Questions and answers

Question reference: S6W-28053

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 14 June 2024
Current Status: Answer expected on 28 June 2024

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Question reference: S6W-27995

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 12 June 2024
Current Status: Answer expected on 26 June 2024

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Question reference: S6W-27994

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 12 June 2024
Current Status: Answer expected on 26 June 2024

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Question reference: S6O-03526

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 29 May 2024
Current Status: Taken in the Chamber on 5 June 2024

To ask the Scottish Government what support it is providing to Police Scotland to tackle violent crimes in local communities.

Question reference: S6W-26736

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 08 April 2024
Current Status: Answered by Neil Gray on 26 April 2024

To ask the Scottish Government, further to the answer to question S6W-26211 by Neil Gray on 2 April 2024, whether the total of 19 positions that have reportedly been advertised on the recruitment portal, Oriel, for August 2024, is the maximum number of radiology training places for 2024, and, if this is the case, for what reason the number of training places is not higher.

The recruitment round has not yet closed for 2024. The 19 positions currently advertised on the recruitment portal is a provisional figure and is therefore subject to potential change.

The number of posts advertised per year by NHS Education for Scotland is determined by two factors: i) the number of vacant posts, due to trainees completing training, resigning from post or undergoing an inter-deanery transfer, and ii) whether any additional posts have been created. The number of posts which are available for new applicants to apply for varies annually due to trainees working on a part-time basis (and therefore taking longer to complete training and vacate their post).

Question reference: S6W-26322

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Thursday, 25 April 2024
Current Status: Answer expected on 10 May 2024

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Question reference: S6W-26054

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 08 March 2024
Current Status: Answered by Maree Todd on 22 March 2024

To ask the Scottish Government what advice it offers to local authorities in relation to circumstances in which a family requests support from a local authority social care service to protect the welfare and financial interests of a loved one because they have not been able to renew a guardianship order due to any cost barriers.

If a family cannot afford to renew a guardianship order, the local authority can offer support by providing non-legal advice on the Adults with Incapacity (AWI) (Scotland) Act 2000, suggesting independent advice sources, and conducting needs assessments for both the individual and the carer. The Scottish Government has published AWI codes of practice for local authorities. Chapter 7 highlights the responsibilities of local authorities in this domain and their duty to apply for a guardianship where one is necessary and no application is being made or likely to be made.

Last winter Scottish Government published its good practice guidance for AWI delayed discharge based on engagement with majority of local authorities. This highlighted the most efficient ways to facilitate moves of adults lacking capacity from the hospital estate to more suitable accommodation. This included the guardianship process and ensuring the adults rights, will and preference are first and foremost.

Question reference: S6W-26051

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 08 March 2024
Current Status: Answered by Maree Todd on 22 March 2024

To ask the Scottish Government whether it can confirm whether the parents of adults with learning disabilities may be required to meet costs of around £720 to successfully renew guardianship orders.

It is difficult to confirm costs in guardianship cases as the circumstances will differ in each case.

When registering a guardianship order renewal, the Office of the Public Guardian (OPG) will charge a £95 fee. This fee covers the administrative processing of the renewal application. There is also a lodging fee of £138 charged by the Sheriff Court (from 1 April it will be £141). There may also be a fee for the medical examination, however this will depend on the doctor that is used and whether they charge for such a service.

The parents will need to seek legal assistance from a solicitor to navigate the renewal process, in which they will incur additional costs in the form of legal fees for the services provided by the legal professionals. These fees can vary depending on the complexity of the case and the amount of assistance required.

The Scottish Legal Aid Board (SLAB) are responsible for administering legal aid in Scotland. SLAB will assess eligibility based on financial circumstances of each case. If individuals were to meet the criteria, SLAB can provide funding for representation in legal matters, reducing or eliminating the costs associated with renewing their guardianship order.

Question reference: S6W-26052

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 08 March 2024
Current Status: Answered by Maree Todd on 22 March 2024

To ask the Scottish Government what the (a) maximum, (b) minimum and (c) average cost was for a person to renew a guardianship order in the last five financial years.

The Scottish Government does not have access to specific data regarding the maximum, minimum, or average costs for individuals renewing a guardianship order over the past five financial years.

The costs associated with renewing a guardianship order can vary significantly depending on various factors such as the complexity of the case, the involvement of legal and medical professionals, and the specific needs of the individual in question.

While we can identify certain standard fees like the £138 Court lodging fee and £95 Office of the Public Guardian (OPG) fee, additional expenses such as medical assessments and legal representation can fluctuate based on individual circumstances and preferences.

Non-means-tested legal aid is available in certain cases.

Question reference: S6W-26053

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 08 March 2024
Current Status: Answered by Maree Todd on 22 March 2024

To ask the Scottish Government, in the event that a person is unable to meet the financial costs of renewing a guardianship order for a family member, what support is available to safeguard the welfare and financial interests of the family member.

Eligible individuals may qualify for legal aid to help cover the costs associated with legal representation and court fees involved in renewing a guardianship order. Legal aid is means-tested, and eligibility criteria apply.

Organisations such as Citizens Advice Scotland and the Scottish Legal Aid Board provide financial assistance and support services to individuals and families facing financial difficulties in legal matters, including guardianship renewals.

Local authorities may provide guidance to individuals who are unable to afford the costs of renewing a guardianship order. Social work departments or welfare services within the local authority can offer support and advice on available resources.

Under Section 57(2) of the Adults with Incapacity (AWI) (Scotland) Act 2000, if a guardianship order (or renewal) is deemed necessary by the local authority and no application has been made or is anticipated, the authority must initiate the application process.

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