Western Isles Citizens Advice Bureau Advice Service: island communities impact assessment (ICIA)

Island Communities Impact Assessment (ICIA)

Title of policy, strategy or programme

Western Isles Citizens Advice Bureau Advice Service

1. Develop a clear understanding of your objectives

This document captures and summarises how an Island Communities Impact Assessment has been carried out.

Third sector grant funded advice projects, which the Scottish Legal Aid Board (SLAB) administer on the Scottish Government’s behalf, were developed as part of the Early Resolution and Advice Programme (ERAP). The project provides a mix of direct assistance and representation for people at risk of or facing court action related to debt in respect of mortgage or tenancy repossession and other serious debt issues. Some projects provide information, advice, and signposting for people with small claims problems (and now simple procedure problems) and provide help with other civil court matters to increase people’s ability to navigate the court process themselves.

The projects are split into Steam 1, Stream 2, Stream 1 and 2 (that offer a mix of objectives).

Stream 1 provides direct assistance and representation for people at risk of or facing court action related to debt and matters in respect of mortgage or tenancy repossession.

Stream 2 offers direct assistance to tackle the multiple and serious debt issues underlying these court actions and signposting for people with small claims problems (and now simple procedure problems) and provide help with other civil court matters to increase people’s ability to navigate the court process themselves.

Although some of the projects that are still in operation within ERAP have run for multiple years, this is because funding has been awarded on an annual basis. Scottish Ministers have not made any multi-year funding agreements or long-term funding agreements, and funding is allocated on a year-by-year basis.

While the projects are delivering the outcomes and programme aims they were set out to achieve, these should also align with our current Justice Vision three year delivery plan - while taking into account the changes that have been made to the wider justice system (for example in the way simple procedures are now carried out).

2. Gather your data and identify your stakeholders

The impact of this year’s funding decision on the projects who are delivering advice services in the Scottish Islands with ERAP are identified as:

• Western Isles Citizens Advice Bureau – Western Isles Court Services Project
• Orkney Citizens Advice Bureau – Orkney In-Court Advice Project in Kirkwall

3. Consultation

At the end of each funding year, SLAB have communicated with projects that ‘rolling’ year on year funding was never the long-term intention of the programme, and that any annual grant funding agreements, is not part of any core funding to the individual projects. SLAB have been clear that funding offered to projects should not be regarded as ‘dependable income’.

The funding provision for 2024-25 was allocated in line with the priorities set out in the Scottish Government’s Vision for Justice: three-year plan. The Scottish Government has targeted the funding in 2024-25 to projects that align to its current priorities. Therefore, the Scottish Government agreed a six-month continuation of project funding to the end of September 2024 to all ERAP projects funded in 2023-24, under Stream 1, Stream 2 and Streams 1 and 2, in order to assist projects make alternative funding arrangements and to explore the potential to build partnerships links with other local and national funders of advice, which is outlined in the Framework for Public Funding of Advice in Scotland. Funding from 1 October 2024 will focus on Stream 1 criteria only.

The framework is available in the public domain and available on SLAB’s website and was put in place to assist funders to assure themselves that they are working in line with good practice for funding of advice and representation services, whether external or in house. The framework focuses on the best outcome for the client facing a problem and value for money for the public purse, by minimising duplication and overlap, encouraging referrals and a joined-up, strategic approach between funders and providers.

4. Assessment

With regards to the Western Isles project, the funding criteria focuses mainly on Stream 2 objectives and Simple Procedures. The recent monitoring and evaluation data received from SLAB shows a very low volume of housing casework being carried out, therefore it is the view that in terms of sustainability this provision cannot be continued under the remaining scope.

In terms of the criteria for funding for small claims problems with the introduction of the Simple Procedure process, party litigants are now required to access forms online and are encouraged to complete them away from the court. The electronic submission of court papers is now mandatory. Increasingly, projects had found that there are fewer opportunities to assist clients at case management hearings or proofs, with these being carried out online via WebEx. Projects have moved to providing assistance to clients who required help navigating the online system and filling out Simple Procedure forms. Monitoring and evaluation information obtained from SLAB also shows a downward trend in user numbers for this service.

Any impact of the loss of this service, which we believe not to be significantly different from the effect on other communities including other island communities, can be managed through other available advice services.

For example, SLAB has a Civil Legal Assistance Office covering the Highlands and Islands area and it will continue to provide its existing services to assist people in the area.

In addition, a further ERAP project is available at the Orkney Citizens Advice Bureau which criteria for funding focuses on Stream 1 objectives and is continuing to offer advice and assistance on legal issues, including housing matters.

Conclusion

Section 7 of the Islands (Scotland) Act 2018 sets out a specific duty for relevant authorities.

Our assessment to the related duty in Section 8 of the Act, which requires relevant public bodies to undertake an island communities impact assessment

“in relation to a policy, strategy, or service which, in the authority’s opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions”

has not identified any unique impacts on island communities nor any potential barriers or wider impacts?

We have therefore determined that a full ICIA is not required as the impact of any funding decision in 2024-25 is not significantly different from the effect on other communities including other island communities and we can therefore proceed to Step Six.

5. Preparing your ICIA

Not required.

6. Making adjustments to your work

Consideration has been given in respect of The National Plan for Scotland’s Islands, - duties in Relation to Island Communities: Relevant Authorities (introduced by section 7(2) of the Islands (Scotland) Act 2018).

The National Islands Plan (2019), prompted by the Islands (Scotland) Act 2018, sets out the main objectives and strategy of the Scottish Government in relation to improving outcomes for island communities. In doing so, it highlights many of the pressing challenges and unique circumstances faced by islands populations which should also be considered in the context of any new funding models.

Challenges which should be considered in the context of future funding are noted under the following headings (adopted from The National Islands Plan): economic, infrastructure, population, community empowerment, environment, arts and culture, and languages.

Legal Aid Reform

We will continue to work with the legal profession and other stakeholders, including those in the third sector to identify measures to improve and reform Scotland’s legal aid system.

Regulation of Legal Services (Scotland) Bill

The Regulation of Legal Services (Scotland) Bill was introduced to the Scottish Parliament on the 20 April 2023. The current situation in Scotland is considered unnecessarily complicated and restrictive in terms of how third sector organisations are able to provide reserved legal services.

This may also have a negative impact on those seeking advice as they are passed from organisation to organisation and have to repeat the issue affecting them.

If passed by Parliament, the Bill will remove restrictions preventing charities, law centres and citizen’s advice bodies from directly employing solicitors to provide certain legal services to some of the country’s most vulnerable citizens.

7. Publishing your ICIA

ICIA completed by: Alison Dewar, Access to Justice Team Leader

Signature: Alison Dewar

Date completed: September 2024

ICIA approved by Denise Swanson, Deputy Director Civil Law and Legal Systems

Signature: Denise Swanson

Date completed: September 2024