7.2 7.8 Annual Average 5.7 5.4 5.6 Average Apr-Sep 6.0 5.6 6.5 Average Apr-Sep 11.0 8.9 10.4 Average Apr-Sep 7.6 6.6 7.8 Average Apr-Sep 5.1 4.7 5.1 1791 1021 2812 15851 Resource TotalManual Workers No of Employees at 30 September 2024 No of Employees at 30 September 2024 No of Employees at 30 September 2024 No of Employees at 30 September 2024 Appendix 1 Absence Trends - 2022/2023, 2023/2024 & 2024/2025 Social Work Resources APT&C Council Wide 36
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Jul - Sep Jul - Sep 2023 2024 MEDICAL EXAMINATIONS Number of Employees Attending EMPLOYEE COUNSELLING SERVICE Total Number of Referrals PHYSIOTHERAPY SERVICE Total Number of Referrals REFERRALS TO EMPLOYEE SUPPORT OFFICER 104 106 REFERRALS TO COGNITIVE BEHAVIOUR THERAPY 0 2 TOTAL 335 361 Jul - Sep Jul - Sep 2023 2024 Specified Injuries* 0 0 Over 7 day absences 2 2 Over 3 day absences** 3 2 Minor 23 1 Near Miss 3 1 Violent Incident: Physical**** 21 3 Violent Incident: Verbal***** 9 2 Total Accidents/Incidents 61 11 Jul - Sep Jul - Sep 2023 2024 Total Number of Hearings 3 3 Total Number of Appeals 0 0 Appeals Pending 0 0 Time Taken to Convene Hearing October - Jul to Sep 2024 0-3 Weeks 4-6 Weeks Over 6 Weeks 0 0 3 Jul - Sep Jul - Sep 2023 2024 Number of Grievances 0 2 Number Resolved at Stage 1 0 0 Number Resolved at Stage 2 0 0 Number Resolved at Stage 3 0 0 Still in Progress 0 2 Jul - Sep Jul - Sep 2023 2024 Number of Incidents 0 1 Number Resolved at Informal Stage 0 0 Number Resolved at Formal Stage 0 0 Number of Appeals 0 0 Appeals in Process 0 0 Still in Process 0 1 RECORD OF DIGNITY AT WORK ***Near Miss - Any unexpected, unplanned occurrence (except Dangerous Occurrences) that does not lead to injury of persons, damage to property, plant or equipment but may have done so in different Appendix 2 SOCIAL WORK RESOURCES 101 104 10 36 120 113 CAUSE OF ACCIDENTS/INCIDENTS *A Specified Injury is any fracture (other than to the fingers, thumbs or toes), amputation, loss of sight, serious burns, crushing injury, scalping, loss of consciousness caused by asphyxiation/ head injury, a chemical or hot metal burn to the eye or penetrating injury as defined by the HSE. **Over 3 day / over 7day absence is an injury sustained outwith specified injury category that results in a period of absence of absence as defined by the HSE. ****Physical violent incidents are included in the "Specified" figures, where applicable, to provide the ****Physical violent incidents and ***** Verbal Violent Incidents are included in the "Over 3-day or Over 7- day" figures, where applicable, to provide the "Total Over 3-day or Over 7-day" figures. ****Physical Violent Incidents and ***** Verbal Violent Incidents are included in the "Minor" figures, where applicable, to provide the "Total Minor" figures. RECORD OF DISCIPLINARY HEARINGS RECORD OF GRIEVANCE HEARINGS 37
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Jul - Sep Jul - Sep 2023 2024 Career Advancement 13 0 Child Caring / Caring Responsibilities 0 0 Disatisfaction with terms and conditions 0 0 Further Education 0 0 Moving outwith area 0 0 Personal Reasons 2 0 Poor relationship with managers / colleagues 1 0 Travelling difficulties 0 0 Other 3 0 Number of Exit Interviews conducted 19 0 Total Number of Leavers Eligible for Exit Interview 38 22 Percentage of interviews conducted 50% 0% ANALYSIS OF REASONS FOR LEAVING Appendix 2a SOCIAL WORK RESOURCES 38
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As at 11 June 2024 Total Number of Employees F/T P/T F/T P/T 195 207 988 1299 Chief Officer Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Fixed SCP Teacher TOTAL 3.00 393.00 1682.00 518.00 60.00 33.00 0.00 0.00 0.00 2689.00 As at 9 March 2024 Total Number of Employees F/T P/T F/T P/T 202 203 994 1297 Chief Officer Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Fixed SCP Teacher TOTAL 3.00 327.92 1441.30 496.46 56.30 34.35 0.00 0.00 0.00 2359.33 Appendix 3 JOINT STAFFING WATCH RETURN SOCIAL WORK RESOURCES *Full - Time Equivalent No of Employees Salary Bands 2689 MALE FEMALE TOTAL Salary Bands MALE FEMALE TOTAL 2696 *Full - Time Equivalent No of Employees 39
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Director, Health and Social Care Subject: Update on the 2023/2024 Risk Register and Risk Control Plan 1. Purpose of Report 1.1. The purpose of the report is to:- present an update on the risk register and risk control actions for Social Work Resources [1purpose] 2. Recommendation(s) 2.1. The Social Work Resources Committee is asked to approve the following recommendation(s):- [ (1) that the content of the Resource Risk Register, following review, as detailed at Appendix 1, be noted; and (2) that the set of top risks for Social Work Resources be approved. 3. Background 3.1. The Council’s Risk Management Strategy promotes consideration of risk in service delivery, planning and decision-making processes. The Strategy requires Resources to record and review risks and control actions regularly. Social Work Resources follow the guidance in developing, monitoring and updating the risk register on an ongoing basis. 3.2. The purpose of the Risk Register is to ensure that Social Work Resources is fully aware of its top risks; that these risks are prioritised; and that controls are in place to eliminate or minimise the impact of the risks. 3.3. The Resource scores these risks in accordance with the Council scoring mechanism, based on likelihood and impact. This results in risks being scored between one and 25 (low – very high). 3.4. Risks are scored on their inherent score (risk if we do nothing) and their residual risk (risk after applying controls). 3.5. The last update of the Social Work Resources Risk Register was reported to Social Work Resources Committee on 21 August 2024 and follows the commitment given to the Committee to have risk as a standing item. 3.6. The Resource’s Risk Register and Risk Control Plan has been reviewed. This work is completed in advance of each Social Work Resources Committee meeting. 6 41
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3.7. The central Risk Management team annually review Resource compliance with the Risk Management Strategy. The outcome of the 2023/2024 review identified that Social Work Resources achieve 100 per cent compliance, scoring 45 out of a possible 45. 4. Resource Risk Management 4.1. Each Resource has a Resource Risk Management Group which has responsibility for the promotion and management of risk. The Social Work Resources Risk Management Group continues to consult on a regular basis to provide operational oversight of all risks impacting on the delivery of social care services. 4.2. Social Work risks are reviewed and monitored on an ongoing basis, and an update is provided to each Social Work Resources Committee. 5. Risk Register 5.1. The Resource Risk Register is monitored on an ongoing basis to allow new risks to be added and for the control measures and scores of the existing risks to be reviewed considering new information. 5.2. Risks can result from internal or external influences, with examples being the impact of projected funding cuts, legislative changes, or the impact of internal service changes. 5.3. Risks scored 15 to 25 are considered to be very high risks and risks scored 8 to 12 are considered to be high risks. Very high and high risks are monitored closely. The top risks identified for the Resource, that is those that are residually scored as being very high, are attached at Appendix 1. 5.4. Social Work Resources top risks are:- Top Risk Risk level 1 Funding and budgetary pressures Very high 2 Winter demand pressures Very high 3 Deliver the Strategic Commissioning Plan outcomes required by South Lanarkshire Integration Joint Board Very high 4 Cost of living crisis Very high 5.5. Whilst these top risks are the primary focus of the Resource, there is a wider suite of areas that are also subject to proportionate monitoring, mitigation and review (Appendix 2). The Resource continues to monitor these risks and contribute to by way of mitigation, some of which are wider organisational risks that require all departments of the Council to respond to by working together corporately. 5.6. As previously indicated, all the risks on the Social Work Risk Register are reviewed regularly and the scoring revised - upwards or downwards, to reflect the impact of mitigating actions and/or changes in circumstances that may result in a different risk rating. It will be noted therefore that there have been a number of changes in the residual risk scores since the last report – 21 August 2024. These are summarised in the table below. 42
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Risk August 2024 October 2024 Residual Inherent Residual Inherent Funding & Budgetary Pressures 20 25 16 20 Workforce availability and capacity 16 25 12 20 Market & Provider Capacity 16 25 12 20 Cost of living crisis 16 25 16 20 Winter Pressures 9 25 16 20 5.7. The implications arising from the National Care Service Bill in terms of risk to the Council continue to be monitored. A new risk has been added to all Resource risk registers, namely, that the Council fails to comply with its statutory duties by not conducting sufficiently robust impact assessments where the same are required, including in respect of budget/service redesign proposals, leading to potential legal and financial challenges, which could result in failure to deliver those proposals. 5.8. Risks evaluated residually as being medium or low risk will be monitored to ensure that they continue to be adequately managed. 6. Insurance Hotspots and Claim Mitigation 6.1. There have been no specific insurance hotspot areas identified for Social Work Resources. 6.2. The Risk and Insurance Team are leading on corporate initiatives to mitigate against liability, motor, and property insurance claims. This includes a property insurer survey programme; a Health and Safety/training review undertaken by the Council’s claims handlers; and ongoing development of driving at work training, with support from Employee Development. 7. Horizon Scanning 7.1. Through wider analysis and discussion with the Council’s Risk Sponsors Group, areas that could pose potential threats and risks or are emerging issues and opportunities that could affect the Council were identified. Areas identified are listed below. Transformational Change The Council is embarking upon a transformational change programme which will include a series of cross-cutting reviews, focussing on Council-wide activities rather than individual Resources. Monitoring of the delivery of transformational change reviews will inform whether an overarching ‘transformational change’ risk requires to be developed and added to the top risk register. Outcomes from the reviews offer mitigation to the top risk on funding. Scotland Excel Supply Chain Intelligence Report A recent Scotland Excel Supply Chain Intelligence report highlights a significant number of national and global issues that will present supply chain challenges. This report has been circulated throughout the Council and Resources are being encouraged to prepare and where possible put plans in place to react to the challenges that arise. A further intelligence report is due to be provided by the end of the year. 43
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Artificial Intelligence As the capabilities of Artificial Intelligence (AI) continue to evolve, there are potential implications for the Council that warrant close monitoring. While AI offers opportunities to enhance efficiency and service delivery, it also presents risks such as ethical concerns, data privacy issues, and potential displacement of jobs within the public sector. The rapid pace of AI development may outstrip existing regulatory frameworks, leading to challenges in governance and accountability. Although AI is not currently included in the Council’s Risk Register, it is important to remain vigilant, particularly in areas such as automated decision- making, cybersecurity threats, and the integration of AI-driven tools in public services. 7.2. These areas will continue to be monitored to ensure that the Council is adequately prepared to respond where required. 8. Scope and Appetite for Risk 8.1. The Council aims to be risk embracing, that is it will accept a tolerable level of risk in seeking service efficiencies and in agreeing control measures. 8.2. The level of risk facing the Council is measured both before (inherent risk) and after (residual risk) consideration of controls. The Council should never carry a very high residual risk exposure as this would indicate instability, but a low residual risk exposure should also be avoided as this indicates lack of innovation. 8.3. The Council’s universal risk tolerance levels are noted within the risk management strategy, with the ideal risk profile defined as:- no more than 10 per cent of residual risks at a very high level no more than 15 per cent of risks at a high level around 50 to 60 per cent of residual risks at a medium level no more than 30 per cent of residual risks at a low level 8.4. Table One below shows Social Work Resources risk heat map, i.e. it details the total number of risks for each individual residual risk score. Table Two below notes the overall risk profile for Social Work Resources. Table One – Social Work Resources Risk Heat Map Likelihood 5 Almost Certain 4 Likely 1 4 3 Possible 2 10 2 Unlikely 1 1 Rare 1 Negligible 2 Minor 3 Moderate 4 Major 5 Catastrophic Impact 44
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Table Two – Social Work Resources Risk Profile Risk Category Risk Rating Number of residual risks Percentage of residual risks 1 Very high 4 22 2 High 14 78 3 Medium 0 4 Low 0 18 8.5. Despite the fact that the profile noted in Table Two is out with the ideal universal risk exposure defined by the Risk Management Strategy, this risk exposure is reasonable given the number of high-level risks currently being faced by the Resource. 8.6. Social Work Resources has ensured that all inherent risks scored at a very high and high level have cost effective control measures in place. Where further control measures are required, these are included within the Resource risk control plan. 8.7. The main changes to the risk profile from the previous Committee are:- one very high risk has been added, namely winter pressures one high risk has been added, namely, failure to comply with equality duties 9. Risk Control Actions 9.1. Five risk control actions were identified during 2023/2024. Two actions have been completed. Three actions have been carried forward and remain current due to the nature of the risk. 9.2. Progress with completion of Resource Risk Control Actions is monitored by the Central Risk Management team. This is also reviewed by the Resource Risk Group. 9.3. There are currently 3 risk control actions due for completion during the remainder of 2024/2025. The Committee is asked to note that the outstanding actions to mitigate risks within the Risk Control Plan will be progressed by the relevant officers. 10. Three Lines Model 10.1. The ‘three lines’ model was developed by the Institute of Internal Auditors. When using this model, risk controls are categorised under three lines of defence. This aims to provide assurance around the adequacy of control measures that are in place to mitigate strategic risks, identify control descriptions that need amendment to clearly link these to the mitigation of the risk and to highlight any residual gaps in controls that require to be addressed. 10.2. Internal Audit work on the three lines model for the top risks is concluding and Resource Risk Sponsors will now be provided with individual analysis and guidance to support them in developing further controls to close any gaps identified from the three lines approach for the Council top risks that they lead on. 45
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10.3. The guidance will cover the following areas:- introduction and explanation of the three lines model a summary of all of the top risks that the Resource is responsible for along with a percentage analysis (percentage split of how the existing controls fall into each of the three lines, highlighting gaps for consideration) some advice for each Resource on how controls can be developed (using specific examples) to provide a good coverage of controls across the three lines for each risk area. 11. Major Projects, Partnerships or Change 11.1. Within Social Work Resources, 13 partnerships have been identified. Highlighted risks for partners include continued financial challenges and workforce pressures faced in health and social care. 11.2. The South Lanarkshire Integration Joint Board (IJB) has an approved risk management strategy and a risk register which details the IJB’s approach to risk and how it identifies and manages risks to mitigate against subsequent impact. 11.3. The risk register is presented to each meeting of the IJB and its Performance and Audit Sub Committee. Following its annual risk workshop future reporting to the IJB will demonstrate trends to reflect system pressures and the impact of mitigating controls. Dedicated reports relating to particular risks and issues on the IJB risk register will also be presented. 11.4. Very high and high risks on the IJB risk register are:- Financial sustainability – very high Workforce availability and capacity – very high Performance delivery – very high Failure to meet public protection and legislative requirements - high 12. Review of the Risk Management Strategy 12.1. To comply with best practice and to ensure it is fit for purpose, a review the Risk Management Strategy has been undertaken this year. The review was undertaken by the Risk Management team, with input from the Council’s Risk Sponsors. 12.2. There have been no fundamental changes to the Strategy. The main revisions are summarised below:- a general refresh to bring the strategy up to date including refences to revised information contained within Connect updated opening Chief Executive Statement introduction of guidance from the Institute of Internal Audit three lines model, to allow a better means of recording and categorising risk controls revisions to the risk matrix categories (low, medium, high and very high) to improve prioritisation and focus mitigation on higher scored risks updated risk tolerance levels to provide a better balance on previously set levels and acknowledge requirement to accept a higher level of risk 46
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12.3. In summary the Strategy details:- a policy statement which sets out the Council’s commitment to risk management, as one of the principal elements of good governance encouragement of reasonable risk taking in order to make service improvements and enable positive outcomes; the implementation of mitigating control measures to avoid or reduce the impact of losses and deterioration in services; the preparation and testing of business continuity plans for responding to emergency events clear aims, objectives and measures of success how and when to apply risk management roles and responsibilities for employees at all levels in the Council the Council’s risk tolerance level when seeking opportunities, services efficiencies and in agreeing control measures core requirements for Resources monitoring and Reporting arrangements 12.4. The revised Strategy will take effect from 1 April 2025, to allow to final round of 2024/2025 risk reporting to be completed using existing scoring and tolerance guidance. The Strategy will be issued via a management bulletin and the Risk Sponsors Group and will be available on the Council’s intranet. 13 Next steps 13.1. The Resource Risk Management Group will continue to consult on a regular basis. The Risk Register will be reviewed on an ongoing basis by the group to ensure that risks remain valid for the appropriate Service areas and to identify new areas of risk that affect the Resource. An update report will be provided to each Social Work Resources Committee. 14. Employee Implications 14.1. Time will be required by the Resource Risk Management Group in the management of the Resource Risk Register and Risk Control Plan. 15. Financial Implications 15.1. There are no direct financial implications associated with the Resource’s top risks. There are a number of proposed risks which are classified under the heading of financial. Where this is the case, the appropriate controls and actions have been included in the risk control cards and progress will be monitored. 16. Climate Change, Sustainability and Environmental Implications 16.1 Sustainable development issues are included within the Council’s top risk register through being linked directly to the Council plan objective ‘make communities safer, stronger and sustainable’. 17. Other Implications 17.1. Failure to demonstrate that risk is actively considered and managed cannot only lead to avoidable financial loss but could also affect delivery of services and could affect the Resources’ reputation. 18. Equality Impact Assessment and Consultation Arrangements 18.1. This report does not introduce a new policy, function or strategy or recommend a change to existing policy, function or strategy and, therefore, no impact assessment is required. 47
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18.2. Consultation on the content of this report has been undertaken with the Resource Management Team. Professor Soumen Sengupta Director, Health and Social Care 2 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective and efficient Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Cunningham, Head of Commissioning and Performance Ext 3704 (Tel: 01698 453704) Email: craig.cunningham@lanarkshire.scot.nhs.uk 48
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Social Work Resources Risk Register Extract of risk with residual score category of very high Appendix 1 Risk Category Key Risk Residual Risk Score Sample of Controls Inherent Risk Score 1 Very high (15-25) Funding and budgetary pressures Description • There is a risk that Social Work Resources fails to modernise and transform services to manage service demand pressures. This could result in budget deficit, compromising the delivery of statutory functions and requirement to set a balanced budget. • Significant cost pressures in Children and Family services in relation to residential placements, fostering and kinship care. Very high 16 • Budget realignment and budget recovery actions are approved and in place to contribute to the Children and Family Services social care cost pressures • Service redesign and sustainability initiatives are being progressed to maximise the best use of resources for example, the children and Family locality based modernisation programme. • Service delivery continues to prioritise and target resources to the delivery of statutory duties, for example Public Protection and those with substantial and critical needs Very high 20 2 Very high (15-25) Winter pressures Description There is a risk that social care services are unable to sufficiently respond to the dual impact of managing existing demand and the additional services pressures associated with seasonal winter demand Very high 16 • Debrief of winter plan 2023/2024 with continuity actions included in winter plan 2024/2025 • Whole system Winter Plan developed for 2024/2025 in line with previously successful plans Very high 20 3 Very high (15-25) The council does not fully deliver the strategic outcomes required of the IJB as outlined in their Strategic Commissioning Plan Description There is a risk that service delivery in relation to legislative requirements, priorities and targeted outcomes outlined in the Strategic Commissioning Plan deteriorates given the continuing financial challenges due to increased costs and expenditure exceeding allocated budgets. Very high 16 • Service transformation and reform, for example, the redesign of assessment and care management services and Blantyre LiFE, both of which have had positive impacts in managing demand, funding and budgetary pressures, and delivering the outcomes within the Strategic Commissioning Plan. • Progress of sustainability and value programme approach for both Adult Social Work services and Children and Family Social Work Services Very high 20 49
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4 Very high (15-25) Cost of living crisis Description There is a risk that Social Work Resources is unable to meet increased demand to support those most vulnerable within our communities, impacted by the cost-of-living crisis, resulting in increasing levels of poverty, debt, and damage to health. Very high 16 • Progression of sustainability and value programme approach • Service transformation and reform, including redesign of assessment and care management services • Prioritisation of those with critical and substantial needs through the Social Work assessment and support planning process • Referrals to a range of support services including Money Matters Advice Service, South Lanarkshire Debt Helpline, Scottish Welfare Fund and Community Grants provided by VASLAN to Third Sector Very high 20 50
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Appendix 2 – Social Work Resources additional high risks No Risk Social work residual risk score SLC residual risk score 1 Achieve standards and scrutiny levels identified by regulatory bodies 12 20 2 Public protection and legislative duties 12 16 3 Workforce availability and capacity 12 12 4 Market and provider capacity 12 12 5 Business continuity, response and recovery 12 12 6 IT developments and functionality 12 9 7 Fraud, theft, organised crime and cyber attacks 12 20 8 National Care Service 12 12 9 Sustainable development and climate change objectives 12 20 10 Historic Child Abuse 12 12 11 Disruption to council services due to industrial action 12 16 12 Refugee resettlement and asylum seeker dispersal programme 9 20 13 Failure to comply with equality duties 9 16 14 Implications of the SFRS unwanted fire alarm signals policy 8 9 51
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Director, Health and Social Care Executive Director (Finance and Corporate Resources) Subject: Section 27 Justice Social Work Funding – Creating Additional Capacity 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise the Committee of available Section 27 grant funding 2024/2025 seek approval for additional establishment within the Unpaid Work Service and Justice Social Work MAPPA team (JSW MAPPA) [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the contents of the report be noted; and (2) that the addition of 4.0FTE posts to the establishment within Unpaid Work Service and Justice Social Work MAPPA team (JSW MAPPA), as detailed in section 6 of the report, be approved. [1recs] 3. Background 3.1. South Lanarkshire Council Justice Social Work (JSW) Services received their Section 27 grant budget 2024/2025 in addition to the Recovery, Renewal and Transformation funding that is used to support post pandemic recovery work and bail services. Section 27 funding is ring-fenced to JSW Services. 3.2. The following additional establishment is being proposed that will enhance capacity within Unpaid Work Services and JSW MAPPA team. 4. Unpaid Work Services Backlog of Hours 4.1. Since 2020 there has been a significant deficit in the number of UPW (Unpaid Work) hours that the service can complete against the number of new orders that are imposed by Scottish Courts and Tribunal Services. 4.2. The table below demonstrates the increase in new orders and additional hours each year:- 7 53
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4.3. An analysis has been undertaken to understand the capacity that the service has currently within the available UPW supervisor establishment against the number of hours of UPW that can provide service users to complete. 4.4. The current establishment of Supervisors is 16.86 FTE. This provides 6860 hours of unpaid work. 4.5. From April to July 2024 there has been a 150% increase in stand down of service users from attending their allocated UPW session due to insufficient staff complement to support the required number of session to meet demand. The following table illustrates this:- 4.6. Through the creation of an additional 1.5 supervisor posts this would enhance our capacity to providing a further 40 group spaces a week. This is based on a 1.5 supervisors working over 4 days with 5 service users in a group. 4.7. It is assessed that this approach would bring the outstanding hours back towards pre- pandemic numbers of outstanding hours. This is not withstanding any increase in new orders made by courts. 54
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4.8. In addition to enhancing the supervisor establishment, consideration has been given to the impact additional case management tasks associated with increased work placement activities would have. These would be carried out by social work assistants. Through additional hours being undertaken this will generate increased order reviews, case management support and potential formal warning and breach reporting. 4.9. At present we have 13.5 social work assistants within our UPW establishment, averaging 38 cases. This is significantly higher than comparable qualified social workers caseloads in localities. The table below illustrates the increase in average cases over the last 5 years:- 4.10. It is proposed that the creation of an additional 1.5 Social Work Assistant posts would support the distribution of current caseload management within safe practice levels and address issues highlighted in 4.6. 5. JSW MAPPA Team 5.1. Justice Social Work Services is embarking on the implementation of the JSW MAPPA team as part of the JSW re-design outlined in the report presented to the Committee in May 2024 entitled ‘Justice Social Work – Modernisation Programme Update’. 5.2. Analysis of the current service user caseload, as of 22 August 2024, has identified the following: 5.3. Following review of case load complexity, in line with Social Work Scotland’s Setting the Bar 2022 review of manageable caseloads for social workers, the service would require 5 qualified social workers within this team. 5.4. Qualified social workers from our existing locality establishment will oversee the management of risk assessments, risk management planning, supervision and monitoring of all medium to high risk cases. Staff will support the case management tasks and group work associated with Moving Forward 2 Change group work. 5.5. Through the scoping work undertaken within the implementation plan we have identified tasks that will be required to be undertaken at Team Leader grade. These include approval of Environmental Risk Assessments, chairing of MAPPA reviews, supervision of qualified social work staff and oversight and management of group work Moving Forward 2 Change. 5.6. As part of the team leaders responsibilities there will be a requirement to provide direction, case allocation and guidance to Senior Practitioners within the Moving Forward 2 Change groupwork programme. 55
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5.7. This report highlights 75% of current social work lead cases are medium – high risk in relation to re-offending and behaviours. This requires robust supervision and effective leadership at front line management level with a comprehensive working knowledge of sex offence groupwork programmes. 5.8. Whilst the report to Committee in May 2024 outlined the proposal for an Operations Manager to undertake the management of staff within the MAPPA team, further analysis has evidenced this would create over 15 FTW members of staff across the services they would manage. This includes team leaders across localities. 5.9. To ensure the needs outlined in 5.5 and 5.6 are met it is proposed that 1 FTE Team Leader post is added to the Justice Social Work establishment. 6. Employee Implications 6.1. The following posts should be added to the Social Work Resources establishment on a permanent basis: 7. Financial Implications 7.1. The cost of the above posts is £0.188 million and will be funded from the recurring additional Section 27 ring-fenced grant funding of £0.6 million provided in 2024/2025 to support the expansion of JSW Services. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no climate, sustainability or environmental implications associated with this report. 9 Other Implications 9.1. The proposals outlined in this report help to mitigate key Social Work risks with regards to fulfilling statutory and core duties and workforce availability. 9.2. This report demonstrates proactive measures and appropriate mitigations to these risks. Post Proposed number posts Grade SCP Range Hourly Rate Annual Salary Gross cost inc. on costs 28.5% Total Cost Unpaid Work Supervisor 1.5 G2 L3 46 - 48 £16.37 - £16.84 £29,874 - £30,731 £38,388 - £39,490 £57,581 - £59,235 Social Work Assistant 1.5 G2 L2-4 39 - 57 £15.23 - £19.05 £27,793 - £34,764 £35,714 - £44,672 £53,571 - £67,008 Team Leader 1 G3 L8 79 - 80 £25.74 - £26.13 £46,973 - £47,685 £60,360 - £61,275 £60,360 - £61,275 £171,512 - £187,518 £142,177 - £145,437 56
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10. Equality Impact Assessment and Consultation Arrangements 10.1. This report does not introduce a new policy, function, or strategy or recommend a change to existing policy, function or strategy and, therefore, no impact assessment is required. 10.2. Trade Unions will be updated on the consulted and updated in terms of the content of this report. Professor Soumen Sengupta Director, Health and Social care Jackie Taylor Executive Director (Finance and Corporate Resources) 20 September 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective and efficient Focused on people and their needs Previous References Social Work Resources Committee – 22 May 2024 - Justice Social Work – Modernisation Programme Update List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Gillian Booth Service Manager Children and Justice Social Work Tel: 07725886299 Email: gilllian.booth@southlanarkshire.gov.uk 57
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Director, Health and Social Care Executive Director (Finance and Corporate Resources) Subject: Sustaining Social Work Children and Families Services: Budget Recovery Update 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] provide the Committee with an update of actions outlined within the Children and Families Budget Recovery Plan 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the contents of the report be noted; (2) that the update on commissioning of an Intensive Family Support Service be noted; and (3) that the Transition to Independent Living Programme be noted. 3. Background 3.1. This report should be read in conjunction with the previous Social Work Committee report titled: Sustaining Social Work Children and Families Services: Budget Recovery Actions dated 6 March 2024 and updated report presented to the Committee on the 21 August 2024. 3.2. Appendix 1 provides a breakdown of the Children and Families budget for 2024/2025 and the projected pressures of £10.6 million that have continued into 2024/2025. 3.3. This report is to provide an update in relation to the actions taken to address the recurring budget gap going forward. 4. Budget Recovery – Updates 4.1. Social Work Resources and Finance and Corporate Resources have been working closely to identify next step options to further support bringing spend in line with the allocated budget: - Commissioning of a new Intensive Family Support Service (IFSS) to address high-cost residential placements and reduce reliance on future placements Transition to Independent living Programme Service Reviews of the Social Work Counselling Service and the out of hours Emergency Social Work Service Review and Update on contracts 8 59
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5. Intensive Family Support Service Tender 5.1. A tender has been developed for £1.2 million over a 3-year period for a provider to work with identified children in high-cost residential care. This would be funded from the anticipated annual savings from a reduction in placements. The aim is to return them to their family home or alternative low-cost options in the community. 5.2. The tendering process is its at the final stages and its likely that the awarding of the contract will be agreed within the next 4 weeks. The revised timescales identified for the procurement and awarding of a contract following a tender process will now be the end of October 2024, the provider will require a 3-month run-in time, which would mean that the successful provider would be ready to commence this work in February 2025. 6. Transition to Independent Living 6.1. South Lanarkshire Children and Families and Housing in partnership with Barnardo’s have been awarded a grant of £133,272 over 2 years by The Big Lottery. The project will initially support four young people who are currently in continuing care placements ready to transition to live in a semi-independent flat with wrap around support. 6.2. Two young people have moved into the training flats as of last week, with the plan for a further young person to begin their transition in the next week. It is anticipated that the 4 Barnardo’s training flats will be fully occupied by the end of November 2024. 7. Social Work Counselling Service 7.1. As agreed at the Committee on 21 August 2024, the Service is currently in a transition stage and working towards ceasing operations. All cases have been reviewed by the team and staff are working towards appropriate endings with families or have sought appropriate alternative sources of support for families. The Service will cease operations by November 2024. 8. Emergency Social Work Service 8.1. Agreed that a paper will be provided on options at a committee in January 2025. 9. Out of Contract Services 9.1. As agreed at the Committee on 21 August 2024, 2 contracts have been ceased since the last committee (COVEY Befriending (£153,000) per annum and Family mediation (£50,000) per annum. 10. Financial Implications 10.1. As previously reported, the budget gap for 2024/2025, and thereafter, is projected at £10.6 million. The full year impact of the budget recovery will be reported through the future Children and Families Revenue Budget reports reported regularly to the Committee. 10.2. The benefits of the IFSS tender (section 5) and the Transition to Independent Living Programme (section 6) will be realised in 2025/2026 with a return of children from high-cost placements back to South Lanarkshire. There will be a part year saving in 2024/2025 from the Transition to Independent Living Programme. This will be quantified following the specific transitions from current internal and external continuing care placements and any subsequent moves from high-cost external residential placements. 60
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10.3. The part year savings for the closure of the Social Work Counselling Service (section 7) and the end of out of contract services (section 9), previously agreed, will realise around £0.212 million for 2024/2025 budget with full year costs for 2025/2026 of £0.423 million. 10.4. Included within the Children and Families budget is a temporary budget realignment of £7.7 million from Adult and Older People Services arising from the reduction in pension contributions, approved by Council on 21 February 2024, to contribute towards Children and Families social care cost pressures. 10.5. The combination of the interim funding of £7.7 million, employee turnover, underspends in Justice and Performance and Support, and the actions from the budget recovery plan, should result in a break-even position for Children and Families at 31 March 2025. 11. Employee Implications 11.1. The staff displaced as a result of the counselling service review will be redeployed through the Council’s Switch 2 arrangements. 11.2. In terms of Emergency Social Work, the employee implications will not be known until the revised model has been agreed. 12. Climate Change, Sustainability and Environmental Implications 12.1. There are no climate change, sustainability, and environmental implications with this report. 13. Other Implications 13.1. To protect statutory services and address the budget pressures there is a requirement for Social Work Children and Families Social Work to actively review on an ongoing basis what and how services will be delivered in line with the current financial challenges. The Sustainability and Options Appraisal Screening Tool will inform future decision making re any changes to services. 13.2. The actions described within this report will mitigate the following risks within the Social Work Resources Risk Register:- Funding and budgetary pressures – very high Workforce Availability and Capacity – very high Meeting Public Protection and Legislative Duties – high 13.3. The current budget pressures on the allocated budget are not sustainable and all options for savings and efficiencies need to be considered. All options carry consequences which need to be balanced against the risks to financial sustainability and the Council’s ability to deliver its statutory duties with regards to Social Work Children and Families Services. To protect statutory services and address the budget pressures there is a requirement for Social Work Children and Families to review how services will be delivered, and the Council needs to determine its risk appetite for significant change in line with the current financial challenges. 14. Equality Impact Assessment and Consultation Arrangements 14.1. The appropriate impact assessments have been completed in respect of the contents of this report. 61
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14.2. Engagement and consultation have been undertaken in relation to the review of the Social Work Counselling service as identified at section 8 in the report. This included service users, social workers wider stakeholders as well as the staff within the service and appropriate exit strategies have been identified. 14.3. The proposals set out in this report have been the subject of discussion with staff, managers, Trade Unions and key stakeholders. Professor Soumen Sengupta Director, Health, and Social Care Jackie Taylor Executive Director (Finance and Corporate Resources) 11 October 2024 Link(s) to Council Values/Priorities/Outcomes Caring, connected, sustainable communities Our children and young people thrive People live the healthiest lives possible. Previous References Sustaining Social Work Children and Families Services: Budget Recovery Actions dated 6 March 2024. Sustaining Social Work Children and Families Services: Budget Recovery Update dated 21 August 2024 List of Background Papers none Contact for Further Information If you would like to inspect the background papers or want further information, please contact: - Liam Purdie, Head of Children and Justice Services Email: liam.purdie@southlanarkshire.gov.uk 62
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Appendix 1 Services Annual Budget 2024/2025 Forecast Overspend 2024/2025 £m £m Inhouse Residential Care 5.087 (0.417) External Residential Care 4.910 (8.393) Throughcare including UASC 0.000 0.396 Supported Living External 0.116 0.116 Assessment and Care Management 14.969 0.113 Community Based Services 1.526 (0.169) Fostering and Adoption 6.879 (1.444) Kinship Care 3.545 (0.954) Other Services 1.279 0.068 Young Person Service 1.144 0.036 Children and Families Shortfall 2024/2025 39.530 (10.648) 63
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Appendix 2 64
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Report Agenda Item To: Social Work Resources Committee Date: 30 October 2024 Prepared by: Director, Health and Social Care Subject: Section 11 Bail and Release from Custody Act 2024 – Provision for Emergency Release from Custody 1. Purpose of Report 1.1. The purpose of the report is to:- update members on the release planning arrangements of Section 11 Bail and Release from Custody Act 2024 and the proposed bill for early release of certain short term prisoners [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the content of the report be noted. 3. Background 3.1. On 16 May 2024 the Cabinet Secretary for Justice and Home Affairs delivered a statement to the Scottish Parliament that Scottish Prison Service prisoner population number levels were no longer manageable:- https://www.gov.scot/publications/scotlands-prison-population-justice-secretary- statement/ 3.1.1. The Cabinet Secretary presented a proposal paper to the Scottish Parliament on 29 May 2024 outlining the emergency circumstances relating to prison populations and a plan to release a number of people in line with agreed criteria. This was approved and the following arrangements laid out in a letter by the Director of Justice on 29 May 2024 (Appendix 1). 3.1.2. The release began on 26 June 2024 and ran until 25 July 2024. The release tranches were as follows:- Tranche 1 – those with less than 45 days left to serve (at point of regs coming into force) to be released on 26 to 27 June Tranche 2 – those with 45 to 89 days left to serve (at point of regs coming into force) to be released on 3 to 4 July Tranche 3 – those with 90 to 134 days left to serve (at point of regs coming into force) to be released on 10 to 11 July Tranche 4 – those with 135 to 180 days left to serve (at point of regs coming into force are to be released on 17 to18 July 9 65
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3.1.3. There was a fifth week of sweep up releases from 24 to 25 July to accommodate persons who were sentenced after the implementation of this release plan that met the inclusion criteria. 4. Implementation Arrangements 4.1. South Lanarkshire Community Justice Partners (CJP) met weekly prior to and during the release phase. Services included:- South Lanarkshire Council Justice Social Work South Lanarkshire Council Housing Services SACRO Wise Group Victim Support Community Justice Partnership Co-ordinator Alcohol and Drug Partnership (ADP) members, including Community Addictions Recovery Service (CAReS) ADP commissioned services 4.1.1. The group put in place the following arrangement to support the immediate and effective release arrangements:- Social Work and housing screening requirements and single points of contacts Information and data sharing arrangements One Stop Shop support hub Contingency Arrangements Lessons learnt feedback 4.1.2. In addition to these local arrangements, weekly discussions took place between Social Work Scotland (SWS) and the Scottish Prison Service (SPS) to ensure appropriate release arrangements were in place. South Lanarkshire Justice Social Work were in attendance and ensured the immediate sharing of relevant information within South Lanarkshire Community Justice Partnership. 4.1.3. Over the 5 weeks the following data has been collected and analysed. Due to the low numbers of people released, it would not be appropriate to disclose the figures due to risk of potential identification of individuals. 4.1.4. It was evident that all appropriate persons were screened for adult and child protection concerns by community based social work. All individuals received a housing interview and were provided with accommodation. 4.1.5. No individuals took up the offer of voluntary throughcare at our One Stop Shop hub. 4.1.6. It is noted that whilst there was no uptake in the One Stop Shop service, it was recognised that this may have been attributed to the early intervention that was provided by the Wise Group and SACRO prior to release and the existing SHORE housing officer connections within custody. These had ensured that contact was made with individuals prior to release to support transitioning to the community. 66
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4.1.7. The SPS provides an overview of national data analysis for numbers released and by each local authority area. Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024- Data Analysis Summary Report.pdf (sps.gov.uk) 4.1.8. The Scottish Prison Service undertook a formal lesson learnt exercise with Social Work Scotland, local authorities and third sector partners on 21 August 2024. This was attended by South Lanarkshire Justice Social Work and Housing Services. 4.2. The Scottish Government have indicated a formal summary of this session will be provide in due course. National themes from the event were identified as follows:- significant challenges for all agencies in responding to release arrangements given time of year (commencing during holiday period) Housing Services in all local authorities were challenged in providing accommodation. It was reflected that South Lanarkshire Council had declared a housing emergency crisis over recent months information sharing arrangements with third sector identified as areas requiring reviewing Tranche 4 prisoners identified as those with most complexities and greatest pre- release needs. These included people with the longest sentences in the cohort and more release planning support required variance in how people were notified and confirmed as being cleared for release 5. Further National Developments 5.1.1. On Wednesday 11 September 2024 the SPS confirmed the population numbers as of that date were 8,241 compared to 8,232 as of the 25 June 2024, prior to emergency release. 5.1.2. On Thursday 10 October 2024 the Cabinet Secretary for Justice and Home Affairs delivered a statement to the Scottish Parliament stating that actions are required to work towards a sustained reduction in the prison population in the immediate and longer-term. Prison population - proposed bill on release point for short term prisoners: information note - gov.scot (www.gov.scot) 5.1.3. This includes the Scottish Government’s intention to introduce primary legislation to bring forward the point of release for some short-term prisoners which requests parliament to progress on an emergency basis. The Cabinet Secretary also highlighted the important ongoing work that is underway to address the prison population and how this will be further progressed over the coming months. 5.1.4. Scoping work will be undertaken with Community Justice Partners to understand the financial and resource implications and will commence immediately. 5.1.5. South Lanarkshire Justice Social Work Services are currently working with Social Work Scotland to identify potential ways in which they can provide the Pan Lanarkshire Court Services additional opportunities to reduce the need to place people on remand and short term sentences. To date arrangements have been put in place to provide Sheriffs with verbal standdown reports in respect of bail supervision and Electronic Monitoring. This will maximise the number of cases where bail supervision could be considered within the daily court schedule. 67
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5.1.6. In addition to this work Justice Social Work Services are prioritising the re-assessment of women remanded in custody for consideration of bail supervision. This initiative has been requested by the Criminal Justice Board due to a 40% increase in female remands over September 2024. 6. Employee Implications 6.1. Whilst the early emergency release exercise required immediate and responsive staff and resource commitment, due to the short term nature of this work agencies were able to undertaken this work with no long-term adverse impact. Further costing analysis will be required in respect of the impact early release of short term prisoners, Home Detention Curfew, increased bail supervision and Electronic Monitoring will have. 7. Financial Implications 7.1. The Scottish Government has confirmed that early emergency release arrangements were to be resourced within the existing budget allocations. Further costing analysis will be required in respect of the impact that early release of short term prisoners, Home Detention Curfew, increased bail supervision and Electronic Monitoring will have as there may be a further financial and resourcing impact for Justice Services. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no climate change, sustainability or environmental implications associated with this report. 9. Other Implications 9.1. Implications have been highlighted within section 4.5 of briefing paper on 4 June 2024. 10. Equality Impact Assessment and Consultation Agreements 10.1. This report does not introduce a new policy, function, or strategy, or recommend a change to existing policy, function, or strategy and, therefore, no impact assessment is required. Professor Soumen Sengupta Director, Health and Social Care 10 October 2024 Link(s) to Council Values/Priorities/Outcomes focused on people and their needs working with and respecting others accountable, effective, efficient and transparent ambitious, self-aware and improving Previous References none 68
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List of Background Papers Appendix 1 Director of Justice Scottish Government letter 29 May 2024 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Gillian Booth, Service Manager - Children and Justice Social Work Phone: 07725886299 Email: gillian.booth@southlanarkshire.gov.uk 69
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St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot Justice Directorate Cat Dalrymple, Director E: DirectorofJustice@gov.scot ___ 29 May 2024 Dear Colleague As the Cabinet Secretary for Justice and Home Affairs set out in her most recent statement to Parliament regarding the prison population on 16 May, the Scottish Government is clear that the critical pressures experienced by the prison service and the impact that is having on prisoners and staff requires urgent action. One of the actions the Cabinet Secretary highlighted was the use of emergency release. She confirmed that if the situation in prisons didn’t improve by the time the emergency release power within the Bail and Release from Custody (Scotland) Act 2023 (section 11) came into force on 26 May, that she would bring forward regulations to seek Parliament’s approval to use these powers. Scottish Ministers are of the view that the pressures being experienced in prisons are so critical that this emergency action is needed and the Cabinet Secretary has today laid draft regulations in Parliament. I am acutely aware that using emergency release is a significant step and this is not a decision which has been taken lightly. However, we are clear that the situation in our prisons is so serious that emergency action is needed to keep people safe and to protect the security and good order of prisons. The regulations which have been laid today set out the criteria and timescales for release and provide for further information sharing with victims organisations and I wanted to provide you with some more detail on those points. Turning firstly to the criteria for release. The regulations provide that only short-term prisoners would be released under this power – should Parliament approve the regulations. That means that only individuals serving less than four years will be released. Short-term prisoners (unless they are serving sentences for sexual or terrorist offences) are released 9 71
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St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot automatically and unconditionally at the halfway point of their sentence. They are not subject to conditions or supervision on release. Furthermore, only those who are due to be released within 180 days of the regulations coming into force can be considered for release under the emergency release power. Therefore, the cohort of prisoners who would be released under this power would be individuals scheduled for release in the coming weeks. A number of automatic exclusions apply to emergency release and the following groups of prisoners will not be released: • Life sentenced prisoners (including Order of Lifelong Restrictions) • Remand prisoners • Terrorist prisoners • Individuals serving extended sentences • Individuals subject to supervised release orders • Individuals subject to the sex offenders notification requirements • Individuals liable for removal from the UK or subject to extradition • Prisoners serving sentences following conviction under Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (2016 Act), Domestic Abuse (Scotland) Act 2018 (2018 Act), or the Domestic Abuse (protection) (Scotland) Act 2021 (the 2021 Act) As you will see from the regulations, a number of additional criteria have been added which are intended as further safeguards. In addition to the above exclusions, anyone who has previously served a sentence of imprisonment following conviction under the 2018 Act or an offence aggravated under the 2016 Act will also be automatically prevented from being released, provided their conviction is not spent. Prisoners who are subject to a non-harassment order will also not be released as part of the emergency release process. A Governor veto will also apply which allows prison governors to prevent the release of an otherwise eligible prisoner if they think that they would pose an immediate risk of harm to a specified individual or group of individuals if released. Turning now to timescales. If Parliament approve the regulations, release will take place in 4 separate tranches. Releasing in this phased way is intended to mitigate the impact on community services, allowing for improved access to support. Releases will begin on 26 June and the process will run until 18 July. The tranches are as follows: Tranche 1 – those with less than 45 days left to serve (at point of regs coming into force) are to be released on 26- 27 June Tranche 2 – those with 45-89 days left to serve (at point of regs coming into force) are to be released on 3-4 July. Tranche 3 – those with 90-134 days left to serve (at point of regs coming into force) are to be released on 10-11 July Tranche 4 – those with 135-180 days left to serve (at point of regs coming into force are to be released on 17 July -18 July. 72
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St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot The regulations also include a provision that will allow for any eligible prisoner whose release is not completed within the appropriate tranche to be released as soon afterwards as is practicable, but no later than the final release date of 25 July. I also wanted to highlight a very important addition to the regulations which relates to the provision of information to victim support organisations about the release of prisoners under this power. Section 14 of the Bail and Release from Custody (Scotland) Act 2023 provides the ability for victims to nominate a victim support organisation (VSO) to receive certain information about the prisoner in their case at the same time as them, or on their behalf. Section 14 also provides that a VSO, can ask for certain information about a prisoner to inform the support they are providing to the victim in the case. This allows for a more trauma informed approach. Section 14 was brought into force at the same time as section 11 on 26 May. In order for VSOs to receive the information I have described, they must be named in regulations. That is an important data protection safeguard. That is why we have also prescribed four VSOs within the emergency release regulations. That will enable the named organisations to be provided with information about the release of a prisoner if the victim in their case intimates that they wish the VSO to receive this information and provides their consent. Those VSOs are Victim Support Scotland, Rape Crisis Scotland, ASSIST and Children 1st. Information Sharing Agreements between the named VSOs and SPS are currently in development to allow the proportionate sharing of information about the release of prisoners under this emergency release process. I hope this provides some additional context and I would be happy to discuss these regulations in more detail with you, should you wish to. We will continue to keep you informed as this work develops. Yours sincerely CAT DALRYMPLE 73
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Report Agenda Item Report to: Social Work Resources Committee Date of Meeting: 30 October 2024 Report by: Director, Health and Social Care Subject: Consultation on Children’s Hearing Redesign – Response 1. Purpose of Report 1.1. The purpose of the report is to:- inform the Committee of the response to the Children’s Hearing Redesign – Policy Proposals Consultation [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the content of this report be noted; and (2) that the appended response to the Scottish Government’s consultation on the Children’s Hearing Redesign, submitted on 28 October 2024 following consultation with the Chair of Social Work Resources Committee, be noted. 3. Background 3.1. In May 2023, the Hearings for Children: The report of the Hearings System Working Group (HSWG) was published, setting out a package of reforms aimed at ensuring better support for children in need of care and protection. In order to deliver the non- legislative changes proposed in the report, the Children’s Hearings Redesign Board was created. The Scottish Government has also then published the Children's hearings redesign consultation in order to consider what changes to the law will be required to enable and support the redesign of the Children’s Hearings System. 3.2. The Scottish Government published a consultation paper on 26 July 2024 seeking responses by 28 October 2024. The proposals reflect the Scottish Government’s December 2023 response to the HSWG focusing on the legislative elements of system redesign. It seeks views on specific procedural changes proposed to the children’s hearings system and expansion of the principles which underpin the system. 3.3. The appended response to the consultation has been prepared jointly by Social Work Resources and Legal Services, with the position being probably supportive of the proposals. Given that the deadline for responses to be submitted is prior to the meeting of the Social Work Resources Committee on 30 October 2024, the response at Appendix 1 has been agreed in consultation with the Chair of the Committee such that it could be submitted within the timescales set. 10 75
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3.4. The Scottish Government have stated that consultation responses will be analysed and an independent report produced in early 2025. The Scottish Government have also stated that the proposed and as yet un-named Bill is anticipated in mid-2025 to 2026; and information regarding resourcing, implementation and commencement of a redesigned system expected between 2027 to 2030. This is subject upon their being the ability for this to be progressed within the lifetime of the current Scottish Parliament. 4. Summary of the Consultation Proposals 4.1. Policy Aims 4.1.1. The Scottish Government have recognised that the principles of the Kilbrandon Report are well established and continue to be the correct ones to underpin a redesigned children’s hearings system, and accordingly have no plans to change this fundamental approach. However, the HSWG report noted that the Children’s Hearing System is largely seen as adversarial, which often brings with it negative consequences for participants. Although some tribunals (such as the Employment Tribunal) are by their nature adversarial, others (such as the Education Tribunal and Mental Health Tribunal) function in a more inquisitorial way, and are specifically tasked with determining the best outcome for an individual. This is achieved by setting out overarching principals for the discharge of the functions of the Tribunal. The desired aim, therefore, is for the Children’s Hearing to have the characteristics of an inquiry into the needs of a child. This consultation, therefore, asks what principles should underpin a redesigned system and why; and whether it is necessary to enshrine those in legislation. It then explores a number of themes including (but not limited to): Procedure before a hearing Grounds for Referral Role of the Reporter The Children’s Panel and Children’s Hearings Procedure after a Children’s Hearing 4.1.2. The policy aims of the proposed legislative changes can be summarised as follows: children’s hearings system meets the needs, and respects the rights, of all the children and families it serves the processes of the children’s hearings system should support children and families to properly participate and engage - with the referred child always at the centre minimise the obligations and expectations on children and families to prepare for, and to attend proceedings - while preserving essential rights and participation protections support the children's hearings system to become more inquisitorial and to minimise the application of adversarial proceedings, without diminishing the significance of the process system and the professionals operating within it have the capacity to deliver what each child needs each child continues to be treated in a way that is trauma-informed and accounts for their age and stage of development other technical and procedural alterations where it is necessary, appropriate or beneficial to ensure processes and procedures work more effectively 76
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4.2. Proposals relating to the procedure before a Children’s Hearing 4.2.1. The HSWG report noted that language used can have a profound impact on children and young people. There is a recognition that the terms “treatment” and “control” in particular are in need of modernisation. Views are, therefore, sought in respect of the proposed amendment to the referral criteria in order to ensure the use of common, accessible and sensitive language across the children’s hearings system. 4.2.2. Particular consideration is given to the information held by the people who know the child best, including those working closely alongside them, and foster, kinship and adoptive parents. The Scottish Government considers that legislative or policy changes may be needed to the definition of ‘relevant person’ status to facilitate these changes, and to ensure the participation and engagement of a broader range of people in a hearing. 4.2.3. There is potential to remove the obligation for a child to attend a hearing, replaced with a presumption that they will attend. The consultation asks for exploration of how we appropriately capture the voices and experiences of very young children; and how we amplify and capture children’s voices throughout the process. 4.3. Grounds for Referral and Associated Processes 4.3.1. The Consultation asks for consideration to be given to reframing the grounds of referral to take a rights-based approach to help families to better understand why grounds are being established. In particular, the suggestion is that the new approach should be aligned to wellbeing indicators and expectations, giving a better measure for change; and a more positive experience for families. 4.3.2. There is a proposal for increased engagement between the Children’s Reporter and children and families, and the potential for a post-referral discussion. 4.3.3. There is a proposal that the current method for establishing grounds of referral be replaced entirely by ‘fact finding hearings’ to be presided over by a new, legally qualified member operating within the environment of the children’s hearings system, taking this process out of the Sheriff Court. To complement this, it is further proposed that a time limit for establishing grounds be imposed, and that there be scope for appointing Safeguarders at a very early stage. There is also a proposal to remove the requirement for young children to agree with the grounds for referral. 4.4. Role of the Children’s Reporter 4.4.1. Views are sought regarding the enhancement of the role of the Children's Reporter, particularly in relation to a pre-referral role, their increased role in pre-birth Child Protection planning, and their increased ability to call a hearing in certain circumstances. 4.5. The Children’s Panel and Children’s Hearings 4.5.1. The HSWG report made a specific recommendation that there would be a consistent, highly-qualified (paid) Chair of the Panel and two Panel Members. The Scottish Government has not accepted that recommendation and instead seeks views on a variety of proposals for composition of the Children’s Panel. 77
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4.5.2. Views are sought in relation to the roles of the Chair of the Children’s Hearing, as a result of the recommendation that there should be a full-time chairing member, who should potential be consistent throughout a case, and should meet with a child and family before a Hearing. It also asks whether the Chair has sufficient powers to ensure protection of the rights of all involved. The issue of continuity of Panel members generally is also considered. 4.5.3. The method of decision-making is considered in the Consultation. Currently the decision is by majority, each decision is given separately and delivered in front of the family. Views are sought as to whether this should continue to operate, or whether there should be a break for discussion in order to minimise repetition and traumatisation; and whether minority views should be recorded. 4.5.4. The issue of specificity of measures is considered. The Consultation asks whether more clarity is needed in Hearing decisions to assist children to challenge interventions and restrictions that have not been authorised by a Sheriff or a Hearing. 4.5.5. Views are sought as to whether the current timescales for written confirmation of decisions and receipt of papers are appropriate. 4.5.6. The Consultation considers the recommendation that it may be appropriate for some Panel members to make certain decisions alone without recourse to a full three- member Hearing; and asks for views about when that would be appropriate. 4.5.7. In response to the largely positive response from children and young people in the HSWG report, the consultation includes a proposal to record Hearings; and seeks views on the potential benefits and consequences of this. 4.5.8. Views are sought as to whether there should be a statutory requirement to produce age- and stage- appropriate summaries of Children’s Hearing decisions. 4.5.9. The Consultation asks whether it is appropriate for Children’s Hearings proceedings to be deferred in favour of Family Group Decision Making (FGDM) and Restorative Justice, in line with the minimum intervention principle. 4.6. After a Children’s Hearing 4.6.1. Currently, an interim Compulsory Supervision Order can only run for a maximum of 22 days without review. Under the emergency provisions introduced by the Coronavirus (Scotland) Act 2020, this was temporarily extended to 44 days; and this supplied an evidence base for the proposal in the consultation that there could be more flexibility in interim orders, so long as that is applied flexibly, but proportionately and to suit the best interest of the child. 4.6.2. The Consultation seeks views in relation to the concept of a child’s exit plan in response to concerns raised by children and families that there is often no clear understanding of what needs to happen to “exit” the children’s hearings system 4.6.3. The HSWG report considered secure accommodation for children and emphasised that this should only be a temporary measure. The Scottish Government’s view is that the current timescales in relation to review of secure placements remain appropriate and seeks views in relation to those timescales. 78
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4.6.4. Finally, in very general terms, the Consultation asks whether any other legislation is necessary in order to deliver a successfully resigned children’s hearing system. 5. Employee Implications 5.1. The redesign of the children’s hearing system will require a significant amount of training and guidance to be provided to staff who come into contact with the system, and who support Looked After Children. If, as the proposals suggest, the Children’s Reporter is to be involved in pre-birth Child Protection planning, then multi-agency working practices will have to be amended. 6. Financial Implications 6.1. There is no information available as yet to indicate whether additional resources will be available to Local Authorities to secure compliance with the proposals, were they to become enacted. However, the wholesale changes to the system proposed will undoubtedly have resource implications. A Financial Memorandum would accompany any Bill and be assessed at that time. 7. Climate Change, Sustainability and Environmental Implications 7.1 There are no climate change, sustainability or environmental implications associated with this report. 8. Other Implications 8.1. The council’s internal processes, procedures and documents would require to be reviewed and updated to take account of the proposals, were they to become law, and any new rules or statutory guidance issued under that Act. However, until these are published the extent of the potential impact cannot be assessed. 9. Equality Impact Assessment and Consultation Arrangements 9.1 There is no requirement to carry out an equality impact assessment, or other impact assessment, in relation to the proposals within this report. Professor Soumen Sengupta Director, Health and Social Care 11 October 2024 Link(s) to Council Values/Priorities/Outcomes accountable, effective, efficient and transparent fair, open and sustainable ambitious, self-aware and improving 79
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Previous References None List of Background Papers Hearings for Children: The report of the Hearings System Working Group: https://www.gov.scot/binaries/content/documents/govscot/publications/progress- report/2023/12/scottish-government-response-hearings-children- report/documents/hearings-children-report-hearings-system-working-group/hearings- children-report-hearings-system-working-group/govscot%3Adocument/hearings- children-report-hearings-system-working-group.pdf Children's hearings redesign: https://consult.gov.scot/children-and-families/childrens- hearing-redesign/ The Kilbradon Report: https://www.gov.scot/publications/kilbrandon-report/pages/1/ Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Aine McCrea, Child and Family Service Manager Ext : 3943( 01698 453943) Email: aine.mccrea@southlanarkshire.gov.uk Iain Strachan, Head of Administration and Legal Services Ext: 4516 (Tel: 01698 454658) Email: iain.strachan@southlanarkshire.gov.uk 80
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The Principles of a redesigned children's hearings system 1. What principles should underpin a redesigned children’s hearings system and why? The current principles are thought to be of assistance - the paramountcy of the child's welfare, no order should be made unless it is is better for the child, and consideration and inclusion of the child's views. Inclusion in legislation is thought to be necessary. Of particular importance is alignment with the responses of children to the Promise review. 2. What would be the advantages and disadvantages of setting out overarching principles in legislation? advantages Formal recognition that children in contact with the system require support and care; and recognition of the views of stakeholders disadvantages None Statutory referral criteria The Scottish Government is supportive of the ongoing work to promote the common use of accessible and sensitive language across the children’s hearings system. We are interested in respondents’ views on whether the existing criteria need to be updated in the way suggested by the report, and why. (See section 5.1 of the consultation document) 3. What elements of language in the existing referral criteria need to be updated, if any? ✓Control ✓Treatment Please provide any other "elements of language" needing to be updated None 4. Do you support the proposed referral criteria from the Hearings for Children report? Yes ✓ No Please explain your answer The referral criteria is supported to an extent. Some of the current wording is outdated; however care must be given to the potential implications of the change to "likely to be needed" 5. What are the advantages or disadvantages of the proposed draft referral criteria? advantages Modernisation of language disadvantages Lack of consistency across practice and established case law. 6. Do you have any other comments about potential changes to the referral criteria? Please give us your views No 10 81
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7. Do you support the proposal to change the applicable referral test that compulsory supervision ‘might be necessary’ to it being ‘likely to be needed’? Yes No✓ Please explain your answer There is a positive inference from the term "likely to be needed" which is not so apparent in "might be necessary". The test appears higher, which may have a bearing on the input from the Panel and the referrals accepted. Relevant persons Views are invited on where and how the current arrangements could be improved. In particular, we are interested in whether respondents’ feel it is necessary to legislate for the participation and engagement of a broader range of people in the preparation for a hearing. We would particularly be interested in views on whether there would be advantages in creating an additional class of person with certain rights to provide their views at an early stage, and to participate appropriately as the case proceeds. (See section 5.2 of the consultation document) 8. What are the advantages and disadvantages of the current definition of “relevant person”? advantages Following extensive litigation, regular users of the system now have a fairly well established understanding of relevant persons and the extent to which they are entitled to participate in the process. disadvantages A user has to be familiar with the system to understand the definition. Children in particular struggle to understand why people who are already "relevant" to them appear to have to further satisfy a Panel in order to have a say in what happens to them. 9. Should the legislation include a definition of “parent” and if so, what should it be? Yes✓ No Please explain your answer The current definition is sufficient, however not particularly easy to find 10. Do you have any views on whether it would be appropriate for a hearing to have the power to remove relevant person status from any relevant person in certain circumstances and if so, please explain? Please give us your views It would be inappropriate to remove relevant person status from a parent. The Panel makes decisions which interfere with fundamental human rights; and should not be empowered to remove that status. 11. What are the advantages and disadvantages of an earlier process for deeming other people to be relevant persons? advantages Minimise delays in the process and deferred hearings. disadvantages None 82
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12. What changes could be made to legislation to enable more effective gathering of information prior to a hearing and to support proper opportunities to participate for other people in the child’s life? More responsibility on the Reporter at the preliminary stage in order to establish that all parties who ought to be represented or heard at a Panel have the opportunity to do so. 14. What are the advantages and disadvantages of the creation of an additional class of person whose views and participation are essential to the business of the hearing, but do not require the full rights and obligations of a relevant person? advantages We have seen the advantages of this with recent changes in legislation allowing siblings to take part in hearings and give a view in relation to contact. It allows Panels to take account of the wider dynamic of a child's life and be fully informed before making decisions. disadvantages Siblings can be manipulated by parents, often giving them a second opportunity to participate through a child when decisions about contact have been made. This can expose vulnerable children to further trauma; and we are unsure whether there are appropriate safeguards in place at present. Participation and attendance Views are sought on how to enable children to have a clear choice of how to participate in their hearing and alternative options for capturing their views. (See section 5.3 of the consultation document) 15. Do you agree with the recommendation to remove the child’s obligation to attend their hearing, to be replaced with a presumption that the child will attend? Yes✓ No If yes, what limitations would need to be applied to this presumption? We would agree that there should be no presumption that babies and infants will attend 16. Does the hearing need a power to overrule the child’s preference not to attend their hearing in certain circumstances? Yes✓ No Please explain your answer There are times when it is appropriate and necessary for a child to attend a hearing, including when the Panel is considering offence grounds 17. What steps could be taken to support the child’s participation and protect their rights, if they choose not to attend their hearing? Please give us your views There are a variety of ways children and young people can be supported to participate. Social Workers and foster carers often act as a child's advocate in any event. The "Having Your Say" form is generic and not particularly tailored to the business of the Panel, but there are many creative ways in which children can express a view, and Social Work staff regularly encourage and support children and young people to do so. 18. Should a child still be obliged to attend hearings held in consequence of offence referrals, or in consequence of the 2011 Act section 67(m) ‘conduct’ ground? Yes✓ 83
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No Please explain your answer The implication for children and young people in these circumstances are sufficiently serious as to require their attendance at a hearing. Voices of very young children Where the hearing relates to babies and infants who are too young to express a preference regarding their participation, the Hearings for Children report recommends: “The voices and experiences of babies and infants must be captured and shared with the [hearing].” 19. Do you agree that particular arrangements should be made to capture and share the voices and experiences of very young children in a redesigned children’s hearings system? Yes✓ No If so, what should those arrangements be? This should be specific to the child. The understanding of infant mental health continues to develop. The offer of advocacy to the child It is important that, in advance of a hearing, children and young people of all ages are involved in the consideration of how they can appropriately give their views. Where necessary, this should involve the support of a children’s advocacy worker, and the Hearings for Children report also recommends “there should be an immediate offer of advocacy at the point of referral to the Reporter for all children” and“the offer of advocacy should be repeated to children and to their families at different stages of the process.” The current section 122 of the 2011 Act states that the chairing member of a hearing must inform the child of the availability of children’s advocacy services. In practice, the offer of advocacy does happen before the children’s hearing. 20. Should the focus and wording of section 122 of the 2011 Act be reformed to reflect an earlier, more agile and flexible approach to the offer of advocacy to the child? Yes✓ No Please explain your answer Currently the offer of formal advocacy can be inconsistent and piecemeal; however there are some concerns about uninstructed advocacy, and the lack of regulation of advocacy services. 21. How should the rights and the views of children and young people of all ages, including very young children, be better represented in the children’s hearings decision making? Please give us your views A specific section in the decision and reasons to indicate that the child's view has been sought and considered would be of assistance. 84
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22. Should there be a statutory obligation to support the sharing of information to advocacy workers, and other people who can help children and families to understand their rights? Yes No✓ Please explain your answer There is a sufficient legislative framework which works alongside the current advice and information network. This has to balance assisting people to understand their rights with protection of the rights of others. Amplifying children’s voices throughout the process The Scottish Government is interested in the views of respondents on how changes to participation might operate in practice, to ensure children’s rights and best interests are upheld, and their views and wishes reflected to decisionmakers. (See section 5.6 of the consultation document) The Scottish Government considers that there may be value in the creation of a statutory process, undertaken by the children’s reporter, which: • records what has been done up to the point of referral to gather the child’s views, including confirming that they have been offered advocacy • applies a “best interests” test regarding appropriate participation prior to a hearing being arranged. This would account for the child’s views on how they wish to attend/participate, their age and stage of development, and the nature of the matters due to be considered by the hearing • makes any necessary further arrangements to gather the child’s views and support their ongoing participation. This would include additional offers of advocacy and bespoke and enhanced forms of participation depending on the age and stage of the child, or any other needs they may have 23. Do you support the creation of a statutory process, undertaken by the children’s reporter, to record the capturing of children’s views and participation preferences? Yes✓ No Please explain your answer For reasons previously explained Provision of papers We are interested in would be interested in respondents’ opinions on the timeframe requirements in the current 2013 Rules of Procedure. (See section 5.7 of the consultation document) 24. Should the timeframes for the provision of papers in advance of a children’s hearing to the child and relevant persons as set out in the 2013 Rules of Procedure be altered? Yes✓ No 85
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Please explain your answer We would agree that there are benefits in allowing participants more time to prepare for a hearing 25. Should the timeframes for the provision of papers to children’s panel members as set out in the 2013 Rules of Procedure be altered? Yes✓ No Please explain your answer We would agree that there are benefits in allowing Panel members more time to prepare for a hearing Grounds of referral: concept and language Hearings for Children recommended that: The drafting of grounds and the Statement of Facts should be reframed to take a rights-based approach to help families to better understand why grounds are being established and recognise themselves in the drafting. (See section 6.1 of the consultation document) 26. Do you consider the current scheme of stating the grounds of referral sufficiently promotes the understanding of children and families as to why they are in the children’s hearings system? Yes No✓ Please explain your answer The current scheme uses very "legal" language and can be difficult for laypersons to understand. 27. Do you agree that there should be changes to the current approach to grounds of referral? Yes✓ No Please explain your answer In the spirit of collaborative working with families, and in line with a more inquisitorial system, more accessible language would be beneficial. 28. Do you agree with the proposal to set grounds positively as a range of wellbeing- orientated entitlements, before clarifying how the child’s experience or conduct falls short of expectations - to the point that compulsory care is needed? Yes✓ No Please explain your answer This potential offers a more positive experience for families, but also offers a way to measure change. 29. If a new scheme of grounds based on unmet expectations around wellbeing indicators were to be introduced, are any safeguards needed (statutory or operational)? Yes✓ No Please explain your answer The new scheme should be capable of articulating all of the significant welfare concerns that can bring children and young people into contact with the Hearings system. 86
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Children’s views within Reporter investigation and decision making – a post-referral discussion? The Scottish Government would welcome respondents’ views on the suggestion for a post- referral discussion. (See section 6.4 of the consultation document) 30. Do you support the introduction of the offer of a post-referral discussion between the children’s reporter and the child and family? Yes No✓ Who else, if anyone, should attend a post-referral discussion? This potentially adds an additional (potentially appealable) and unnecessary stage in what is already a lengthy and difficult process for families. Establishing grounds of referral The Scottish Government invites views on the proposal that grounds hearings be replaced with fact finding hearings to be presided over by a new, legally qualified member operating within the environment of the children’s hearings system (the “legal member”). (See section 6.5 of the consultation document) 31. What would be the advantages and disadvantages of passing the fact finding function from sheriffs to a new cohort of legal members within the redesigned children’s hearings system? advantages This would remove the process from the busy court system and create a new and more specialist group of decision makers, which would in turn potentially reduce the time taken to establish grounds. It would bring the system in line with the Education and Mental Health tribunals. The environment would be more child friendly than the Sheriff Court. disadvantages None 32. Do you consider that this proposal fulfils the intention of the recommendation from the Hearings for Children report that there should be a consistent specialist sheriff throughout the process? Yes✓ No Please explain your answer It ensures that there are consistent decision makers who are experienced in this particular area 33. Do you have any views on the proposed retention of the appeal arrangements within a redesigned children’s hearings system? Yes✓ No Please explain your answer Appeals to the Sheriff are considered appropriate 87
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34. Other than a legal member or sheriff is there another person or body who could: present the statement of grounds to the child and family and receive responses? make interim orders? Please explain your answer No - specially trained legal members or a Sheriff are the appropriate parties 35. What would be the advantages and disadvantages to replacing grounds hearings with a fact finding hearing where the process would be undertaken by a single ‘legal member’? advantages see previous answer re introduction of legal members generally disadvantages None 36. Is it proportionate and necessary for there to be a fact finding hearing in every case? Yes✓ No Babies, infants, very young children and the grounds of referral The Scottish Government is interested in respondents’ views on whether any additional safeguards would be needed for very young children in a redesigned grounds process. (See section 6.6 of the consultation document) 37. In order to safeguard the interests of very young children, should the legal member or sheriff have discretion to convene a fact finding hearing, even if all relevant persons accept the statement of grounds? Yes✓ No Please explain your answer This allows the decision maker to protect the childs interest by responding to each individual set of facts and circumstances 38. Do you have any other views about how the youngest children should be supported in this part of the process to establish grounds of referral? Please give us your views No Statutory time limits in establishing grounds of referral The Scottish Government is interested in respondents’ views around introducing a procedural rule whereby if the grounds of referral have not been established by a specified time, that situation should trigger a review by the decision maker (be that a sheriff or legal member). (See section 6.7 of the consultation document) 39. A period of three months has been suggested as a time limit for triggering a review where an application to determine grounds of referral has not been dealt with. Please give us your views 88
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Three months is an appropriate time limit 40. Do you support a defined time period for triggering a review of the progress of the case? Yes✓ No If you support defining a time period, but not the suggested three months, should another time period be considered? Three months is an appropriate time limit Potential involvement of safeguarder in grounds establishment proceedings The Scottish Government seeks respondents’ views on the potential involvement of safeguarders during and beyond grounds establishment in redesigned children’s hearings proceedings. (See section 6.8 of the consultation document) 41. Do you agree that there should be earlier consideration of the appointment of a safeguarder in a redesigned system? Yes No✓ Please explain your answer Safeguarders are currently considered at the outset of a case 42. Should the proposed legal member have discretion to appoint a safeguarder to assist them with establishing the grounds of referral? Yes✓ No Please explain your answer A safeguarder's input should always be available where the child's interests may not have been appropriately safeguarded 43. Do you support the suggestion that a safeguarder’s early appointment to a child (before grounds have been established) should be presumed to end once grounds have been established? Yes✓ No Please explain your answer This is supported so long as there is no further role for the safeguarder. There should be some discretion for extension of the appointment. Pre-birth activity by the children’s reporter To further inform the Scottish Government’s considerations, respondents’ views are sought on proposals for expanding the children’s reporter’s role to pre-birth situations. (See section 7.2 of the consultation document) 44. How could a redesigned children’s hearings system better protect babies shortly after their birth? Please give us your views 89
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Inclusion of the Children's Reporter in pre-birth Child Protection planning, in order that the Reporter is fully advised of the facts and circumstances surrounding any post birth referral 45. What can be done to improve interagency pre-birth preparatory work? Please give us your views Increased inter-agency communication. Increased resources. 46. Do you agree that non-statutory action (practice improvements and guidance updates) is sufficient to deliver an enhanced pre-referral role for the children’s reporter in a redesigned hearings system? Yes✓ No Please explain your answer Pre-birth planning is well-established and non-statutory. The Child Protection procedures are non-statutory. The inclusion of the Reporter would not require statutory action. Children’s reporter’s ability to call a review hearing The Scottish Government wishes to consult on whether the current three month period within which a CSO cannot be reviewed - at the request of a child, relevant person or other entitled person - should be abolished or shortened. (See section 7.4 of the consultation document) 47. Do you think it would be appropriate for the children’s reporter to be able to initiate a review hearing before the expiry of the relevant period? Yes✓ No Please explain your answer If new welfare concerns come to light this would allow them to be dealt with timeously 48. Do you think the statutory three month period should be revised so that individuals who are entitled to request a review of a child’s compulsory supervision order (CSO) can do so within a shorter time period? Yes✓ No Please explain your answer This would allow concerns to be raised with a Panel in relatively short course in the event that a significant change has taken place, especially in respect of a very young child 49. Do you consider that a child being re-referred to the children’s reporter within a certain timeframe should result in that ‘re-referral’ being treated as forming part of the pre-existing referral? Yes✓ No If yes, what is an appropriate timeframe from the original referral for re-referrals to be treated in this way? Within three months; so long as there is sufficient similarity within the grounds A redesigned children’s panel Views are sought on the possibility of some measure of payment for panel members. (See section 8.1 of the consultation document) 90
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50. Do you believe the children’s panel element of the children’s hearings system should retain the unpaid lay volunteer model in whole or in part? Yes✓ No 51. Would you support some measure of payment for panel members, over and above the current system of expenses, in return for the introduction of new and updated expectations? Yes No✓ 52. Do you have any views on the introduction of new roles into the children’s panel? Paid Chair Paid specialist Panel Member – possibly including care-experience Paid Panel Member Volunteer Panel Member Please explain your answer The mix of paid and volunteer roles leads to inequality and may affect the available pool of Panel Members. Our primary concern is that Panel Members should be appropriately prepared for the role. 53. Recognising that payment of panel members/chairing members would represent a significant new national investment in decision making, do you have views on priority resourcing for other parts of the system? Yes No✓ Please explain your answer 54. Each children’s hearing currently consists of 3 panel members, with one chairing: Yes No Should the number of panel members required for each hearing be reduced? ✓ Should all panel members, on completion of appropriate training, still be required to chair hearings? ✓ Should some children’s panel members be paid for ‘specialist’ knowledge, while others’ involvement remains voluntary? E.g. a specialist panel member may have a particular qualification or expertise in childhood development, ACEs, or be a professional with prior experience of working with ✓ 91
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Yes No children in some other capacity. Should care-experienced members be considered ‘specialist’ given their experiences of the system? ✓ Engagement with the Chairing member before the Children’s Hearing Views are sought in relation to the potential engagement with the chiar before the children's hearing. (See section 8.3 of the consultation document) 55. Should the chairing member of the hearing meet the referred child, their family or representatives to welcome them to the centre and offer any appropriate explanations and reassurances before the actual children’s hearing? Yes No✓ Please explain your answer No. This can be achieved in other ways and has the potential to blur boundaries between procedures. 56. If a meeting is held in the hearings centre with the chairing member, would you support this being an informal meeting? Yes No✓ Please explain your answer We do not support this. Children’s hearings decision making in a redesigned children’s hearings system The Scottish Government would welcome respondents’ views on whether the majority decision approach should be maintained, or whether in light of potential changes to the decision-making model, there should be consideration given to alternative approaches. (See section 8.4 of the consultation document) 57. Do you support the proposal that the children’s hearing should have a brief period of recess/adjournment before reaching their decision and sharing it with those present? Yes✓ No 58. Do you agree that the majority decision-making approach should be maintained? Yes✓ No 92
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59. Should the children’s hearing be asked to reach a unanimous decision during adjournment, in order to minimise repetition and potential retraumatisation? Yes No✓ 60. If a majority decision approach remains, would you agree that any dissenting decision should be noted and explained? Yes✓ No Decision-making and specificity of measures in a Compulsory Supervision Order (CSO) The Scottish Government welcomes views on decision-making and specificity of measures in a Compulsory Supervision Order (CSO). (See section 8.5 of the consultation document) 61. Do you agree that it is desirable or necessary to introduce clearer authorisation for particular interventions with children, or particular interferences with their liberty, on the face of measures included in an Interim Compulsory Supervision Order or Compulsory Supervision? Yes No✓ Please explain your answer The measures ought to be sufficiently specific in their authorisation so as to be understood by all parties 62. If so, do you agree that a ‘maximum authorised intervention’ is an appropriate means of delivering that clarity to children and to professionals? Yes No✓ Please explain your answer The wording of each measure should be specific and clear. Interventions should be specifically authorised in order that all parties can understand their purpose and limit. Timely notification of children’s hearings decisions Views are sought in regard to the timely notification of children’s hearings decisions. (See section 8.6 of the consultation document) 63. Is the current time frames for written confirmation of the decision by the children’s hearing (5 working days) still appropriate? Yes✓ No Please explain your answer 5 working days is appropriate 64. Should certain children’s decisions (e.g for an ICSO) have accelerated notification timeframes, relative to the urgency of the decision? Yes No✓ 93
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Please explain your answer 5 working days is appropriate - the decision is communicated to parties at the Hearing 65. Should consistency or continuity of chairing members be the default position for each child’s hearing? Yes No✓ 66. Would you support one single children’s panel member’s consistent involvement as an alternative approach? Yes No✓ Substantive vs procedural decisions Substantive vs Procedural decisions (See section 8.8 of the consultation document) 67. Should children’s panel members or chairing members, for certain procedural decisions, be able to take decisions without recourse to a full three member children’s hearing? Yes✓ No Please explain your answer Only in very limited cases, such as deeming/undeeming a relevant person, excusing a party, attendance by electronic means etc. It is notable that advice hearings are now seen as procedural and capable of being reduced to the remit of one panel member. 68. Are there other areas you would consider appropriate for a single-member decision making approach? Yes✓ No Please explain your answer Extending an interim order in certain circumstances (see later comments) 69. Would you propose additional safeguards to accompany these proceedings and decisions? Yes No✓ Please explain your answer Not beyond the existing routes of appeal The Powers of the Chair during a children's hearing Views are welcomed on empowering the chairing member to take difficult decisions on participation and attendance. (See section 8.9 of the consultation document) 70. Would it be beneficial for the chairing member to have a robust and clearly stated set of powers to manage how and when people attend and participate in the different phases of a children’s hearing? 94
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Yes✓ No 71. Are the existing powers of the chairing member and of the hearing sufficient to protect the rights of all involved? Yes✓ No Please explain your answer The Hearing currently has sufficient powers to gather information, instruct reports and manage the meeting appropriately; including and excluding parties as necessary. However all Panel members must be appropriately and thoroughly trained in order to be prepared for the complex task that is asked of them. 72. What enhancements could be made to the existing powers of the chairing member and the hearing to promote inquisitorial approaches? Please give us your views See previous answer Recording of children’s hearings Respondents’ views are therefore sought about whether hearings, in full or in part, should in principle be recorded. Comments and suggestions are also invited about the benefits and risks of video, audio or written recordings. (See section 8.10 of the consultation document) 73. In your view, should children’s hearings be routinely recorded? Yes✓ No Written Audio Video Other If yes - which method of recording should be routinely used? ✓ 74. What are the main benefits and risks of this method of recording hearings? benefits Accurate recording of participation risks Impact on participation 75. If only the decision element of a children’s hearing were to be recorded, would this change your view? Yes✓ No 95
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Child friendly summaries of decisions Views are sought on the provision of child friendly, plain English summaries of decisions. (See section 8.11 of the consultation document) 76. Should there be a statutory requirement for the production of age and stage appropriate summaries of Children’s Hearing decisions? Yes✓ No 77. Should the specific needs of other family members, especially other children, be taken into account when decisions and reasons are being prepared and issued? Yes✓ No Please explain your answer The decisions and reasons should be as accessible as possible; however they should be an accurate reflection of the discussion and capable of being sufficiently robust in order that they can be used by all partied in appeal proceedings Family Group Decision Making (FGDM) and restorative justice We are seeking views on the operation of Family Group Decision Making (FGDM) and restorative justice services, and how they may appropriately interact with children’s hearings, require careful consideration. (See section 8.12 of the consultation document) 78. Is it appropriate for children’s hearings to defer their decision in order for Family Group Decision Making or restorative justice processes to be offered, or to take place? Yes✓ No Please explain your answer This is in line with the no order principal. If there is scope for families to work with services voluntarily and without compulsion then it should be pursued. 79. What other ways could consideration of these processes feature in the redesigned hearings system? Please give us your views These services are not yet national - they could be considered as a matter of course, where appropriate. The length of interim orders We are interested in respondents’ views on how we can make positive changes with respect to the duration of interim orders, while safeguarding the rights of children and families. (See section 9.1 of the consultation document) 80. What are the advantages and disadvantages of increasing the statutory 22 day time limit for the duration of interim compulsory supervision orders (ICSOs)? advantages 96
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22 days is a very short period to give effect to a care plan; and regular review (often without change) can be re-traumatising for children and their families. Increasing the period would allow an interim order to be tailored to a child's plan disadvantages None 81. Do you feel that there should be more flexibility in the duration of these interim orders? Yes✓ No If so, in what circumstances and what maximum duration do you consider appropriate? This should be responsive to the child's needs. 3 months. 82. Could ICSO reviews be undertaken by lone children’s panel members? (See section 8.8 of the consultation document) Yes✓ No Please explain your answer In the event that an interim order was in place awaiting a particular event (i.e. other court proceedings, the submission of a report etc) this would allow the review and extension of the ICSO as a procedural necessity without the requirement for a full panel 83. Do you support the proposal to create a child’s exit plan from the children’s hearings system? Yes No✓ 84. What elements should be included in a child’s exit plan? Please give us your views There are already arrangements in place for a child's exit plan. When termination of an order is proposed, this should be accompanied by a plan. Additional safeguards such as Throughcare and Aftercare are available. System redesign overall System Redesign Overall (See section 9.3 of the consultation document) 85. Do you have any other suggestions where you consider that new legislation is needed to deliver a successfully redesigned children’s hearings system? Please give us your views None Secure accommodation timescales for review Secure accommodation timescales for review (See section 9.4 of the consultation document) 86. Do you agree that the timescales for review of a child’s placement in secure accommodation in Scotland, as laid out in legislation, are still appropriate? Yes✓ 97
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No Please explain your answer The current timescales remain appropriate 98