- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Margaret Curran on 3 March 2004
To ask the Scottish Executive, with reference to the Pathfinder Inspection Report on East Lothian Council by Communities Scotland, what concerns it has in respect of the council achieving its own quota for homelessness allocations.
Answer
I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is asfollows:
As set out in section 7 of the Pathfinder Inspection Report, the Executive’s concern in relation to thisissue is primarily about the weaknesses in management information availablefrom the local authority. This meant that the local authority was not able toprovide reliable information to Communities Scotland Inspectors showing whatoutcomes were being achieved for homeless people applying to the council forhousing. These weaknesses also meant the local authority could not clearly demonstratewhether it was achieving its own quota for allocations to homeless people.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Margaret Curran on 1 March 2004
To ask the Scottish Executive, with reference to the Pathfinder Inspection Report on East Lothian Council by Communities Scotland, what role it has in ensuring a fundamental shift in the council's position to meet current and future needs for permanent accommodation for homeless people.
Answer
I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is asfollows:
Scottish ministers actingthrough Communities Scotland have requested that East Lothian Council producean improvement plan, setting out how it will respond to the findings of the pathfinderinspection report. The plan is due to be submitted on 17 March 2004, eight weeksafter the publication of the inspection report.
Communities Scotlandwill then agree arrangements with the local authority for monitoring theimplementation of the plan to ensure that the necessary improvements in theservices for homeless people and those threatened with homelessness areachieved. Performance in this area will be reassessed within two years and a fullre-inspection of the local authority will be carried out within five years.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Margaret Curran on 1 March 2004
To ask the Scottish Executive what action it will take in the light of the findings and recommendations of the Pathfinder Inspection Report on East Lothian Council by Communities Scotland that The Council delivers a poor homelessness service with major areas where improvement is needed and the prospects for improvement in the homelessness function are uncertain.
Answer
I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is asfollows:
Scottish ministers, actingthrough Communities Scotland, have requested that East Lothian Council producean improvement plan, setting out how it will respond to the findings of the pathfinderinspection report. The plan is due to be submitted on 17 March 2004, eight weeksafter the publication of the inspection report.
Communities Scotlandwill then agree arrangements with the local authority for monitoring theimplementation of the plan to ensure that the necessary improvements in theservices for homeless people and those threatened with homelessness areachieved. Performance in this area will be reassessed within two years and afull re-inspection of the local authority will be carried out within fiveyears.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Tom McCabe on 1 March 2004
To ask the Scottish Executive what further procedures are available to a complainer if a complainant is not upheld by the Care Commission in whole or in part.
Answer
The Care Commission’s complaintsprocedure allows complainants to confirm whether they accept the CareCommission’s provisional conclusions and if not, to express any concerns to theCommission. The Commission will address these concerns before issuing a finaldecision. If they remain dissatisfied complainants can then seek a review ofthat decision. The Care Commission’s head of policy and development or the directorof operations will either review the decision or ask the Care Commission ReviewCommittee to do so.
If the complaint isultimately not upheld either wholly or partly by the Care Commission thecomplainant has recourse to the Scottish Public Services Ombudsman, who caninvestigate any action taken by or on behalf of the Commission in the exerciseof its administrative functions.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Tom McCabe on 1 March 2004
To ask the Scottish Executive what responsibility it had for the distribution of the Care Commission's user guide to their complaints procedure; how many copies of the guide were issued in the current year; where the guide can be accessed; how it is monitoring take-up of the guide, and what plans it has to publicise the complaints procedure and the help line.
Answer
Operation of the CareCommission’s complaints procedure is a matter for the Commission. The currentcomplaints procedure has the consent of Scottish Ministers as required by theRegulation of Care (Scotland) Act 2001.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Margaret Curran on 27 February 2004
To ask the Scottish Executive, with reference to the Pathfinder Inspection Report on East Lothian Council by Communities Scotland, what steps it can take when a council breaches its statutory duty.
Answer
I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is asfollows:
Communities Scotland,acting on behalf of Scottish Ministers, in terms of Part 3 of the Housing (Scotland)Act 2001, has powers to require a local authority to submit a plan setting outhow it will deal with the matters of concern raised in an Inspection Report.Once this plan has been agreed, the local authority is required to implementit. If Communities Scotland considers that the plan is not being satisfactorilyimplemented, it also has the power to appoint a special manager to ensure thatthe necessary action is taken to deal with the issues raised in the InspectionReport.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 04 February 2004
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Current Status:
Answered by Margaret Curran on 27 February 2004
To ask the Scottish Executive, with reference to the Pathfinder Inspection Report on East Lothian Council by Communities Scotland, what concerns it has regarding the limit placed by the council on vacant properties on offer to homeless households in priority need and whether this breaches the council's statutory duties.
Answer
I have asked Ms Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is asfollows:
The Executive’s concernsregarding this matter are set out in paragraph 7.3 of the Pathfinder InspectionReport on East Lothian Council. This states that “The Council places a limit onthe number of vacant properties that can be offered to homeless households inpriority need, either in its own housing or through nominations to RSLs. Thisis resulting in many homeless households spending relatively long periods oftime in temporary accommodation while awaiting permanent housing.”
In terms of section 20 of the Housing (Scotland) Act 1987 (as amended), a local authority has anobligation to give reasonable preference to homeless persons as well as othergroups in the allocation of its housing. There is no legislative provision thatprevents the local authority from limiting the allocation of vacant houses inits ownership in respect of certain categories of applicant.
The local authority has astatutory duty under section 31 of the 1987 Act to secure permanentaccommodation for homeless people in priority need. The concern raised in thePathfinder Inspection Report does not directly relate to the local authority’sfulfilment of the duty under section 31 but to the length of time many homelesspeople are waiting before the duty is fulfilled.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Thursday, 05 February 2004
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Current Status:
Answered by Tavish Scott on 26 February 2004
To ask the Scottish Executive, further to the answer to question S2W-5725 by Cathy Jamieson on 3 February 2004, if statistics regarding convictions under the Dog Fouling (Scotland) Act 2003 are not held centrally, how it intends to monitor the efficacy of the legislation.
Answer
The Scottish Executive intend to undertake a survey towards the end of 2004 to establish howeffective the provisions of the Dog Fouling (Scotland) Act 2003, whichcommenced on 22 October last year, have been. This will incorporate a sectionon the number of fixed penalties issued and any cases which have been referredto the procurator fiscal for consideration.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 03 February 2004
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Current Status:
Answered by Tom McCabe on 26 February 2004
To ask the Scottish Executive what the estimated annual cost is of providing free personal care for people under 65 diagnosed with dementia.
Answer
This information is notavailable centrally. However, the Executive is committed to further considerationof the position of other care groups, such as younger people with disabilities.We propose to commission research on the needs of younger people with physicaldisabilities and dementia, and the services they can receive. Our intention isto discuss the possible aims and focus of this research with stakeholders anddraw up a specification. The stakeholder group set up for this purpose hasalready met, and has scheduled further meetings.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 03 February 2004
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Current Status:
Answered by Malcolm Chisholm on 26 February 2004
To ask the Scottish Executive what guidance is given to GPs with regard to distinguishing different types of dementia on death certificates.
Answer
No guidance is givenspecific to dementia. However, the Medical Certificate of Cause of Death usedin Scotland follows that recommended by the World HealthOrganisation and general training material on how to complete this was providedin 1999 to directors of post graduate GP education, post graduate deans, post graduatetutors and NHS Education.
Every pack of certificates whichissues to GPs also includes guidance on completion, including how to record thedisease or condition that led directly to death, the underlying cause and anysignificant contributing condition, disease or accident, which was not part of the sequence leading directly to death.