Minutes of the Executive Board – 29 May 2024

Present:

• Lindsey Miller (Chair), Deputy Crown Agent, Operational Support
• Jim Brisbane, Director of Strategy
• Stephen McGowan, Deputy Crown Agent, Litigation
• Jennifer Harrower, Deputy Crown Agent, Local Court
• Kenny Donnelly, Deputy Crown Agent, Specialist Casework
• Ruth McQuaid, Deputy Crown Agent, High Court
• 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
• Jonathan Shebioba, Director of Support Services (item 5)
• Frances Ross, Designed for Success Programme Manager (item 5)
• Emma Forbes, Deputy Head of Policy (item 6)

In attendance:

• Fiona Holligan, Secretariat

Apologies:

• John Logue, Crown Agent and Chief Executive
• Linda Butcher, Secretariat

Agenda Item 1 – Welcome and Apologies

1. The DCA Operational Support opened the meeting and welcomed colleagues. No conflicts of interest were noted.

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

2. Subject to the undernoted amendments, the minutes of the meeting held on 27 March 2024 were approved and can be published. There are no actions noted for May.

Paragraph 5 – ‘In relation to FY 23/24, there will be a final audit on the budget by the end of May.’ to be changed to ‘In relation to FY 23/24, an external audit of the budget will begin at the end of May.’

Paragraph 6 – ‘revenue overspend’ to be changed to ‘revenue underspend.

Agenda Item 3 - Finance Update – Budget Update for 24/25

3. The Director of Finance and Procurement introduced paper EB24/25(01).
4. In relation to 2023/24, the draft Annual Accounts have been submitted to Audit Scotland and a copy will be sent to Executive Board next week for review and comment. COPFS is reporting a resource underspend of £7.2m. This is mainly made up of a lower-than-expected compensation settlement and other year-end adjustments being lower than anticipated.
5. In relation to 2024/25, the first forecast figures are due mid-June. Budget delegation letters have been sent to budget holders with most of them returned. Functions are finalising their business plans to deliver within allocated budget. COPFS is still liaising with Scottish Government regarding options for estates invest to save capital projects and these are expected to be considered with any possible resulting allocations in the coming months, Planning continues for 2025/26 budget round which is anticipated to begin during summer.
6. The DCA Operational Support highlighted the importance of having plans in place for a phased reduction of funding for Covid deaths investigation and court recovery. The Head of Business Services reminded that COPFS has committed to drafting a resource plan and this will commence next week. There was a brief discussion on 2024/25 being about continuing to deliver and planning for reduced resources over the next 2-3 years. The DCA Operational Support advised that it is anticipated the business case for how pathology, toxicology and mortuary services will be delivered in future is due to be finalised in the autumn which will have an impact on COPFS budget planning.

Agenda Item 4 – Corporate and Functional Business Plans

7. The Head of Business Services introduced paper EB24/25(02).
8. The Head of Business Services set out the background and context to the advanced version of the COPFS Business Plan for 2024/25 before the Executive Board for discussion. He pointed out the key delivery priorities and key indicators to measure success contained within the high-level corporate business plan that will be published externally on the COPFS website. The Head of Business Services will share a draft framework to manage and track progress monthly at the next meeting.
9. Clarification was sought as to whether the draft framework to manage and track progress was different to the Operation Performance Committee which oversees performance and delivery targets across COPFS. The Head of Business Services advised the framework would be used as a high-level strategic tracker across the functions. There was consensus that the corporate business plan should include a definition of ‘legacy death’ and further detail on the Designed for Success programme. There was agreement that consideration should be given to refreshing the current four key indicators.
10. There was a brief discussion of the functional business plans with agreement that there was evidence in each one linking to the strategic priorities and that work should begin now for next year’s plans. The functional plans will be finalised and the High Court plan will be refreshed to include more performance measures.

Action: DCA Operational Support and Head of Business Services to update corporate business plan.

Agenda Item 5 – Designed for Success – Update

11. The Designed for Success Programme Manager introduced paper EB24/25(03).
12. The Designed for Success Programme Manager provided an update on the Programme including a brief overview of the roadshows to date and trends identified from questions from staff. Currently, the Programme is expected to run for the next two years and is scoping each of the workstreams that have been identified. Board members were encouraged to attend one of the roadshows.
13. There was a brief discussion during which the Board was reassured that progress will be monitored and consideration is being given to the challenge of getting people involved in this work in addition to their current work commitments. The Designed for Success Programme Manager was asked if it was intended that the Programme would be discussed at the Senior Leaders Team meeting and confirmed that the Programme will feature on the agenda on a regular basis. Senior leaders have been kept updated meantime via emails and online meetings. An internal communications plan is being refreshed to reflect how best to communicate updates from each workstream.

Agenda Item 6 – Inspectorate Domestic Abuse Report

14. The DCA Local Court and the Deputy Head of Policy (National Lead for Domestic Abuse) introduced paper EB24/25(04).
15. The DCA Local Court has been appointed by the Crown Agent and Chief Executive to lead on implementation of the report findings with assistance from the National Lead who provided a brief overview of the progress being made to implement the 27 recommendations. She highlighted the need for holistic reform of how COPFS investigates and prosecutes domestic abuse. This work will complement the ongoing work of the VIA Modernisation Programme and Susanne Tanner KC’s Review of Sexual Offences. Meetings are scheduled with third sector partners to obtain feedback and with the Head of Learning and Development to review training and scope the possibility of a qualification.
16. The DCA Local Court pointed out that they are looking for people to help implement the recommendations. Work is ongoing to refresh the Domestic Abuse Forum led by a Sheriffdom PF to have a Domestic Abuse Champion in every area. The DCA High Court will link in and identify Domestic Abuse Champions in High Court Sexual Offences and Major Crime. A detailed workplan is being developed for Law Officers and will be shared in due course with the Board.
17. There was a brief discussion during which it was agreed that the National Lead return in three months to provide an update on this work and the DCA Operational Support will consider providing more detail of this project in the Business Plan. The Board noted the importance of training and that the suggestion of a difficulty releasing staff to attend training is not new.

Action: Secretariat to add ‘Inspectorate Domestic Abuse Report Update’ to the August agenda and invite the National Lead.

Action: DCA Operational Support to consider providing more detail of this project in the Business Plan.

Action: DCAs to consider staff availability and encourage and support the release of staff to attend training.

Agenda Item 7 – Operational Support

18. The DCA Operational Support introduced paper EB24/25(05).
19. The DCA Operational Support highlighted the roll out of the UNCRC ‘train the trainer’ programme and that that a new Head of Information Governance Unit, appointed from the private sector, will join COPFS on 21 June and work is underway to recruit a new data protection officer. The DCA Litigation pointed out a typographical error in the paper.

Action: The DCA Operational Support to arrange for typographical error to be corrected prior to publication.

Agenda Item 8 – Local Court

20. The Deputy Head of Local Court introduced paper EB24/25(06).
21. The Deputy Head of Local Court highlighted the focus and challenge for Local Court in relation to Sheriff and Jury proceedings to control the number of cases placed on petition.

Agenda Item 9 – High Court

22. The DCA High Court introduced paper EB24/25(07).
23. The DCA High Court highlighted the challenge for High Court in relation to preparing for the removal of the Covid extension to the timebar in the context of an increase of business coming in and the options being kept under review.

Agenda Item 10 – Specialist Casework

24. The DCA Specialist Casework introduced paper EB24/25(08).
25. The DCA Specialist Casework highlighted the pressure across the death investigation teams.

Agenda Item 11 – Business Improvement Committee Update

26. The Head of Business Services introduced paper EB24/25(09).
27. The Head of Business Services highlighted the current focus on 2024/25 key strategic aims and priorities and that many products have multi-year delivery. The programme to plan and develop the Next Generation Casework will commence in June. A paper on Business Information Transformation and Artificial Intelligence is being developed and will come to the Board in June.
28. There was a brief discussion of the potential impact of solicitors pulling out of ‘DASA’ (Domestic Abuse (Scotland) Act) cases. It was also suggested by Non-Executive Director David Watt that it would be useful if the Director of Strategy fed into the paper on Artificial Intelligence.

Agenda Item 12 – Resources Committee Update

29. The DCA Operational Support introduced paper EB24/25(10).
30. The DCA Operational Support highlighted the annual accounts were being finalised and planning was for 2024/25.

Agenda Item 13 – Operational Performance Committee Update

31. The DCA Litigation provided a verbal update which the Executive Board noted.

Agenda Item 14 – AOB/Close

32. Nothing noted.