Community Empowerment (Scotland) Act 2015 - part 3 participation requests: findings report review
This review of Part 3 of the Community Empowerment (Scotland) Act 2015 presents and synthesises findings on the use and impact of participation requests since their introduction in 2017. It additionally considered whether an appeals or review mechanism for participation requests was required.
2. Methodology
2.1 Review aim
The aim of this review is to present and synthesise findings on the use and impact of participation requests over the last seven years by Public Service Authorities and Community Transfer Bodies, and to assess whether an appeals or review mechanism for participation requests is required. Findings will help inform what practical or statutory updates might be required for participation requests to further empower communities. To address these aims this review considered three questions:
- Is Part 3 of the Community Empowerment (Scotland) Act 2015 being implemented as intended by Public Service Authorities?
- Are participation requests enabling Community Participation Bodies to be more involved in decisions and processes aimed at improving outcomes for communities?
- Should an appeals or review mechanism be introduced for participation requests?
2.2 Review Approach
This review was undertaken by the Scottish Government’s Public Service Reform Directorate. Evidence available prior to the review launch was considered and this included:
- participation request data made available by some of the Public Service Authorities from 1 April 2017 when the legislation was introduced
- an independent evaluation of the first three years participation request activity by Glasgow Caledonian University
- post legislative scrutiny by the Scottish Parliament Local Government and Communities Committee
- a National Conference on participation requests that was held in March 2022
Following the launch of the review in July 2022, the Scottish Government gathered further evidence by commissioning SCDC and Glasgow School of Art School of Social Innovation and Technology (SIT) to gain an increased understanding of participation requests implementation and impact. As part of SCDC’s work they were also asked to consider the potential need for an appeals mechanism.
In addition, the Scottish Government hosted two online workshops in November 2023 to gather views from Community Participation Bodies and Public Service Authorities on the use and impact of participation requests. A key part of the process was gathering feedback from all Public Service Authorities which was progressed in two ways. Firstly, the Public Service Authorities were asked to complete an additional section in the participation requests annual reporting template in 2022 and 2023 to gather their views. They were contacted again in August 2024 to provide another opportunity to comment.
2.3 Review Limitations
This review was conducted using available quantitative and qualitative data. Not all Public Service Authorities have made their reports publicly available, and many Public Service Authorities did not return their annual reporting templates to the Scottish Government. As a result, the findings in this report cannot be said to reveal the full picture of participation request activity in Scotland. It is also important to note that an application may be received and an Outcome Improvement Process subsequently agreed informally and outwith the legislative framework. Furthermore, Public Service Authorities can accept an application in one year and decide on this in a subsequent reporting year.