Minutes of the Executive Board – 26 June 2024

Present:

• John Logue (Chair), Crown Agent and Chief Executive  
• Lindsey Miller, Deputy Crown Agent, Operational Support
• Jennifer Harrower, Deputy Crown Agent, Local Court
• 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:

• Lorraine Almond, Head of Covid Deaths Investigation Unit (Item 3 only)
• Collette Paterson, Director of Scottish Prosecution College (Item 6 only)
• Alison McCluskey, Corporate Transformation Change Manager (Item 7 only)
• Linda Butcher, Secretariat
• Mairi Boyle, Secretariat

Apologies:

• Stephen McGowan, Deputy Crown Agent, Litigation
• Ruth McQuaid, Deputy Crown Agent, High Court
• Jim Brisbane, Head of Strategy

Agenda Item 1 – Welcome and Apologies

1. The Crown Agent opened the meeting and welcomed colleagues. Anticipating there may be discussion of FOI requests under Agenda Item 5, David Watt reminded the Board that he is a member of the audit committee of the Scottish Information Commissioner. No other conflicts of interest were noted.

Agenda Item 2 - Minutes of Previous Meeting/Updates on Actions

2. The Minutes of the meeting held on 29 May 2024 were agreed. The Crown Agent thanked DCA Operational Support for chairing in his absence. 
3. Current actions were discussed and updated. Actions 6 and 7 were closed as complete.  Actions 8, 11, 12, 14 and 16 were continued.

Agenda Item 3 – CDIT update

4. Head of CDIT introduced paper EB 24/25(11).
5. CDIT is making steady progress with casework despite ongoing challenges with resourcing of work by agencies. CDIT have reviewed and closed more than 1,000 deaths cases, the majority of which are hospital death cases where CDIT does not need additional information. There remain 400 hospital deaths to be reviewed. Progress with care home death cases requires work with other agencies. CDIT staff are working at capacity. The percentage of cases reviewed that can be closed at the stage one report to Crown Counsel has increased from 20% to 80% with experience and an improved approach to obtaining information from the Care Inspectorate and health boards.
6. In conjunction with Crown Counsel, CDIT is in the process of finalising investigative strategy in respect of hospital to care home discharge deaths. Future updates to the Board will address the formulation of this strategy.
7. All Covid deaths in custody require to proceed to FAI. It is anticipated that First Notices will be lodged in six cases by September 2024.
8. The board discussed the overarching strategy on engaging with nearest relatives and equality considerations.
9. There was discussion about resource requirement for CDIT and length of time for which this will be required. Director of Finance and Procurement and Head of Business Services advised that the implications for the multi-year resource budget are shared in ongoing discussions with Scottish Government and will form part of the FY 2025-2026 budget bid. Director of Human Resources confirmed that CDIT resource requirement is factored into workforce planning.
10. The Board thanked the Head of CDIT for dealing with this challenging piece of work. The Board asked that future updates to the Board include graphic linear presentation of data on CDIT case progression that illustrates where any blockages in the system are occurring; and information about how CDIT is supporting morale and wellbeing of staff dealing with this difficult subject matter.

Agenda Item 4 - Finance Update

11. The Director of Finance and Procurement introduced paper EB24/25(12). In respect of FY 2023/2024, the annual report and accounts are now with auditors who have reported no issues to date. There was discussion about FY 2024/2025 resource and capital planning, including about areas of red RAG ratings which require to be monitored.

Agenda Item 5 - Corporate Risk Register

12. The Head of Business Services introduced paper EB24/25(13). The Board recognised that the current format of the Risk Register was coming to the end of its useful life and that a revised format will promote better accountability. This will be something to be addressed as Designed for Success is implemented.

Agenda Item 6 – People Strategy

13. The Director of the Scottish Prosecution College and Director of HR introduced paper EB24/25(14) and advised the Board of the activity planned over the next three years which will be driven by a new People Directorate led by the Director of HR and supported by the Director of the SPC.
14. The Board agreed to adoption of the strategy and publication.

Agenda Item 7 – Service Improvement

15. DCA Operational Support introduced paper EB24/25(15) and gave the Board the context for this work, which stemmed from the VIA Modernisation Programme and the breadth of phase two of this programme; the Inspectorate report on the prosecution of domestic abuse; and the recognition that there is not always corporate oversight of all of the pieces of work being done to improve service. The Board was asked to approve a proposal that all of this work is drawn together and taken forward as part of Designed For Success.
16. The Board supported the proposal. The next step will be a more concrete proposal to the Board. The DCA and CTC Manager will also consider how this can be trauma-informed.

Agenda Item 8 – Estates; Future Ways of Working

17. Head of Business Services introduced paper EB24/24(16). On Estates, he said he would bring to the Board a paper on future strategic direction, which will drive future efficiencies. On FWOW Head of Business Services gave an update on work required on productivity and explained that a full productivity report would not be available for the August meeting of the Board.

Agenda Item 9 – Balanced scorecard and absence figures

18. DCA Operational Support introduced paper EB24/25(17). The Board asked whether deaths performance would be split into CDIT and non-CDIT deaths. The DCA will discuss this with DCA Specialist Casework and capture this in future iterations of the scorecard.

Agenda Item 10 – Audit & Risk Committee

19. The Board noted the minutes of the most recent Committee meeting (EB24/25(18)).

Agenda Item 11 – Resources Committee

20. The Board noted the update (EB24/25(19)).

Agenda Item 12 – Business Process Improvement Committee

21. Head of Business Services introduced paper EB24/25(20) and updated the Board on plans to scale up the Witness Gateway. The Defence Agent Service is ready to be rolled out to Falkirk and Stirling followed quickly by Dundee. This will be formally approved at the governance meeting on 5 July. There was discussion about a recent cyber threat and the protocol for informing the Board of incidents of this nature.

Agenda Item 13 – Operational Performance Committee

22. The Board noted the update (EB24/25(21)).

Agenda Item 14 – AOCB

23. Nothing raised.