Minutes of the Executive Board – 21 February 2024

Present:

• John Logue (Chair), Crown Agent
• Lindsey Miller, Deputy Crown Agent, Operational Support
• Ruth McQuaid, Deputy Crown Agent, High Court
• Jim Brisbane, Internal Assurance, Strategy and Policy Advisor
• Stephen McGowan, Deputy Crown Agent, Litigation
• Kenny Donnelly, Deputy Crown Agent, Specialist Casework
• Keith Dargie, Head of Business Services
• Marlene Anderson, Director of Finance and Procurement
• Sarah Carter, Director of Human Resources
• David Watt, Non-executive director
• Vanessa Davies, Non-executive director

In attendance:

• Andrew Laing, Deputy Head of Local Court
• Fiona Holligan, Secretariat
• Linda Butcher, Secretariat

Apologies:

• Jennifer Harrower, Deputy Crown Agent, Local Court
• Mairi Boyle, Secretariat

Agenda Item 1 – Welcome and Apologies

1. Crown Agent opened the meeting and welcomed colleagues, particularly Andrew Laing representing Local Court. Non-Executive David Watt reiterated an interest regarding the Information Commissioner.

Agenda Item 2 - Minutes of previous meeting

2. The minutes of the meeting held on 13 December 2023 were approved and can be published. Noted in minutes that Recourses should be Resources Committee.

Action 1:  Can be closed.

Action 2:  Can be closed.

Action 3:  Can be closed.

Action 5:  Can be closed.

Action 10:  Can be closed.

Agenda Item 3 - Finance Update

3. The Director of Finance and Procurement introduced paper EB23/24(48)B and highlighted the current 2023/24 budget position. As at the end of January, the forecast is for a £2,000 overspend and contingency is in place for the remainder of the financial year.
4. The Director of Finance and Procurement summarised the 2024/25 budget planning position. A workshop was held in January and discussions are ongoing with function budget holders to work towards achieving a balanced budget for staffing. The Crown Agent acknowledged there was still some work to be done and expected budget holders to be in a position to go to Finance with specific proposals on how to manage the attrition rates and vacancy management pressures indicated. The Director of Human Resources confirmed further work was being done with workforce planning. There was a discussion on where functions are with their 2024/25 Business Plans. COPFS needs to finish 2024/25 in a position which prepares it for more challenging financial budgets. The Director of Finance and Procurement reminded the Board that COPFS has not been funded for the impact of new pension costs or for the impact on resources from changing legislation.  Finance is continuing to feed into Scottish Government discussions on future years capital funding. The Crown Agent thanked all those who worked on 2024/25 budget process.
5. The Head of Business Services introduced paper EB23/24(48)C and outlined COPFS’ budget resource and related planning activities and approaches for 2025-26 and subsequent years. He highlighted the key principles and strategic approaches that will be important including timescales. There was a discussion around the importance of all functions having visibility of the corporate position.
6. The Director of Finance and Procurement and Director of Human Resources introduced paper EB23/24(48)A and provided a summary of the overtime and on-call costs to 31 January 2024, and what overtime was used for.  The Board noted the amount of overtime related to public holiday cover. While there are now more holiday courts to cover than pre-pandemic, this cost can be predicted and factored into future costs.  There was a discussion on how the information on overtime could be improved.

ACTION – Director of Finance and Procurement to look at sub-dividing overtime expenditure into further categories for a better picture in 2024-25.

7. The Director of Finance and Procurement introduced paper EB23/24(48) and summarised COPFS’ financial strategy 2023-27. The strategy has been to the Resources Committee and if the Board is content, it can be published. There was a discussion. It was agreed that the paper come back to the Executive Board in March with a covering note to highlight the differences from the previous one. The paper itself will be updated to include budget planning over next year and setting out a path to 2027 with more of a focus on what are we going to do and setting out assumptions of where we think public sector finance is going.

ACTION – Director of Finance and Procurement to bring updated Financial Strategy paper back to Executive Board in March meeting for sign off. (Note: due to annual leave and SG priority returns, this will be delayed to May)

Agenda Item 4 – Future Ways of Working (FWOW)

8. The Head of Business Services introduced paper EB23/24(49) and provided a brief update on the progress of the FWOW Programme and the next steps. There is an opportunity to go further than outlining the programme benefits and to use the information as a baseline to feed into the resources plan. The Board will get a full update in May on the Programme benefits report, as at the end of March 2024. There was a discussion around the 2023 People Survey data, productivity and wellbeing.

Agenda Item 5 – Summary Case Management

9. The Internal Assurance, Strategy and Policy Advisor provided a verbal update on the Summary Case Management Pilot. The Board noted that the Pilot had been extended to Glasgow Sheriff Court and was formally due to finish at the end of the month. The Internal Assurance, Strategy and Policy Advisor provided some statistical data. The results are encouraging, demonstrating that the pilot has been a success. He also outlined the next steps and indicated that you can apply the thinking into other parts of the business. He ended by setting out the timescale for the evaluation of the pilot.
10. The Crown Agent thanked everyone who has helped made the pilot a success and noted the positive outcomes. He noted the challenge will be for Local Court to realise the benefits across all the summary courts. The Deputy Head of Local Court agreed and highlighted other work ongoing in Dundee, including the Digital Evidence Sharing Capability (DESC). The Crown Agent commented that he expects to see three matters included in the Local Court Business Plan: the 10% shift in the contest rate must be seen as a start and we should aim much higher; the need to be ready to extend as quickly as possible once the pilot has judicial sign off; and the need to identify savings as the Dundee pilot has shown cases can be resolved more quickly with fewer court hearings per case.

Agenda Item 6 – Operational Support

11. DCA Operational Support introduced paper EB23/24(50) and asked the Board to note the paper. She provided a specific update advising the Board that the Head of Information Governance post had been advertised and noted the high calibre list of applicants due to be interviewed in the coming weeks. Non-Executive Director Vanessa Davies advised that the Audit and Risk Committee has still to see the Information Commissioner’s Office’s audit report on communications (phone) data.

ACTION – DCA Operational Support to share the Information Commissioner’s Office report with the Audit and Risk Committee when it is available.

12. The Head of Business Services highlighted the Business Services part of paper EB23/24(50), focusing on what has been delivered to date and the priorities for quarter 4. The Crown Agent requested that the Board get an update and more detail on the next generation casework by April.  The Board noted the electronic reporting to Crown Counsel had been released nationally on Monday and the Witness Gateway is now live, the first phase having commenced last Thursday. Information assurance reports are still awaited in relation to DESC.

ACTION – Head of Business Services to provide Executive Board with an update on Next Generation Casework by April.

Agenda Item 7 – Local Court

13. Deputy Head of Local Court introduced paper EB23/24(51) and summarised the highlights including reducing the marking backlog and work being done in relation to sheriff and jury cases. There was a general discussion on solemn timebars. The Crown Agent noted the great achievement reducing the marking backlog and requested that the function business plan include more detail and focus on Sheriff and Jury. There is an opportunity to change the current way of working during the period accused are on remand in jury cases and the business plan should include how Local Court will increase productivity. The Crown Agent thanked the Deputy Head of Local Court for the paper.

Agenda Item 8 – High Court

14. DCA High Court introduced paper EB23/24(52) and summarised the position including the ongoing backlog and work ongoing to increase productivity. Whilst not in the paper, DCA High Court highlighted some successful results over the past year in High Court cold cases. The Crown Agent noted the biggest challenge for High Court is clearing the backlog in case preparation before the change to the timebar rules in November 2025. The Crown Agent indicated it would be helpful if the next High Court update could include the impact ongoing work, such as electronic reporting to Crown Counsel, and the transfer of resource into High Court from Local Court is having to productivity.

Agenda Item 9 – Specialist Casework

15. DCA Specialist Casework introduced paper EB23/24(53) and summarised the position including the work ongoing to bring legacy death investigations to an end. Management information will allow the creation of new achievable but challenging KPIs. Director of Finance and Procurement commented that it would be helpful if the Covid Deaths Investigation Team (CDIT) update could include the number of reports that have concluded.

ACTION – DCA Specialist Casework to arrange for the next CDIT update to include the number of reports that have concluded.

Agenda Item 10 – Resources Committee

16. DCA Operational Support introduced paper EB23/24(54) and highlighted the part on staffing and recruitment. The focus is on a collaborative corporate base rather than territorial. DCA Operational Support reassured the Board that comments made earlier regarding the Financial Strategy had been discussed at the Resources Committee which will be fed into the updated paper.

Agenda Item 11 – Business Improvement

17. Head of Business Services introduced paper EB23/24(55) earlier in the meeting which was discussed under agenda item 6 above.

Agenda Item 12 – Operational Performance Committee

18. DCA Litigation introduced paper EB23/24(56), which the Board noted.

Agenda Item 13 – Audit and Risk Committee

19. Non-Executive Director Vanessa Davies introduced paper EB23/24(57) and highlighted that the Committee was preparing for this year’s audit.

Agenda Item 14 – AOCB

20. Nothing raised.