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The Scottish Government launched a public consultation on the draft physical intervention in schools guidance on 21 June. The draft human rights-based guidance makes clear that restraint and seclusion should only ever be used as a last resort and when in the best interests of the child or young person.

The draft guidance is a result of our 2019 agreement with the Children and Young People’s Commissioner Scotland and the Equality and Human Rights Commission in 2019 that non-statutory guidance be developed as a first step to improve practice in this area.

The draft guidance has been developed carefully, over time, with extensive input from over thirty working group members and partners, including the Children’s Commissioner, young people, parents, staff, local government and third sector organisations.

The consultation period has been extended to 25 October to allow all those with an interest in this sensitive area, including children and young people, to feedback their views. We will work closely with partners, following final publication, to ensure the guidance is followed.

Details of the membership and notes of the meetings of the physical intervention working group are available on the Scottish Government’s website: Physical Intervention Working Group - gov.scot (www.gov.scot) .

In healthcare settings, all incidents of restraint should be recorded and monitored at NHS Board level in line with their individual clinical governance procedures. The Mental Welfare Commission also have a role in publishing guidance in this area and in addressing individual cases following contact from patients, or as a result of their visits and themed reviews.

The Care Inspectorate gathers information on all incidents of restraint and reviews selected cases to ensure staff carrying out the restraint are fully trained and best practice is followed. They also inspect residential and secure care homes at least once each year, and restraint procedures are part of that inspection process.

In education settings, any use of physical intervention in schools, including restraint, must be recorded and monitored by local authorities. As part of their scrutiny and improvement roles in schools, Education Scotland inspectors consider the impact of practice in relation to the use of physical intervention, including restraint, for children and young people.

Information on the number of incidents of restraint and seclusion in these services are not collected at a national level by the Scottish Government.

The Scottish Government has set out our commitment to people with a learning disability and their families through the Keys to Life Learning Disability strategy and the Learning/Intellectual Disabilities and Autism: Towards Transformation Plan . Both strategies focus on outcomes intended to ensure people with a learning disability live healthier lives, enjoy choice and control over the services they use, and are supported to be independent and active citizens.

In healthcare settings, all incidents of restraint should be recorded and monitored at NHS Board level in line with their individual clinical governance procedures. The Mental Welfare Commission also have a role in publishing guidance in this area and in addressing individual cases following contact from patients, or as a result of their visits and themed reviews.

The Care Inspectorate gathers information on all incidents of restraint and reviews selected cases to ensure staff carrying out the restraint are fully trained and best practice is followed. They also inspect residential and secure care homes at least once each year, and restraint procedures are part of that inspection process.

In education settings, under existing 2017 guidance any use of physical intervention in schools, including restraint, must be recorded and monitored by local authorities. As part of their scrutiny and improvement roles in schools, Education Scotland inspectors consider the impact of practice in relation to the use of physical intervention, including restraint, for children and young people.

On 21 June, the Scottish Government launched a public consultation on new draft human rights-based guidance on the use of physical intervention in schools. The draft guidance makes clear the recording, reporting and monitoring expectations that apply to all schools. This includes recording of a child or young person’s additional support needs and any protected characteristics.

Furthermore, this year Restraint Reduction Scotland was launched. Restraint Reduction Scotland is led by a core group of stakeholders, including professionals and family carers, who have lived experience, expertise and a shared, cross-sector, commitment to working towards the reduction of restrictive practices.

We published our Respiratory Care Action Plan for Scotland in March 2021. Since its publication we have established the Scottish Respiratory Advisory Committee (SRAC) to provide governance and oversight of the Plan implementation.

The SRAC held their first meeting in October of last year, at which, the SRAC agreed three initial priority areas for the first year of implementation. These are: pulmonary rehabilitation, data and child to adult transition services. Sub-groups have been established for each of these priority areas with membership comprising of clinical experts and third sector.

Each of the sub-groups have held their first meeting with further meetings taking place ahead of the SRAC in July. We are continuing to work with the SRAC to identify further commitments in the Plan that can begin to be progressed.

We have also funded The Alliance to launch a Respiratory lived experience network, in order to ensure that the experiences of those living with respiratory conditions are taken into account when delivering the commitments in the RCAP. The Respiratory Network was launched on 14 December 2021. The Network is represented on each of the sub-groups and the Alliance is currently working with sub-group members to determine the first pieces of work it will take to the Network. The Alliance is also in the process of expanding the Network’s membership to target groups specifically affected by the sub-groups’ focuses.

The Scottish Government recognises the importance of day services to both those who use them and to their families and carers. Revised guidance for buildings-based day services was published on 26 May 2022 which says that such services should return to pre-pandemic capacity wherever possible, while operating safely in line with COVID-19 guidance.

We are investing now in additional support for breaks. We have allocated an extra £5 million for short breaks in the 2022-23 budget, on top of the annual £3 million voluntary sector Short Breaks Fund. We have already distributed £3.5 million of this funding to the Time to Live delivery partners to expand short break support for carers. This is in addition to a further £20.4 million in the 2022-23 local government settlement for Carers Act implementation. We are also legislating through the National Care Service Bill to establish a right to breaks from caring.

We are putting in place robust plans to deliver our replacement for Winter Fuel Payment from winter 2024 and we will consult on the proposals for this replacement in due course. Our priority is taking on full responsibility for all the devolved benefits in a safe and secure transition so that people continue to receive support at the right time and right amount.

We have already introduced Child Winter Heating Assistance, which is intended to provide support to the families of over 19,000 of the most seriously disabled children and young people (including those living with a terminal illness), to help mitigate the additional cost of heating their homes in the winter months.

In addition, from this coming winter (2022-23) the Scottish Government’s new Low Income Winter Heating Assistance will guarantee an annual £50 payment to around 400,000 low-income households each winter. This is not dependent on age but will be targeted, reliable financial support to those most in need, including those in receipt of Pension Credit.

I refer the member to the answer to question S6W-08639 on 9 June 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The Scottish Government is committed to increasing the amount of time Scottish Carer’s Assistance is paid after the death of a cared for person, from the current eight weeks to 12 weeks, following discussions with carers and support organisations. We are also looking at how we can link carers to wider support which could help them at what will be a very difficult time.

We invited views on these proposals as part of the public consultation on Scottish Carers Assistance, which closed on 23 May 2022. We are considering the responses to this and will confirm the improvements we will make through our new benefit later this year.

For ease of reference, the most recent estimate for whole time equivalent of GPs can be found in the General Practice Workforce Survey 2019 which estimated that there were 3,613 GP whole time equivalents (WTE) in Scotland in 2019. The GP (excluding Specialist Trainees) WTE increased from an estimated 3,520 in 2017 to an estimated 3,613 in 2019, based on 8 sessions per week being one WTE. These are the most recent available published data for GP whole time equivalent due to impacts of the pandemic on surveys.

In our helpful discussion at the Health, Social Care and Sport Committee on 29 March 2022, I undertook to look further at options for attaining and publishing whole-time equivalent data. I can confirm that I have now commissioned NHS National Services Scotland (NSS) to run this important survey afresh, and the General Practice Workforce Survey 2022 issued to practices in week commencing 30 May 2022. Further, I can confirm the Scottish Government is making arrangements for this survey to take place on an annual basis in future.

I agree that updated data are essential in understanding capacity in general practice, and I expect a full report on t T his year’s data to be published in the Autumn. I will be pleased to write to the Committee Convenor with that report when it is available.

The Hate Crime and Public Order (Scotland) Act 2021 must be implemented effectively so that, once in force, it offers robust protections to victims. The Scottish Government is working closely with justice partners to agree a suitable commencement date for the Act.

To complement the implementation of the Act, we are developing a new hate crime strategy for publication later this year, which will help to guide how we successfully tackle hatred and prejudice in Scotland.

To support this, I chaired the inaugural meeting of the Hate Crime Strategic Partnership Group on 28 April. This group will provide a collaborative, multi-agency approach to the Strategy’s development.