Citizens Advice Scotland has responded to the Scottish Government’s Heat in Buildings consultation.

The key points from the consultation response are:

• CAS is committed to action to tackle climate change that makes Scotland a fairer, greener and more equal society. We support a just transition to net zero, which protects individuals most affected by climate change.
• While supportive of the Scottish Government’s proposal to prohibit the use of polluting heating systems after 2045, CAS believes that people living on low income or in vulnerable situations should not experience detriment due to this policy goal.
• We agree with the proposal to introduce a minimum energy efficiency standard to be met by private sector landlords by the end of 2028, even if they are using clean heating already, on the basis that tenants have limited scope to carry out energy efficiency work for themselves.
• CAS supports the proposal to introduce a minimum energy efficiency standard for owner-occupied homes by the end of 2033. We believe that the provision of high-quality advice and a focus on tackling fuel poverty must be central aspects of this policy.
• There must be rigorous consumer protections for people who are obliged to join heat networks, with access to advice and guidance on for heat network users.

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CAS has responded to the Independent Review of Community Learning and Development, commissioned by the Scottish Government.

The key messages from this response are:

• The third sector plays a critical role in terms of supporting the personal development and learning of individuals and this should be visibly recognised and acknowledged in the forthcoming review.
• Third sector organisations can play a unique role in the design of learning and development systems and approaches that put wellbeing front and centre – because we understand the experiences of people who are vulnerable or remote from formal learning pathways.
• Any subsequent review of public funding models for community-based learning needs to increase the accessibility of resourcing to third sector organisations such as Citizens Advice Bureaux (CABs).
• Even at this early stage in the review, it is crucial to make connections between the outcomes of this Independent Review and planned legislation focussed on Community Wealth Building (CWB) and the Wellbeing Economy in Scotland.

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CAS welcomes the introduction of the Bill in response to longstanding calls for wholesale reform of legal services regulation in Scotland. Voices from across the spectrum of stakeholders deemed the current system too rigid, unsuitable for supporting and engendering a thriving and dynamic legal services landscape, and too complex and difficult to understand and navigate for the public. Throughout our engagement with efforts to reform the regulatory framework CAS has therefore supported changes aimed at placing the interests of consumers and rights-holders at the heart of legal services regulation.

The draft Bill does not provide for the independent regulatory model which we continue to strongly support. In its current form, we have concerns that some of the proposed changes may not be of benefit for consumers and their interactions with providers of legal services as outlined below.

Nevertheless, CAS takes the view that MSPs should support the general principles of the Bill to allow for reform of the current system. Legal services play a vital role in supporting people to protect and realise their rights and freedoms, in upholding the rule of law and providing access to justice. We urge MSPs to strongly consider the implications of the Bill on these essential functions and help to realise a Bill that centres on the public and consumer interest in the regulation of legal services.

Read the full briefing below:

A CAS consultation response.

Citizens Advice Scotland has responded to the Scottish Government's consultation on the Wellbeing and Sustainable Development Bill.

Key points from the consultation are:

• The third sector plays a critical role in terms of supporting personal and collective wellbeing and this should be recognised in the forthcoming Bill.
• The wellbeing of people working in the sector is inextricably connected to wellbeing of the communities they support.
• Third sector organisations can play a unique role in design of systems and approaches that put wellbeing front and centre – because we understand the experiences of people who are at risk of or experiencing vulnerability and poverty.
• That same evidence base from the lived experience of those supported by the third sector will provide a different level of insight into wellbeing that cannot always be fully captured or understood via econometric measures alone.
• The forthcoming Bill cannot be viewed in isolation – at an early stage it is important to connect with related pieces of legislation such as the upcoming Community Wealth Building Bill.

You can read the response by downloading below: 

Key points from our response are:

• CAS supports making temporary provisions relating to the use of electronic signatures and digital transmission of documents in criminal cases permanent, as we understand these can improve access to and speed up court processes for some – however the implementation of these provisions must acknowledge the multiple barriers many people experience and additional support they will require to engage in digital communications and offer alternative methods and support where required.
• We would caution against simply relying on electronic transmission of documents to a person’s solicitor instead of requiring these documents to be also sent to a party in a criminal case. Some individuals may for various reasons have difficulties engaging with or contacting their solicitor – this would leave them at a significant risk of missing vital documents and messages if they are only sent electronically and/or only to their solicitor.
• The current provisions stipulate that the Lord Justice General can direct that there should be exceptions to the rules regarding electronic signing and sending of documents. CAS would urge that such exceptions are not just based on document type and mainly aimed at efficiencies but that courts have a duty to holistically take into account, at the earliest opportunity possible, the situation and needs of the individuals involved to enable a person-centred implementation of these rules and everyone’s equal access to justice.
• We support the suggested provisions regarding virtual attendance in criminal cases as long as physical attendance at hearings remains the default for most criminal business, and courts can only overturn this on an individual case-by-case basis when it is satisfied that virtual attendance would not prejudice the fairness of proceedings or be otherwise contrary to the interests of justice.
• CAB advisers working in prison settings and providing crucial advice and support to prisoners have highlighted that virtual hearings, while often welcome to speed up trial dates and proceedings, can lead to disengagement of the accused. The right of the accused to meaningfully participate in criminal proceedings can be further affected where individuals face additional barriers such as language or disability.
• Close monitoring is required of the impacts of these provisions on people’s human rights as well as equality and inclusion in the criminal justice system, so that continuing and newly developing issues impeding people’s access to justice can be better understood and addressed.

You can read the response by downloading below: 

Citizens Advice Scotland has responded to Ofgem's call for input on standing charges. 

The key points from the response are:

• Scrapping standing charges and increasing unit rates creates 'winners' and 'losers'. The latter group includes low-income households that have high energy use.
• We think that Ofgem should compel energy suppliers to offer tariffs without standing charges, available to consumers who would benefit from this kind of tariff.
• Given the disparities in regional standing charge rates, we believe that Ofgem should consider whether a regional approach is fair.
• So-called 'rising block' tariffs, which don't have a standing charge and have progressively more expensive blocks of unit rates, may encourage energy rationing and disincentivise low-carbon electric heat take-up

You can download and read the full response below:

CAS makes the following submissions restricted to aspects of:

• Part 1 providing the power to introduce Regulations to create Scottish Child Payment (SCP) as a standalone payment, not simply a top up provided to those in receipt of certain reserved benefits.
• Part 2 proposing to repeal certain emergency Coronavirus provision.
• Part 3 proposing new timescales for re-determination or appeal requests, the right to withdraw a re-determination request, clarification of duties where a re-determination has not been completed within the period allowed, powers to make a new determination which stops an appeal following an error whilst an appeal is ongoing, and new powers for the Tribunal in a process appeal.
• Part 4 proposing a right to review, followed by a right to appeal to the First-tier Tribunal for Scotland, against a finding of liability for an overpayment. 

Our key recommendations:

• Carefully drafted guidance on what constitutes “good reason”, and “exceptional circumstances” will require to include guidance on Covid-19.
• The provisions relating to re-determinations within one year and outwith one year should be mirrored in respect of initial applications for Adult Disability Payment (ADP).
• Return periods for review forms should mirror those for initial applications.
• Consideration should be given to eliminating the re-determination stage for claimants. Doing so would ensure that the process of challenging decisions best supports the dignity of individuals while improving efficiency.
• Clear guidance to claimants and stakeholders about the status of appeals raised when a re-determination has not been completed within the statutory timescales. Such guidance should clarify that these appeals concern the original decision not yet re-determined and that the Tribunal is empowered to substitute its own decision about entitlement. Such guidance would clarify the status of further evidence submitted with the out of time re-determination request.
• Exploring the options for using an income threshold below which lawfully recoverable overpayments will not be collected. 

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An analysis of housing repairs advice across the Citizens Advice network in Scotland.

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This short briefing paper aims to give an update on relevant data and information for the Scottish Government to consider as part of its reporting to parliament on the impact of the Cost of Living (Tenant Protection) Act.

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CAS responded to the Scottish Government consultation on a Human Rights Bill for Scotland which opened in June 2023.  

In our response:

• CAS strongly supports the proposal to incorporate International Human Rights treaties into Scots law, and place new duties on public bodies and those delivering devolved public functions to meet agreed international standards in delivering these rights for people in Scotland.
• CAS believes there is huge potential for this Bill to improve the lives of people in Scotland, through establishing enforceable minimum standards and improved channels for redress and accountability over the delivery of economic, social and cultural rights.  
• Resourcing and capacity-building across duty-bearers, scrutiny bodies, and advice, information and advocacy providers will be vital if the Bill is to realise its transformative potential.
• Resource implications for the advice sector should be considered as soon as possible, in dialogue with communities and providers, and included in any financial memorandum accompanying the Bill. CAS is calling for entitlement to information, advice, and advocacy to be included on the face of the Bill, and as a core element of the Human Rights Scheme.
• More detail is required on the need for legal aid reform, to enable more equitable access to justice. CAS has been highlighting serious gaps in access to legal aid across Scotland for many years, and the lack of accessible, affordable routes to remedy will be a serious hurdle to the success of this Bill.  
• CAS believes another key priority of this systemic change should be to simplify, as far as possible, the processes that rights holders have to navigate to access their entitlements, and to access justice and redress when things go wrong.  
• CAS supports the incorporation of the Right to a Healthy Environment and urges that this should include protections against environmental health risks experienced by too many people across Scotland - such as damp, mould, and poor sanitation.  
• CAS supports the specific inclusion of LGBT and Older People within the Bill’s Equality Clause.  
• CAS strongly urges that the ‘Equalities’ treaties specifically protecting rights of disabled people, women, and racialised groups should receive equal treatment in the incorporation model, meaning that substantive elements should be included, under a duty to comply, as far as possible within devolved competence. 

For any inquiries, please contact Hyo Eun Shin, [email protected].  

To read our full response, download below: