Agenda Document Pack - Performance, Review and Scrutiny Committee - 03/02/2026
Midlothian Council · 3 February 2026
Back to Performance, Review and Scrutiny Committee — 3 February 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Notice of Meeting and Agenda Performance, Review and Scrutiny Committee Venue: Normandy Court/ Hybrid, Normandy Court, 20 Normandy Dr, Dalkeith, EH22 1JG Date: Tuesday, 03 February 2026 Time: 11:00 Executive Director : Place Contact: Clerk Name: Democratic Services Clerk Telephone: Clerk Email: democratic.services@midlothian.gov.uk Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.midlothian.gov.uk Page 1 of 58
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1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Minute of Previous Meeting 4.1 Minute of the Meeting of Performance, Review and Scrutiny Committee 9 December 2025 submitted for approval 3 - 10 4.2 Action Log 11 - 16 5 Public Reports 5.1 Inspection of St David’s RC Primary School and Nursery, report by Chief Education Officer 17 - 28 5.2 Inspection of Midlothian Council’s Fostering, Adoption and Adult Placement Services, report by Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer 29 - 34 5.3 Food Standards Scotland: Food Law Enforcement Actions Audit 2025-26, report by Executive Director Children, Young People and Partnerships (Acting) 35 - 58 6 Private Reports No items for discussion 7 Date of Next Meeting The next meeting will be held on Tuesday 24 March 2026. Page 2 of 58
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1-1 Minute of Meeting 2024 Performance, Review and Scrutiny Committee Tuesday 3 February 2026 Item No 4.1 No 4.1 Performance Review and Scrutiny Committee Date Time Venue Tuesday 9 December 2025 11:00am MS Teams Present: Councillor Milligan (Chair) Councillor Bowen Councillor Curran Councillor Drummond Councillor Imrie Councillor McCall Councillor McEwan Councillor Russell Councillor Smaill Councillor Virgo Councillor Winchester In attendance: Councillor Alexander Councillor McKenzie Councillor Parry Dr Grace Vickers, Chief Executive Kevin Anderson, Executive Director Place Nick Clater, Head of Adult Services & Deputy Chief Social Work Officer Derek Oliver, Executive Director Children, Young People and Partnerships (Acting) Saty Kaur, Chief Officer Corporate Solutions Michelle Strong, Chief Education Officer Rebecca Hooton, Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer Hannah Forbes, Democratic Services Officer Page 3 of 58
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1 Welcome, Introductions and Apologies The Chair welcomed everyone to the meeting of the Performance Review and Scrutiny (PRS) Committee. Apologies were received from Councillor Pottinger. 2 Order of Business The order of business was as detailed within the agenda. 3 Declarations of interest No declarations of interest were received. 4 Minutes of Previous Meetings 4.1 The Minute of the meeting of the Performance Review and Scrutiny Committee held on the 28 October 2025 was submitted and was unanimously approved as a correct record. 4.2 The Action Log was noted and the Committee agreed that the items recommended for closure can be closed. The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer asked for clarification from the Committee on whether action 1 required a written or verbal update. The Committee confirmed that an email to all Elected Members was required. The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer advised this would be circulated. 5. Reports Agenda No. Report Title Presented by: 5.1 Inspection of Community Access Team (CAT) Head of Adult Services and Chief Social Work Officer Outline of report and summary of discussion The Head of Adult Services and Chief Social Work Officer presented the report which advises of the outcome of the short notice announced inspection for the Community Access Team (CAT) and the recommendations that will be included within the improvement plan. The Head of Adult Services and Chief Social Work Officer noted that this was a positive report and thanked the staff and management involved in the inspection. The Chair thanked the Head of Adult Services and Chief Social Work Officer for the report and invited comments or questions The Committee noted the positive report and thanked all the staff involved in the inspection. Page 4 of 58
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Decision Performance Review and Scrutiny Committee noted the report and the recommendations. Agenda No. Report Title Presented by: 5.2 Q2 Education Performance Report 2025/26 Chief Education Officer Outline of report and summary of discussion The Chief Education Officer presented the Q2 Education Performance Report highlighting the key achievements and challenges throughout. The Chief Education Officer thanked Education, the Communities, Lifelong Learning and Education (CLLE) teams and partners for the positive impact they are having and their contribution to this quarter’s performance. The Chief Education Officer added that they hope staff enjoy a well-deserved rest over the holidays and passed on their best wishes for 2026. The Chair thanked the Chief Education Officer for the report and invited any comments or questions. The Committee noted the positive report however highlighted that the number of complaints had risen. The Committee asked if there was an improvement plan for addressing these and whether any were due to resourcing issues. The Chief Education Officer highlighted that there are currently 6 complaints logged, which is very low, and explained that response times can vary depending on the nature of a complaint. Education are working with school leaders to ensure systems are in place to respond to complaints in the correct timeframe to avoid escalation. The Chair raised concerns regarding the use of subject specialists as described in the report, the ongoing staff shortages in key subjects and the impact this has on attainment. It was noted that in some schools there has been a reduction in class time to address the issue. The Chair asked if this was a national problem and if there is anything the Council can do to help avoid the reduction of class time. The Chief Education Officer advised the staff shortages in Midlothian are also being seen nationally. Maths graduates are going into the private sector and are not opting into teaching. Midlothian are trying to address the issue by using primary school staff to support the delivery of maths in secondary schools. Human Resources (HR) are also looking for opportunities to train graduates in the local area through university partnerships. The Committee raised a serious incident that had occurred recently in one of Midlothian’s schools and asked if there is an opportunity to adapt or amend the mobile phone policy. Page 5 of 58
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The Chief Education Officer advised the mobile phone policy was discussed in April 2025 where a set of principles were agreed for secondary schools to adopt. The non-statutory guidance, that the Scottish Government provided, gave permission for the Head Teachers to decide to ban or manage mobile phone usage in schools. The Chief Education Officer advised they would be happy to open a discussion at the next Head Teachers meeting. The Executive Director Children, Young People and Partnerships (Acting) added that the mobile phone policy is currently being discussed when visiting the Head Teachers and there is a review across schools to see what policies and procedures are in place. Decision Performance Review and Scrutiny Committee noted the report and the recommendations. Action Provide information on the policies and procedures in Midlothian schools in relation to mobile phones - Executive Director Children, Young People and Partnerships (Acting). Agenda No. Report Title Presented by: 5.3 Q2 Children’s Services, Partnership and Communities Performance Report 2025/26 Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer Outline of report and summary of discussion The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer presented the Q2 Children’s Services, Partnership and Communities Performance Report 2025/26 detailing the key achievements and challenges throughout. The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer thanked all the staff for the ongoing work over the quarter. The Chair thanked the Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer for the report invited any comments or questions. The Committee raised the Child & Adolescent Mental Health Services (CAMHS) list as a concern, highlighting the time it takes for referrals to become a diagnosis and the loss of income for families that are on the referral waiting list that qualify for benefits to support them. The Committee asked if there is a system that can be put in place for families on the referral waiting list for CAMHS to receive benefits to avoid any additional stress and loss on income for the families. The Chief Officer Childrens Services, Partnerships and Communities and Deputy Chief Social Work Officer highlighted that it is a consistent topic at the Getting It Page 6 of 58
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Right For Every Child (GIRFEC) Board. The National Health Service (NHS) advise that there are two separate processes in CAMHS, one being the core mental health issues, where the NHS have a statutory obligation to report on the timescale on how quickly someone can be assessed, over the last few years there has been a reduction in waiting periods. Neurodiversity is also a key discussion point at the GIRFEC Board regularly, the Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer advised they have spoken to the Children’s Commission for the NHS regarding the inadequacy in terms of waiting lists. It was stated that there are currently 2000 young people waiting for an assessment which means a lot of the young people will age out of the system by the time they can be assessed. The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer advised that work continues around the single point of access to evaluate what the partnership can do. However, it is continually raised that it is inadequate that the money that has been allocated to health to address neurodiversity has been allocated to strategic planning. It was further highlighted that any families that are on the waiting list, and are struggling with benefits, should contact Citizens Advice as some families may be able to access some benefits they are entitled to. It was suggested by the Committee that the Chief Executive write to Lothian Health regarding the extensive impact the waiting list of CAMHS is having on families and society. The Chair agreed to take this forward as an action. The Chair raised concerns regarding the shortage of skilled staff and the dependency on agency staff and asked if there was any progression on retaining permanent staff. The Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer explained that this is a national issue, but there has been some positive recruitment and discussions are ongoing with Human Resources (HR) to have alternative options. Sponsorship is the next step as well as targeted recruitment; therefore, it is hoped in the new year there will be a reduction on the reliance of agency workers. Decision Performance Review and Scrutiny Committee noted the report and the recommendations. Action Write to Lothian Health regarding the extensive impact the waiting list of CAMHS is having on families and society – Chief Executive. Page 7 of 58
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Agenda No. Report Title Presented by: 5.4 Q2 Adult Social Care Performance Report Head of Adult Services and Chief Social Work Officer Outline of report and summary of discussion The Head of Adult Services and Chief Social Work Officer presented the Q2 Adult Social Care Performance Report noting the key achievements and challenges throughout. The Head of Adult Services and Chief Social Work Officer highlighted the successful launch of Trauma Awareness Week in September; this was the first one in Scotland that was well supported. The Head of Adult Services and Chief Social Work Officer thanked all staff in the partnership for their work and passed on their best wishes for the festive season. The Chair thanked the Head of Adult Services and Chief Social Work Officer for the report and invited questions or comments. The Committee thanked all staff for their work in this quarter. Decision Performance, Review and Scrutiny Committee noted the report and the recommendations. Agenda No. Report Title Presented by: 5.5 Q2 Place Performance Report Executive Director Children, Young People and Partnerships (Acting) Outline of report and summary of discussion The Executive Director Children, Young People and Partnerships (Acting) presented the Q2 Place Performance Report noting the key achievements and challenges. The Executive Director Children, Young People and Partnerships (Acting) thanked all services and colleagues across the Place Directorate for their work. The Chair thanked the the Executive Director Children, Young People and Partnerships (Acting) for the report and invited comments and questions. The Committee congratulated the team on re-let times now being reduced to 42 days. It was noted that these have been higher due to the change in the Scottish housing regulatory policies, where flip tenancies are now excluded. The Committee asked for more information to explain why these are now being excluded. The Executive Director Children, Young People and Partnerships (Acting) advised that they will gather more information on the exclusion of flip tenancies and report back. The Committee asked for the statistics regarding the length of stays regarding the Councils temporary emergency accommodation such as Jarnac Court. The Executive Director Children, Young People and Partnerships (Acting) confirmed they would provide this information. Page 8 of 58
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The Chair shared their concern around the difficulties in contacting Housing Officers as they are often given this feedback. The Chair emphasised the importance of the review of the number of staff and housing the Council has in comparison to other Local Authorities as this will provide an understanding of what the ratio of Housing Officers is. The Executive Director Place confirmed that a report will be provided to Council, therefore will be available to members into the new year. The Chair highlighted the feedback that has been relayed from constituents and staff regarding the problems they face when dealing with tenants who have complex learning difficulties. It was noted that a lot of tenants do not have the capacity to fill in basic forms, and it was asked if the Council should have a dedicated resource within Housing to assist tenants who need the additional support. The Executive Director Place confirmed that the Council have a provision in the team for youth homelessness that has different pathways for people that are care experienced. Specific provision has been included in terms of complex needs and learning disabilities in recent years. The Chair and the Executive Director Place agreed to have a discussion offline to discuss the service structure. Decision Performance Review and Scrutiny Committee noted the report and the recommendations. Action Provide information on why flip tenancies are now being excluded due to a change in the Scottish housing regulatory policies - Executive Director Children, Young People and Partnerships (Acting). Provide the statistics and data around the length of stays on the Councils temporary emergency accommodation such as Jarnac Court - Executive Director Children, Young People and Partnerships (Acting) Agenda No. Report Title Presented by: 5.6 Q2 Corporate Solutions Performance Report Chief Officer Corporate Solutions Outline of report and summary of discussion The Chief Officer Corporate Solutions presented the Q2 Corporate Solutions Performance Report and noted the key achievements and challenges. The Chief Officer Corporate Solutions thanked all staff in Corporate Solutions and across the Council for their hard work and commitment and noted that the work on transformation has progressed this year. The Chair thanked the Chief Officer Corporate Solutions for the report and invited comments and questions. Page 9 of 58
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The Committee recognised the 8% increase in library memberships and the increase in physical visits and thanked the staff for their work. The Committee asked if there was an opportunity to tie in promotions from the cafes and asked if uncontested invoices are paid before the Christmas break. The Chief Officer Corporate Solutions and the Executive Director Children, Young People and Partnerships (Acting) will discuss cafes offline to discuss the work that is underway. Communications will be sent to staff this week reminding everyone that all payments are made and up to date to ensure the maximum number can be completed before the break. The Committee thanked all the staff for their hard work. Decision Performance Review and Scrutiny Committee noted the report and the recommendations. Agenda No. Report Title Presented by: 5.7 Q2 Midlothian Council Performance Report & Balanced Scorecard Chief Executive Outline of report and summary of discussion The Chief Executive presented the Q2 Midlothian Council Performance Report & Balanced Scorecard; this report is a summary of actions in line with the Single Midlothian Plan that compliments the reports from the Chief Officers today. The Chief Executive, and Head of Paid Service, thanked staff for their hard work over the course of 2025. The Chair thanked the Chief Executive for the report and invited comments and questions. Decision Performance Review and Scrutiny Committee noted the report and the recommendations. 6 Date of the Next Meeting The date of the next meeting is Tuesday 3 February 2026 at 11:00am. The meeting terminated at 12:06pm. Page 10 of 58
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PRS Committee Action Log Performance, Review and Scrutiny Committee Tuesday 3 February 2026 Item No 4.2 Item No Date of Meeting Item No and Title Action Action Owner Expected completion date Comments 1 26/11/2024 5.3 Children Services, Partnerships and Communities Performance Report Quarter Two 2024/25 Provide an update on progress with the asylum-seeking children and adults following the changes from the Scottish Government. The Head of Adult Services and Chief Social Work/ The Chief Officer Children’s Services, Partnerships and Communities February 2025 A meeting was held in January to begin this work, and the Working Group was established under the leadership of the Head of Children’s Services. Discussions regarding where this fits with Community Planning. 2 25/03/2025 5.10 Newbyres Care Home Inspection by Care Inspectorate Review staffing algorithm and impact of previous decision to put an additional £500k into Newbyres Care Home for additional nursing staff. Head of Adult Services and Chief Social Work Officer TBC 3 10/06/2025 5.2 National Thematic Inspection of local authority approaches to Provide information on plans for the UNCRC Pupil Parliament, including the recent proposals on Learner Voice to a cross-party working Education Chief Operating Officer Complete Recommended for Closure Pupil Parliament established in September 2025. Page 11 of 58
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Item No Date of Meeting Item No and Title Action Action Owner Expected completion date Comments supporting school improvement group. 5 10/06/2025 5.3 Education Performance Report Quarter Four 2024/25 Provide details on the outcome of the Education HR Business Partner review of staff absences. Education Chief Operating Officer Complete Recommended for closure. HR updated CPWG. 6 10/06/2025 5.5 Adult Social Care Services Performance Report Quarter Four 2024/25 Update the performance reporting in relation to the occupancy rates achieved at Newbyres, taking into account the number of beds in use. Head of Adult Services and Chief Social Work Officer TBC 7 10/06/2025 5.5 Adult Social Care Services Performance Report Quarter Four 2024/25 Provide information on previously agreed funding of 6 nurses from Council. Head of Adult Services and Chief Social Work Officer TBC 8 10/06/2025 5.5 Adult Social Care Services Performance Report Quarter Four 2024/25 Provide details on the average length of stay at the Royal Edinburgh. Head of Adult Services and Chief Social Work Officer September 2025 9 10/06/2025 5.5 Adult Social Care Services Performance Report Quarter Four 2024/25 Provide a breakdown of the £4.4millon received for Welfare Rights. Head of Adult Services and Chief Social Work Officer TBC Page 12 of 58
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Item No Date of Meeting Item No and Title Action Action Owner Expected completion date Comments 10 10/06/2025 5.10 Place Performance Report Quarter Four 2024/25 Consider the commercial waste offering, and the benefits of the local authority managing this and report back. Chief Officer Place TBC In progress. 11 10/06/2025 5.10 Place Performance Report Quarter Four 2024/25 Consider ways to further publicise information on what goes into each recycling bin to avoid contaminated loads. Chief Officer Place TBC In progress. 12 28/10/2025 5.6 Education Performance Report 2025/26 Review the suggestion made by Primary Schools in Midlothian for a Business Manager. Educating Chief Operating Officer October 2025 Recommended for Closure Costing provided to CPWG for ASG Business Manager provision. 13 28/10/2025 5.6 Education Performance Report 2025/26 Provide more details in relation to staff absence. Educating Chief Operating Officer Complete Recommended for Closure Complete. 14 28/10/2025 5.6 Education Performance Report 2025/26 Provide details regarding the new peer group set up in Dalkeith. Heather Fleming, CLL Officer Complete Recommended for Closure. Meeting set up with CLLE and Cllr Russell. 15 28/10/2025 5.8 Q1 Adult Social Care Performance Report Review the Lancashire report with the Alcohol and Drug Partnership (ADP) coordinator to see if nasal sprays would be viable in Midlothian. Head of Adult Services and Chief Social Work Officer TBC 16 28/10/2025 5.9 Q1 Place Performance Report Write to Colin Beattie current MSP to apologise to staff for their remarks made around school Chief Officer Place TBC Page 13 of 58
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Item No Date of Meeting Item No and Title Action Action Owner Expected completion date Comments meals. 17 9/12/2025 5.2 Q2 Education Performance Report 2025/26, report by Chief Education Officer The Executive Director Children, Young People and Partnerships (Acting) to report back on the policies and procedures in Midlothian Schools regarding mobile phones. The Executive Director Children, Young People and Partnerships (Acting) TBC 18 9/12/2025 5.3 Q2 Children’s Services, Partnership and Communities Performance Report 2025/26, report by Chief Officer Children’s Services, Partnerships and Communities and Deputy Chief Social Work Officer The Chief Executive to write to Lothian Health regarding the extensive impact the waiting list of CAHMS is having on families and society. The Chief Executive TBC 19 9/12/2025 5.5 Q2 Place Performance Report, report by Executive Director Children, Young People and Partnerships (Acting) The Executive Director Children, Young People and Partnerships (Acting) to explain why flip tenancy’s now being excluded. The Executive Director Children, Young People and Partnerships (Acting) TBC 20 9/12/2025 5.5 Q2 Place Performance Report, The Executive Director Children, Young People and Partnerships The Executive Director Children, TBC Page 14 of 58
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Item No Date of Meeting Item No and Title Action Action Owner Expected completion date Comments report by Executive Director Children, Young People and Partnerships (Acting) (Acting) to provide the statistics and data around the length of stays on the Councils temporary emergency accommodation such as Jarnac Court. Young People and Partnerships (Acting) Page 15 of 58
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Performance, Review and Scrutiny Committee Tuesday 3 February 2026 Item No 5.1 Inspection of St David’s RC Primary School and Nursery Report by Michelle Strong, Chief Education Officer Report for Information 1 Recommendations Performance, Review and Scrutiny Committee is asked to: (i) Note the content of the 16 December 2025 inspection report. (ii) Congratulate the headteacher, pupils, parents and staff connected with St David’s RC Primary School and nursery on the key strengths highlighted in the report. 2 Purpose of Report/Executive Summary The report outlines the outcome of the Education Scotland inspection of St David’s RC Primary School and nursery class. The nursery class was inspected as part of Education Scotland’s pilot inspection phase using the Quality improvement framework for the early learning and childcare sectors. Date: 16/12/25 Report Contact: Julie Fox, Quality Improvement Manager Julie.Fox@midlothian.gov.uk Page 17 of 58
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3 Background/Main Body of Report 3.1 In September 2025, a team of inspectors from Education Scotland visited St David’s RC Primary School and their ELC setting. The report was published on 16 December 2025 and is now available here St David's RC Primary School | Inspection Report | His Majesty’s Inspectorate of Education in Scotland. This is also attached as Appendix B. 3.2 Education Scotland is responsible for inspecting education settings throughout Scotland. This inspection was a full model inspection using core quality indicators from How Good is Our School and the new Quality Improvement Framework for Early Years and evaluations were as below; School QI 1.3 Leadership of change, evaluated as Good QI 2.3 Learning, teaching and assessment evaluated as Good QI 3.1 Ensuring wellbeing, equality & inclusion evaluated as Good QI 3.2 Raising attainment and achievement evaluated as Good Nursery HM Inspectors gathered evidence to evaluate the nursery using three quality indicators from the new Quality Improvement Framework for the early learning and childcare sectors. As this inspection is part of Education Scotland’s inspection pilot phase these quality indicators have not been graded. Quality indicators focused on during this inspection were; Curriculum Learning, teaching and assessment Wellbeing, equality and inclusion 3.3 Strengths The strengths identified in the Education Scotland report of 16/12/25 are: Children in the nursery class and school are supported by very positive, warm and nurturing relationships. This helps them be happy and achieve well in the setting. Children in the nursery class who require additional support to achieve are supported very well. Staff ensure planning and strategies to improve outcomes for children are focused clearly on meeting the needs of children and families. This supports children in the nursery to make very good progress in their learning and wellbeing. Page 18 of 58
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Children in the primary school and nursery class are happy, polite and hardworking. They embody fully the school’s values of loyalty, responsibility and kindness. Children learn in a settled and supportive environment. The headteacher provides strong leadership which supports a culture of continuous improvement. Across the school and nursery, children, staff and parents work together effectively to lead change. This is having a positive impact on outcomes for children. Staff work well together to achieve the best for children and families. They ensure carefully considered action is taken to build consistency in learning, teaching and assessment. This is improving children’s learning experiences. 3.4 Areas for Improvement The main areas for improvement are: In the primary school, the headteacher and staff should continue to improve planning to meet the needs of children who require additional support. Child’s plans should include clear, measurable targets which are timebound and reviewed regularly. Teachers should ensure that all learning activities are set at the correct level of difficulty for all children. In doing so, they should ensure engaging learning experiences which challenge children capable of achieving even more. In the nursery class, children would benefit from greater use of digital technology to support their learning. This should extend children’s learning and help them develop further their skills. 3.5 Conclusion Education Scotland inspectors concluded that they were confident that the school has the capacity to continue to improve and so will make no more visits in connection with the school and nursery. 4 Report Implications (Resource, Digital and Risk) 4.1 Resource There are no resource implications. 4.2 Digital There are no Digital implications. 4.3 Risk Education Scotland’s team of Inspectors visit a sample of education settings every year to find out how they are performing. A report is Page 19 of 58
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published which informs parents about the key strengths of the setting and its capacity for further improvement. Following the publication of the report further visits may be made to the setting, by the Education Authority to assist improvement and monitor progress. Monitoring, review and evaluation of progress by central officers in the Education Team is the control measure in place to reduce the risk of failure of settings to demonstrate their capacity to improve. 4.4 Ensuring Equalities (if required a separate IIA must be completed) The School Improvement Plan will be screened for equalities implications. 4.5 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Report Page 20 of 58
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan • Getting it right for every Midlothian child • Improving opportunities in Midlothian A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value Noted within. A.5 Involving Communities and Other Stakeholders A link to the published report has been made available to Elected Members, parents of children currently attending Newbattle High School and other interested parties. A.6 Impact on Performance and Outcomes The setting will continue to improve its work in line with the school improvement plan and central officers in the Education Team will continue to challenge and support the setting in relation to developing and implementing a range of quality improvement strategies. A.7 Adopting a Preventative Approach The Education (Scotland) Bill aims to take preventative action in order to close the attainment versus deprivation gap by implementing key Page 21 of 58
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policies and programmes which are designed to target support to children and young people from disadvantaged communities. Midlothian is highly committed to closing the poverty related attainment gap. A.8 Supporting Sustainable Development The School Improvement Plan allows for sustainable development and improvement. Page 22 of 58
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APPENDIX B – Inspection Report Page 23 of 58
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St David’s RC Primary School and Nursery Class, Midlothian Council, 5543029 © Crown Copyright 16 December 2025 Dear Parent/Carer In September 2025, a team of inspectors from Education Scotland visited St David’s RC Primary School and Nursery Class. During our visit, we talked to parents/carers and children and worked closely with the headteacher and staff. The nursery class was inspected as part of Education Scotland’s pilot inspection phase using the Quality improvement framework for the early learning and childcare sectors. The inspection team found the following strengths in the school’s work. • Children in the nursery class and school are supported by very positive, warm and nurturing relationships. This helps them be happy and achieve well in the setting. • Children in the nursery class who require additional support to achieve are supported very well. Staff ensure planning and strategies to improve outcomes for children are focused clearly on meeting the needs of children and families. This supports children in the nursery to make very good progress in their learning and wellbeing. • Children in the primary school and nursery class are happy, polite and hardworking. They embody fully the school’s values of loyalty, responsibility and kindness. Children learn in a settled and supportive environment. • The headteacher provides strong leadership which supports a culture of continuous improvement. Across the school and nursery, children, staff and parents work together effectively to lead change. This is having a positive impact on outcomes for children. • Staff work well together to achieve the best for children and families. They ensure carefully considered action is taken to build consistency in learning, teaching and assessment. This is improving children’s learning experiences. The following areas for improvement were identified and discussed with the headteacher and a representative from Midlothian Council. • In the primary school, the headteacher and staff should continue to improve planning to meet the needs of children who require additional support. Child’s plans should include clear, measurable targets which are timebound and reviewed regularly. • Teachers should ensure that all learning activities are set at the correct level of difficulty for all children. In doing so, they should ensure engaging learning experiences which challenge children capable of achieving even more. • In the nursery class, children would benefit from greater use of digital technology to support their learning. This should extend children’s learning and help them develop further their skills. Page 25 of 58
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St David’s RC Primary School and Nursery Class, Midlothian Council, 5543029 © Crown Copyright We gathered evidence to enable us to evaluate the school’s work using four quality indicators from How good is our school (4th edition). Quality indicators help schools, local authorities and inspectors to judge what is working well and what needs to be improved. Following the inspection of each school, the Scottish Government gathers details of our evaluations to keep track of how well Scottish schools are doing. Here are Education Scotland’s evaluations for St David’s RC Primary School Quality indicators for the primary stages Evaluation Leadership of change good Learning, teaching and assessment good Ensuring wellbeing, equality and inclusion good Raising attainment and achievement good Descriptions of the evaluations are available from: How good is our school? (4th edition), Appendix 3: The six-point scale We gathered evidence to enable us to evaluate the ELC’s work using three quality indicators from the Quality improvement framework for the early learning and childcare sectors. As this inspection is part of Education Scotland’s pilot inspection phase using the Quality improvement framework for the early learning and childcare sectors, these quality indicators have not been graded. Quality indicators for the nursery class Curriculum Learning, teaching and assessment Wellbeing, inclusion and equality A more detailed document called Summarised Inspection Findings (SIF) will be available on the Education Scotland website at: St David's RC Primary School | Inspection Report | His Majesty’s Inspectorate of Education in Scotland Page 26 of 58
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St David’s RC Primary School and Nursery Class, Midlothian Council, 5543029 © Crown Copyright What happens next? We are confident that the school has the capacity to continue to improve and so we will make no more visits in connection with this inspection. Midlothian Council will inform parents/carers about the school’s progress as part of its arrangements for reporting on the quality of its schools. Fraser Forsyth HM Inspector Page 27 of 58
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Performance, Review and Scrutiny Committee Tuesday 3 February 2026 Item No 5.2 Inspection of Midlothian Council’s Fostering, Adoption and Adult Placement Services Report by Rebecca Hooton, Chief Officer Children’s Services, Partnerships and Communities Report for Information 1 Recommendations Performance, Review and Scrutiny Committee is recommended to note: 1. the outcome and grading of the short notice announced inspection for Fostering, Adoption and Adult Support which took place between 25th August 2025 and 16th September 2025; and 2. a further report providing an update and assurance will be presented to Cabinet on 19th May. 2 Purpose of Report/Executive Summary The report summaries the finding and grades of the most recent inspection of our Fostering, Adoption and Adult Placement services. The Care Inspectorate reports are published on their website and available to the public. 01/12/2025 Report Contact: Lesley Watson Tel No 0131 271 3720 lesley.watson@midlothian.gov.uk Page 29 of 58
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3 Background 3.1 The Care Inspectorate is responsible for inspecting care services throughout Scotland. This includes registered services for Fostering and Adoption of children and Adult Care, often referred to as Continuing Care, placements. Inspections are carried out using the Health and Social Care Standards. The core standards are: 1: I experience high quality care and support that is right for me. 2: I am fully involved in all decisions about my care and support. 3: I have confidence in the people who support and care for me. 4: I have confidence in the organisation providing my care and support. 5: I experience a high-quality environment if the organisation provides the premises. The inspection uses a descriptive statement and/or statements to evaluate how the service meets the 5 high-level standards. The final grade is then calculated using an overall six-point scale ranging from unsatisfactory (1) to excellent (6). 3.2 In Midlothian the Fostering, Adoption and Adult placements services are managed by one small, discrete team. This includes 1.6 FTE Social work Team Leaders, 7.5 FTE Social workers and one FTE practitioner. 3.3 For the purposes of this short notice (announced) inspection the descriptive statements used and associated grades were as follows: Fostering Services How well do we support people's wellbeing? 3 - Adequate How good is our leadership? 3 - Adequate How good is our staff team? 3 - Adequate How well is our care and support planned? 4 - Good Adoption Services How well do we support people's wellbeing? 3 - Adequate How good is our leadership? 3 - Adequate How good is our staff team? 3 - Adequate How well is our care and support planned? 3 - Adequate Adult Placement/Continuing Care Service How well do we support people's wellbeing? 4 - Good How good is our leadership? 3 - Adequate Page 30 of 58
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How good is our staff team? 3 - Adequate How well is our care and support planned? 4 - Good Midlothian Council was awarded an overall Grade 3 for all three services inspected. The inspection determined that the overall practice across all three service areas was adequate. It is important to note there are many measures that were noted to be of a good standard, this is an indication of progress and improvement from the last inspection. However the overall grade always relates to the lowest grade provided. Several areas of Good Practice highlighted during the inspection. These included; • Young people experienced stable, enduring and attuned care from nurturing caregivers. • The service showed a clear commitment to ensuring brothers and sisters remained together. • The importance of young people understanding their life story and of promoting a positive sense of identity was clear within caring households. • Young people's views were known, and their voice had influence on the direction of their care and support. 3.4 Inspectors noted that there is a clear vision in place for our Fostering/Adult Placement and Adoption service and inspectors were confident that this vision will be driven forward by the Service Manager and Team Leaders. Progress made on Requirements and Areas for Improvement 3.5 The inspection also identified areas of requirement and improvement. Whilst inspectors identified evidence of improvements across all key performance areas since the last inspection, the requirements and areas for improvement reflect the ongoing staffing challenges experienced since the last inspection which has continued to impact on the service’s capacity to provide consistent support to our carers and adoptive parents. The feedback acknowledged the impact of staffing pressures on the ability of the service to drive forward and sustain improvements, including the progress made in relation to quality assurance structures which evidence good practice. Detail of the requirements and area for improvement are noted in the full reports (Appendix B). 3.6 Improvement plans for all three services have been devised and implemented that support the identified Requirements and Areas for Improvement. Improvement work has progressed at pace following the inspection. 3.7 Improvement work completed to date includes: • The FCC team is now fully staffed which in turn has underpinned increased and consistent support to all foster carers and adopters. Increased staffing has allowed for all foster carers to have an allocated Supervising Social Worker. Practice standards now reflect that in the event that this changes a FCC Team Leader will be allocated to the carer(s) on an interim basis to ensure regular supervision and support; (Fostering Requirement 1, Adult Placement AFI 1, Adoption Requirement 1 & AFI 1 & 2) • Increased staffing has also supported the review and further embedding of quality assurance structures into practice to support and evidence best Page 31 of 58
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practice. These include robust tracking in relation to Care Inspectorate notifications, unplanned endings and out with approvals. The FCC case file audit tool has also been strengthened to incorporate adoption and continuing care practice These structures are currently being built into the Council’s recording systems to ensure quality reporting and monitoring moving forward. (Fostering Requirement 3 & AFI 1, Adult Placement Requirement 1 & AFI 1, Adoption Requirement 2) • Additional Out with Approval safeguards have been built into practice. There is now a requirement that any out with approval recommendation is approved by the Agency Decision Maker or Depute Agency Decision Maker prior to any placement being approved. Additional slots at the Midlothian Fostering Panel have been ringfenced to allow capacity for any out with approvals to return to panel as necessary within a 4-week period. Out with approval guidance has been developed and will be rolled out across the service and panel members. (Fostering Requirement 2) • Unplanned Endings and Continuing Care policies have been further reviewed and amended in line with Care Inspectorate guidance and statutory regulations. These will be rolled out at a planned two-day Children’s Services conference in late January 2026. Tracking mechanisms and case file audit tools are in place to monitor practice in both areas. (Fostering Requirement 4, Adult Placement AFI 2) • A supervision and support framework for adopters has been developed that reflects Midlothian Children’s Services post adoption support guidance (Adoption Requirements 1,3 & 4). 3.8 The FCC Service Manager and FCC Team Leaders met with the Inspectors on 10th December 2025 to review the improvement planning post inspection. The Inspectors have confirmed that they are satisfied with the improvement planning and with the work that is progressing to meet the Requirements and Areas for Improvement. This was followed up with written correspondence from the Care Inspectorate on 8th January which confirmed this position – they stated that they were satisfied with the content of the action plans and had a productive discussion about the team’s capacity to implement them. Consequently, Inspectors do not require to meet with the service again out with standard monitoring, the next meeting of which is in March 2026. The relevant Service Manager and Team Leaders will manage this plan and regularly report on progress to the Children’s Services Senior Leadership Group and on a monthly basis at Social Work Assurance Group (SWAG). 3.9 To ensure progress is expedited, the Chief Officer Children’s Services, Partnerships and Communities will monitor and provide weekly updates to the Directorate Management Team meetings, chaired by the Acting Executive Director – Children, Young People & Partnerships. 3.10 A further report will be brought to Cabinet on 19th May which will provide an update and assurance that the outstanding Requirements and Areas for Improvement have been met. Page 32 of 58
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Report Implications (Resource, Digital and Risk) 4.1 Resource The budgeted resource in place for the team should allow for the improvement of service delivery. The challenges in recruiting staff and the impact of absence including sickness and maternity leave have had a direct impact on service provision and the inspection grading. Two newly recruited staff will be in place by January 2026 and we are confident with a full complement of staff that the improvement plan is achievable and will result in improved grading for the next inspection. 4.2 Digital There is ongoing consideration about the future of AI to support social work services which would enhance capacity of front-line staff to support our children, young people and their carers. 4.3 Risk Lack of consistent staffing impacts on the care and support that is provided to children, young people and carers. Any further challenges with staffing need to be addressed in a manner that ensures a consistent level of capacity to meet the needs of our children, young people and carers to ensure we improve the current gradings. The leadership team raised the impact of being a small local authority and that any absence in a small team has a large impact. This was acknowledged by the Care inspectorate. 4.4 Ensuring Equalities The service’s mission is for all care experienced children and young people to be provided with quality services. 4.5 Additional Report Implications (Appendix A) Page 33 of 58
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Appendices APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan The inspection feedback endorses our local approach to delivering services A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value Staff continue to strive to support children and young people and carers to deliver best value and this is supported by the inspection improvement plans. A.5 Involving Communities and Other Stakeholders Staff work with many stakeholders including young people and their families to deliver holistic, sustainable services A.6 Impact on Performance and Outcomes The recent grades are below the current performance measure however the inspection improvement plan will support improved practice standards across all of the services inspected. A.7 Adopting a Preventative Approach Not applicable A.8 Supporting Sustainable Development – not applicable Page 34 of 58
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Performance, Review and Scrutiny Committee Tuesday 3 February 2026 Item No 5.3 Food Standards Scotland: Food Law Enforcement Actions Audit 2025-26 Report by Derek Oliver, Executive Director Children, Young People and Partnerships (Acting) Report for Information 1 Recommendations It is recommended that the Performance, Review and Scrutiny Committee note: i. Midlothian Council’s Environmental Health Service was subject of a statutory Audit of Food Law Enforcement by Food Standards Scotland (FSS) between 19 June - 6 August 2025. In the Presentation of Audit Findings, the Auditors concluded that whilst recognising the significant staffing resource issues, which is being experienced nationally, the service was performing well in fulfilling its enforcement roles and responsibilities; ii. the Audit report is published on the FSS website; iii. the exemplary work of the Environmental Health Service to enable the Authority to achieve a positive outcome to the Food Law Enforcement Actions Audit 2025. 2 Purpose of Report The purpose of this report is to bring to the attention of Performance, Review and Scrutiny Committee the findings of the Food Standards Scotland: Food Law Enforcement Actions Audit of Midlothian Council’s Food Service carried out between June and August 2025. Date Report Contact: Gail McElroy Tel No: 0131 271 3559 gail.mcelroy@midlothian.gov.uk Page 35 of 58
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3 Background/Main Body of Report 3.1 Food Standards Scotland (FSS) has responsibility to monitor the performance of Local Authority Food Service’s enforcing food safety legislation in Scotland with the aim to provide assurance that the delivery of official controls for food is compliant with Scottish and UK legal requirements and official guidance. Midlothian Council received notification of audit from Food Standards Scotland on 19 June 2025 that they had been selected for the Local Authority Food Law Enforcement Actions Audit 2025-2026. The aim of the audit was to assess and verify the arrangements in place to ensure the adequate and effective delivery of food law enforcement systems, procedures and actions. The audit scope and process were defined, and specific information was requested. The outcome of the audit was presented by FSS Audit Team on 6 August 2025 in Midlothian House to: Chief Officer - Place, Senior Manager Protective Services, Team Manager Business Regulation (Lead Food Officer/Audit Liaison Officer) and Principal Environmental Health Officer (Food & Safety). Presentation of Audit Findings – Midlothian Council is enclosed at Appendix B.1. 3.2 Feedback from the audit team was overall very positive. Midlothian Council has a Food Service Plan for 2025/26, approved by Cabinet on 20 May 2025 and a Food Law Enforcement Policy, approved on 28 May 2024, with Standing Orders and a Scheme of Administration in place. There are up to date Operational Procedures available and internal monitoring to enable a consistent and proportionate approach to enforcement. Food Law Interventions are effectively managed with around 330 inspections carried out per year of the 995 food businesses registered within Midlothian. However, it was also noted that there were 143 missed inspections in 2023-24 and 284 missed inspections in 2024-25 due to staffing shortfall. This was highlighted and recognised by Cabinet in May 2025 in the Review of Service Performance against the 2024-2025 Food Service Plan. 3.3 At the time of audit, the Food Service had 2.45 FTE in post from 4.1 FTE posts on the establishment. The final outcome of the Required Resource Exercise in May 2025 calculated that 6.5 FTE is required in Midlothian Council to deliver the full range of food law-related activities. There was acknowledgement by the Audit Team of the difficulties faced nationally within Local Authority Environmental Health Teams to recruit qualified Environmental Heath Officers and Food Safety Officers that impact the Food Service. These workforce sustainability challenges are being strategically addressed by The Society of Chief Officers of Environmental Health in Scotland. During the audit process, Midlothian Council was recognised for its considerable efforts and innovative progress to address the staffing Page 36 of 58
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shortfall in the face of the national shortage of Environmental Health Officers and Food Safety Officers. Midlothian Council has employed two trainee Food Safety Officers, a Regulatory Services Modern Apprentice and appointed temporary contractors to help alleviate the pressures on the team and has a clear commitment to train and develop new officers. The service will continue to build on this concept through its Service Review and collaborate with other Local Authorities to develop and implement a framework that supports alternative regulatory models, ‘grow your own’ capacity and strengthens the sustainability of the workforce. 3.4 Enforcement action taken by the Food Service was deemed effective, resulting in improvements in standards. However, it was reported that in some cases the copy quality of the handwritten notices served on site were difficult to read owing to the manual method used. A new procedure has been implemented using technology to improve the copy quality of handwritten enforcement notices issued on site to food businesses. 3.5 Midlothian Council’s Food Enforcement Activity data is collected by our Management Information System (MIS), IDOX Uniform and uploaded to the Scottish National Database (SND) a central repository within FSS. This is the prescribed mechanism for Food Authorities to provide real time information to FSS on all Official Control activity, which is undertaken by the Food Service. The audit identified that Midlothian Council’s Enforcement Action data is not accurately represented on SND with a number of actions missing from the national database. The Lead Food Officer has previously attempted to take action to verify the data, however further intervention is required to ensure the current and future accuracy of this information. A specialist/development provision will be considered as a priority as part of the Service Review of Protective Services. This will assist the Council meet our responsibilities regarding accurate reporting to the SND but would also assist the service with digital solutions to modernise and improve efficiency and productivity. Further significant changes to our systems will be required with the implementation of the Scottish Authorities Food Enforcement Rebuild (SAFER) programme which aims to reform and modernise the food law delivery system in Scotland. Page 37 of 58
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4 Report Implications (Resource, Digital and Risk) 4.1 Resource At present there is no capacity within the existing establishment to fulfil the duties required by FSS to check and verify the food enforcement activity date and ensure it is and remains accurate. This requires a dedicated role to be incorporated into the structure through the Service Review. Growth is highlighted as required if the Authority were to meet the staffing resources identified as required through the FSS resource calculator; without such growth the Service will only be able to undertake the highest identified risk matters. 4.2 Digital The use of existing digital platforms has no anticipated impact on Digital Services or IT infrastructure. 4.3 Risk As sufficient qualified staff cannot currently be recruited to fill the existing establishment, Midlothian Council Food Service is taking steps to address the staffing shortfall by training new officers to build the Environmental Health workforce. In order to address resource shortfall and the development role for the SND, the Service Review will address these requirements. 4.4 Ensuring Equalities (if required a separate IIA must be completed) There are no known equality issues arising from the outcome of this audit. 4.4 Additional Report Implications (See Appendix A) See Appendix A Appendices Appendix A – Additional Report Implications Appendix B – Background information Page 38 of 58
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APPENDIX A – Report Implications A.1 Key Priorities within the Single Midlothian Plan Ensuring the Food Service is well resourced and can provide accurate and up to date data is imperative to reducing the gap in health outcomes not only in Midlothian but also nationally. A.2 Key Drivers for Change Key drivers addressed in this report: Holistic Working Hub and Spoke Modern Sustainable Transformational Preventative Asset-based Continuous Improvement One size fits one None of the above A.3 Key Delivery Streams Key delivery streams addressed in this report: One Council Working with you, for you Preventative and Sustainable Efficient and Modern Innovative and Ambitious None of the above A.4 Delivering Best Value This report relates to the outcomes of an 3rd party audit which identifies areas of continuous improvement in performance. Implementing the solutions above we have an opportunity to improve our efficiency and effectiveness thereby protecting public health. A.5 Involving Communities and Other Stakeholders Food Standards Scotland are the Competent Authority responsible for monitoring the performance of Food Authorities in Scotland. Midlothian Council Food Service is required to engage with FSS and rectify any non-conformities by introducing appropriate solutions. A.6 Impact on Performance and Outcomes Implementing the solutions identified will improve our performance to provide the accurate and up to date data required by FSS. Page 39 of 58
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A.7 Adopting a Preventative Approach Any increase in staffing within the Food Service allows the Food and Safety Team to allocate resources to other preventative activities. A.8 Supporting Sustainable Development N/A Page 40 of 58
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APPENDIX B Background Papers/Resource Links 1/ Local Authority Food Law Enforcement Actions Audit 2025-26, Presentation of Audit Findings – Midlothian Council Page 41 of 58
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Date: June – August 2025 Audit Assurance Division Title slide Local Authority Food Law Enforcement Actions Audit 2025 - 26 Presentation of Audit Findings – Midlothian Council Page 43 of 58
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2 Audit Aim • The aim of the audit programme is to assess and verify the arrangements in place at Local Authorities to ensure the adequate and effective delivery of Official Controls, specifically enforcement actions in LA enforced establishments. Audit Scope • The audit covered the organisation, planning, implementation and review of official controls carried out by Midlothian Council’s Environmental Health Service. Audit Process • The Audit primarily consisted of a documentation review with one online meeting held with the Audit Liaison Officer over the course of 10 days. • The findings of the audit will be presented here and will also be compiled into an overall summary report at the end of the Audit Programme. Introduction Page 44 of 58
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• The Authority has an up-to-date 2025-26 Food Service Plan that was approved by Cabinet on 20 May 2025. • The plan outlines how food safety will be monitored and controlled within Midlothian. The Authority’s approach to interventions out-of-hours is included in the Plan. • A review of service performance against the 2024-25 Plan was also completed and submitted. 87% of planned inspections at highest-risk premises were stated to have been completed. • The Authority has 993 registered food premises and 11 Approved Establishments (AE) in total. • FHIS – there are 691 premises on the platform and 92% have a Pass. Due to ‘missed’ inspections, some data contributing to this calculation is historic. As a comparison, only 76% of Midlothian food businesses inspected achieved a Pass rating between April 2024 and March 2025. Down 10% from 2023-24. • On SND, there are 215 premises showing as unrated – equating to 21% of the database cohort. It is acknowledged that the number of unrated premises has reduced from 254 in 2024. The majority of that 215 are risk rated under FLCOP, Annex 5 and have been scheduled to receive an FLRS inspection. 45 new businesses are unrated and await inspection. • A process exists for triaging and prioritising new and unrated establishments. Organisation & Management Page 45 of 58
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• The Authority provided an Enforcement Policy that was approved by Cabinet on 28th May 2024, with a review scheduled biennially. • The Authority has Standing Orders and a Scheme of Administration that were last reviewed in 2022 and are currently under review. • Copies of photographic ID Instrument of Appointment officer authorisations were submitted. • Recently reviewed Operational Procedures were submitted for a wide range of enforcement notices. • An Employee Charter and Code of Conduct was provided that sets out standards of behaviour expected. Forms are used routinely to require staff to declare any outside employment or other potential conflicts of interest. • A recently reviewed Monitoring Procedure for Food Law Enforcement was provided that outlined how the Authority ensures a consistent approach to enforcement. • Staff can access documented procedures via a share drive and/or MS Teams. Policies & Procedures Page 46 of 58
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• In accordance with the Enforcement Policy and Food Law Codes of Practice, most interventions are carried out unannounced. • An Excel spreadsheet exported from the FED was provided, showing that 995 interventions had been carried out in Midlothian in the past 3 years. • OCV, Group 1, Group 2&3 Band D&E and initial Group 1&2 inspections are being prioritised. • There were 143 missed inspections in 2023-24 and 284 were missed in 2024-25 due to a staffing shortfall. 16 food premises were found to have significant or sustained non- compliances (risk rated Band D or E) necessitating an additional 26 unplanned interventions to be carried out. • Currently, in SND there are 215 premises showing as unrated – 21% of database. The majority of that 215 are risk rated under FLCOP, Annex 5, low-risk Category D’s and E’s, and have been given a scheduled FLRS inspection date. 45 new businesses are unrated and await inspection. • Procedures exist detailing how officers should record FLRS Food Law Interventions, and any Food Law Notices served or withdrawn in the Food Enforcement Database (FED). • Staffing - 2.45 FTE is filled out of 4.1 posts and considerable efforts have been made to address the shortfall, with 2 EHO contractors being employed temporarily and 2 trainee FSOs and a Regulatory Services Modern Apprentice also recently being appointed. • A Required Resource Exercise carried out in January 2025 and revised in conjunction with FSS in May 2025 calculated that 6.5 FTE would be required to deliver the full range of food law-related activities and a further 2 FTE to deliver other work carried out by the Food and Safety team. Interventions Page 47 of 58
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• Authorised Officers decide on the appropriate enforcement action, using a graduated approach where possible, and are required to discuss any formal enforcement action (including voluntary undertakings) being considered with a manager. • In 2024-25 14 food enforcement notices, plus 1 voluntary closure and 1 voluntary surrender were issued. 1 report was submitted to the COPFS, which resulted in a guilty plea and successful prosecution. • The service of notices was proportionate in that these were in response to higher FL rating scores. Notices, specifically HINs, were served within 5 working days following interventions. • Some high score anomalies were identified where no notices were served. The Authority has provided a satisfactory explanation. • RANs – the copy quality of handwritten notices was generally worse than those that were typed. In some cases, the handwriting was difficult to read, and it was not clear whether some options had been stroked through or underlined. • Revisits to check compliance are done during and after Notice expiry dates. Enforcement Arrangements Page 48 of 58
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The Authority provided evidence that 64 enforcement actions had been taken on 31 establishments since 1st April 2022, as follows: On SND for the same period, there were 31 enforcements on 28 establishments. The Lead Food Officer is taking appropriate action to ensure that enforcement activity taken since 01/04/2022 is checked and verified on SND to ensure that data held there accurately correlates with the data held on the Authority’s Food Enforcement Database. Enforcement Actions Enforcement Action 2022-23 2023-24 2024-25 2025-26 Total HIN 8 1 9 RAN 8 9 11 2 30 RAN withdrawn 3 6 6 1 16 Voluntary Closure 1 1 2 Voluntary Closure Lifted 1 1 Voluntary Surrender 1 1 1 3 HEPN 1 1 HEPO 1 1 Prosecution 1 1 21 17 23 3 64 Page 49 of 58
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Reasons cited and effectiveness of Enforcement Action 9 Hygiene Improvement Notices – HACCP, maintenance and facilities. 30 Remedial Action Notices – lack of hot water, significant pest issues, extending shelf life, allergens. 2 Voluntary Closures – poor and unsatisfactory standards. 3 Voluntary Surrenders – potential contamination by pests and counterfeit vodka. 1 HEPN – rat activity. 1 HEPO – rat activity. 1 Prosecution – 1 rat infestation/repeated visits and poor history of compliance (pled guilty). Overall, it appears that enforcement action was effective, resulting in improvements in standards and FLRS scores afterwards. Page 50 of 58
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• The Authority has qualified, trained and experienced officers. • Authorised Food Enforcement Officers are required to undertake regular training activities to maintain their proficiency and expertise. The Authority has sourced and funded a bespoke legal procedures training course for officers, to be delivered in October 2025. • The Principal Officer (Food & Safety) reviews training requirements at workplan review meetings and as part of annual planned appraisal system operated by the council. • Communication - general outcomes and performance reports are discussed at Food & Safety team monthly meetings, monthly consistency workshops and weekly catch ups. Competence Page 51 of 58
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• The Authority uses its FED to schedule due dates for all its food premises including OCV activity in Approved Establishments. • There are detailed FED data entry procedures in place for the Service. These detail (using screenshots) how data is entered and checked including a reference to FED/SND accuracy. • There were no Enforcement Actions code errors (Value not recognised) on SND. • The Authority identified an issue with its FED not picking up missed Band D and E inspections and has initiated a process to track high risk inspections. • The Authority’s Enforcement Action data is not accurately represented on SND. A significant number of enforcement actions are missing on SND. Further data checking and verification is required to ensure that the Authority's work output is accurately depicted in SND. • Discussions are ongoing with FSS regarding automated upload of FHIS data. Food Enforcement Database Page 52 of 58
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• An annual sampling plan is prepared each year. • In 2023-24, 130 samples were taken - 34 from approved establishments, 46 from manufacturers and 50 for FSS surveys. • In 2024-25 134 food samples were taken - 109 from approved establishments and manufacturers, 24 FSS surveys and 1 complaint sample. • There was no enforcement action requiring to be taken in the last 3 years in response to unsatisfactory sample results, the majority being minor labelling errors. • None of the Approved Establishments in Midlothian operates with a Private Water Supply. Sampling Page 53 of 58
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• The Authority has a Monitoring Procedure for Food Law Enforcement and a new spreadsheet process for checking FLRS and OCV interventions and enforcement notices served. • Quarterly internal monitoring procedures exist for checking FLRS and OCV interventions and approving Food Law Notices. Draft reports to the COPFS via SRA web also require to be approved prior to submission. • The database review revealed that 995 premises had had official control inspections in the past 3 years. Several premises were subject to multiple visits. • FLRS scores were consistent with the Interventions Food Law Code of Practice. Premises with high scores mainly resulted in enhanced enforcement action including statutory notices being served but there were some exceptions. The ALO provided an explanation which has been accepted. • Enforcement action taken appeared effective, resulting in improvements in standards and FLRS scores afterwards. Internal Monitoring Page 54 of 58
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Conclusions • The Authority provided an Enforcement Policy that was approved by Cabinet on 28th May 2024 an up-to-date 2025- 26 Food Service Plan that was approved by Cabinet on 20 May 2025. • There is a lack of resilience in that 2.45 FTE is filled out of 4.1 posts on the establishment and a Required Resource recently calculated to be 6.5 FTE. The number of missed inspections and unrated premises is a cause for concern, but it is acknowledged that good and innovative progress is being made in addressing the staffing shortfall. • Recently reviewed Monitoring and Operational Procedures for Food Law Enforcement outline how the Authority ensures a consistent approach to enforcement. • 64 enforcement actions had been taken in 31 establishments since 1 April 2022, but more than 30 of these enforcement actions had not been captured in SND. Further checking and verification of data accuracy is required. • Enforcement action taken was effective, resulting in improvements in standards and FLRS scores afterwards. • Officers taking enforcement action were suitably authorised. • A sampling plan is prepared and adhered to each year, with sampling targeted at the highest risk establishments as well as FSS surveys. Page 55 of 58
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Midlothian Council’s Comments & Feedback • The national shortage of Environmental Health Officers and/or trained Food Safety Officers coupled with the extremely limited options to achieve the necessary qualifications and fully funded training opportunities nationally has negatively impacted the LA. Midlothian Council have taken considerable efforts to address this locally by ‘growing our own’. • Midlothian Council supports the introduction of a licensing scheme to ensure compliance with standard conditions prior to a food business starting operations, with retrospective licensing to be applied to all existing establishments. This would provide a valuable (ring-fenced) income stream commensurate with the size of the authority to the resource required for interventions; improve initial compliance to protect public health; and potentially reduce enforcement action taken on business through pre-requisite conditions. • The limitation of the LAs MIS and compatibility with SND, such that the LA under report food law enforcement activity, had previously been identified by the Authority and discussed with FSS in an attempt to resolve this matter. Further action by the Authority is required to identify and implement a solution to ensure that enforcement activity is accurately uploaded to SND. This will require a specialist role. • From now on for all notices served on site the officer will take a photograph of the original notice served on the FBO to ensure an accurate and clear copy of the notice is retained for our records. Page 56 of 58
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Next Steps • Midlothian Council is the first Authority to have been audited under the programme. • The programme will run until the end of financial year or until an adequate representation of Authorities has been achieved. • The findings from each audit, including your comments and feedback, will be published on FSS’ website and collated into an overall summary report which will be produced and published at the end of the programme. • The presentation once agreed, will be sent to your Chief Executive along with a covering letter. There is an expectation that the Local Authority will use the findings of the audit to help improve their performance. You may consider sharing the audit findings with elected members within the appropriate local public committee. • Any feedback you provide will also be incorporated into the summary report. The report will be made available on our website, and you will be notified once it has been published. Page 57 of 58
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