Wellbeing and Sustainable Development Bill: consultation analysis

7. Defining ways of working

Introduction

This chapter presents analysis of the consultation responses to the four questions asked within the ‘Defining ways of working’ section of the consultation.

Question 13

Two-thirds of all consultation respondents provide a response to Question 13 which asked, ‘Do you have any views on how Scottish Government can better report the achievement of wellbeing objectives which supports clear accountability and scrutiny of public bodies in Scotland?’.

Theme 1: Explore ways to improve reporting the achievement of wellbeing objectives

Some respondents (individual respondents and across all organisation sub-groups) note in their consultation response that it is important for Scottish Government to explore ways to better report the achievement of wellbeing objectives.

A point raised is that this could help to hold public bodies, including Scottish Government, to account, and aid learning.

In order to improve reporting the achievement of wellbeing objectives, common points raised include that:

• clear and robust definitions of ‘wellbeing’ and ‘sustainable development’ could ensure a shared understanding and clarity of focus among public bodies
• comprehensive and detailed guidance could help ensure a ‘consistent’ and ‘standardised’ approach to reporting the achievement of wellbeing objectives among public bodies - it is ‘important to establish benchmarks,’ ‘track performance over time,’ and ‘understand what has worked, what has not worked and identify possible causes and what needs improving or abandoned in the future’
• enhanced capacity building support to public bodies could enable better reporting on the achievement of wellbeing objectives, and help public bodies comply with reporting requirements - suggestions include ‘training on data collection and analysis, reporting methodologies, and communication strategies to effectively convey findings to stakeholders’
• further stakeholder engagement, including with the third sector and communities, may be required to seek ‘consensus’ on the most appropriate indicators for reporting the achievement of wellbeing objectives - it is suggested that Scottish Government could draw on the Welsh experience, build on the NPF and the Wellbeing Economy Monitor, integrate the Wellbeing Economy Monitor into a reframed NPF, or consider the Carnegie Gross Domestic wellbeing indicator set
• improvements could be made to the accessibility and availability of national and local data - ‘meaningful and robust indicators’ are considered vitally important as is ‘coherent, digestible, and more timely data’
• data accessibility and visualisation could be further enhanced by making information related to wellbeing objectives readily available to the public through ‘publishing data on government websites, creating online dashboards, and providing tools for data visualisation and analysis’
• public authorities could be required to consult with people as part of their reporting process – higher levels of public involvement could ‘yield vital information about whether their actions have delivered the positive outcomes expected under the duty’

A few organisation quotes which reflect points outlined above are presented below.

“Comprehensive and consistent reporting across public authorities is required. This will help avoid a siloed approach so that findings can be compared across sectors and a systematic approach is taken to learning and improvement.” Health and Social Care Alliance

“Once the definition of wellbeing is clear, it will be more possible to address how best to monitor and report on the delivery of wellbeing objectives. Given the suggestions around the Welsh way of working in this area, perhaps it would be useful to understand how their public bodies are asked to report, to inform the development of a Scotland based approach.” Creative Scotland

“Baseline data should be provided to public bodies, alongside target outcomes with realistic timescales for delivery, to monitor and review the impact of any new duty or Bill. Any monitoring framework must recognise that required change will take time and enables learning from “failed” polices. Investment in additional resource is critical.” Aberdeenshire Council

Theme 2: Making best use of existing data and integration of reporting requirements

Some consultation respondents, mainly public sector organisations, feel that improved reporting on the achievement of wellbeing objectives should not become ‘unduly onerous’ or bureaucratic,’ particularly in the context of public bodies existing statutory reporting requirements, and to reduce ‘duplication’ of processes and effort. A proportionate approach to reporting achievement of wellbeing outcomes is considered important to minimise the administrative and reporting burden placed on public bodies, and to ensure resources are targeted at supporting effective implementation of the duties.

The main points raised by these respondents is that Scottish Government could consider:

• drawing on existing datasets and frameworks prior to creating any new reporting framework
• the integration of reporting requirements on wellbeing objectives into existing mechanisms to allow for a more ‘holistic approach’ to reporting
• undertaking a review of existing statutory reporting requirements to streamline existing arrangements or creating a single reporting framework

A few organisation quotes which further reflect points outlined above are presented below.

“While Scottish Enterprise fully supports the need for clear accountability and scrutiny of public bodies, reporting arrangements need to be proportionate, efficient, and streamlined. To do this we suggest: using existing reporting channels already deployed by public bodies, rather than creating new ones; and embedding reporting as part of NSET performance reporting.” Scottish Enterprise

“While we recognise the value in public authorities reporting on actions to achieve wellbeing objectives, we would encourage any reporting duty to be streamlined with other, existing reporting structures. It is important that authorities remain accountable, but this should be proportionate in terms of resources to ensure the emphasis is on the work carried out to meet duties, not the reporting itself.” Care Inspectorate

“How can existing reporting requirements and indicators be better used and brought together and what can central/national organisations do to support this to ease reporting burdens? Currently a lot of reporting and not always feedback/analysis. In line with Crerar, no new reporting requirements should be developed without serious consideration. There are already frameworks that Scottish Government could draw upon to get an idea of how achievement of wellbeing is progressing, rather than putting pressure on public bodies by creating new reporting requirements.” Improvement Service

“The legislation presents an opportunity to redefine and refine existing statutory planning and reporting duties with a view to simplifying the current landscape and reducing duplication. Current challenges include the increasing volume of statutory reporting; accessibility and availability of national and local data; understanding the cause and effect of interventions; effectively demonstrating change and impact; and measuring whole community wellbeing.” South Lanarkshire Community Planning Partnership

Theme 3: Regular reporting to Scottish Parliament and to Scottish Ministers and reports made publicly available

Some consultation respondents (primarily third sector and membership bodies) emphasise the importance of ensuring appropriate mechanisms are in place to strengthen the accountability, transparency, and scrutiny of Scottish Government reporting on the achievement of wellbeing objectives.

Suggestions include that:

• more regular reporting to Scottish Parliament could enable regular scrutiny, discussion, and review of the NPF and National Outcomes as a ‘holistic whole’
• reporting could be on an annual or biennial basis
• reporting outside of Parliament could ensure ‘visibility and a ‘sense of ownership’ at all levels – for example, ‘visual and public summaries for the public,’ ‘a report to a Citizen’s Assembly (or similar ‘grassroots’ scrutiny),’ or to the ‘Sustainable Development Commission’

A few organisation quotes are provided below.

“To enable stronger accountability Ministers should be required to report more regularly on progress towards the National Outcomes to parliament, and parliament should be giving ample time to scrutinise these reports.” Edinburgh Voluntary Organisations Council

“There must be a willingness to look beyond own organisational objectives to what can be achieved through meaningful collaboration with partners...It will be beneficial to ensure that this principle works reciprocally and that partner organisations also report on how they collaborate with NHS organisations.” NHS Greater Glasgow and Clyde

“Constructive challenge, highlights success and helps to hold the ‘system’ to account. In Wales for example, The Future Generations Commissioner produces an annual report which tracks Government progress, and highlights impact. Something similar to this could be replicated in Scotland.” Public Health Scotland

“In terms of reporting back to the public, an annual overview of the most relevant elements from the National Outcomes would suffice. It will be necessary for this information to also be available to citizens at the local authority level in a way that is readily understandable to citizens, with relevant example(s) of how the duty has had a demonstrable benefit to citizens. It will be important to have a clear channel of communication for them to communicate any concerns back to public bodies. At both levels, the information needs to be made available to children.” University of Glasgow

Theme 4: Who could have a role to play in improving reporting and scrutiny of the achievement of wellbeing objectives

Some respondents (largely a mix of third sector and membership bodies) suggest that there could be a role for the proposed Commissioner for Future Generations to oversee Scotland’s progress towards wellbeing and sustainable development outcomes.

This is covered in more detail at Question 18, however, the main points raised by these respondents are that:

• the Wales model and approach works well and could be applied in a Scottish context
• a Commissioner for Future Generations could help ensure a prevention and a long-term focus towards the achievement of National Outcomes
• a Commissioner for Future Generations could monitor and provide independent assessments of Scotland’s progress towards wellbeing and sustainable development outcomes

A few respondents (mainly public and third sector bodies) welcome the focus on ‘ways of working’ set out in the Well-being of Future Generations (Wales) Act 2015 - defined as ‘long-term, prevention, integration, collaboration, and involvement.’

The main points raised by these respondents are that such an approach in Scotland:

• could be set out in legislation to reinforce its importance
• could help embed wellbeing and sustainable development in the decision-making of public bodies
• could encourage less silo working and short-termism
• could encourage more meaningful collaboration with partners in support of wellbeing and sustainable development goals

A couple of organisation quotes are presented below.

“At the national level, the Well-being of Future Generations Act (Wales) requires public bodies in Wales to think about the long-term impact of their decisions, and to work in collaboration with communities and other public bodies to address systemic problems such as poverty, health inequalities, and climate change. Scotland could use a similar model to ensure all public sector bodies maximise their contribution to national wellbeing.” Zero Waste Scotland

“The Welsh Ways of Working approach set out in the Well-being of Future Generations (Wales) Act 2015, as detailed in Annex I of the consultation document, is a helpful model which could be used as the basis for a similar approach in Scotland. In particular, it is welcome that the Welsh approach outlines prevention and a long-term focus as two of the five overarching sustainable development principles.” Obesity Action Scotland

“Defining ways of working is unlikely to be sufficient by itself: these requirements may also need to be supported by defining stronger mechanisms for accountability in law, such as auditing and scrutiny of public bodies’ processes although the mechanisms by which legislation can, for example, enforce collaboration are unclear… we question how effective any legislation will be without concomitant structural change: as outlined in the four principles of our Manifesto the achievement of wellbeing and sustainable development requires a fundamental devolution of powers and a reconfiguration of the economy, not performative statements of intent.” Scottish Community Alliance

Other suggestions put forward by consultation respondents in terms of improving scrutiny arrangements for reporting on wellbeing objectives are captured in the following organisation quotes.

“A sortition-based Citizens Assembly that could be tasked with oversight and scrutiny of wellbeing objectives.” Common Weal

“The Auditor General provides a valuable role in Scotland and this could be further developed to support, advise and appraise public bodies of the need to take steps to achieve their wellbeing objectives.” Scottish Futures Trust

“There may be scope to give Environmental Standards Scotland or Audit Scotland a specific scrutiny role.” NatureScot

“Establish mechanisms for performance evaluation and review to assess progress toward well-being objectives objectively. This could involve independent evaluations, audits, or reviews conducted by oversight bodies, parliamentary committees, or external experts.” Culture Counts

“Strengthen the role and remit of Community Planning Partnerships as a vehicle for whole systems leadership, planning and public sector reform. Widen its focus on inequality to also include wellbeing and sustainable development. Could Community Planning Partnerships fulfil a ‘self -assessment’ /critical friends, scrutiny role for duties?” South Lanarkshire Council

Question 14

A total of 61% consultation respondents provide a response to Question 14 which asked, ‘What additional steps are needed to ensure collaboration and working across boundaries?’.

Theme 1: Guidance, resources, and support

Some respondents (primarily public sector organisations as well as third sector organisations) emphasise the importance of guidance, resources, and support to help ensure collaboration and working across boundaries.

Points raised include that:

• legislation could define what is meant by ‘ways of working’ at a high level, and be supported by detailed guidance relating to what is expected by public bodies
• guidance could be provided to public bodies on developing collaboration relationships and working across boundaries – ‘clear overarching goals and principles are essential’
• examples of good practice and action relating to collaboration and working across boundaries could be better promoted and celebrated – ‘to help different sectors visualise what success looks like’
• capacity building support for public bodies would be beneficial, and could include the provision of continuing professional development, tools, and training
• encouraging continued dialogue and relationship-building activities could build trust and strengthen partnerships over time – suggestions include opportunities: for peer learning to share experience, learning and practice; for cross-sectoral dialogue and knowledge exchange to facilitate understanding and collaboration among stakeholders from different sectors, disciplines, and backgrounds; proactive engagement with marginalised or under-represented groups; and for policy-makers, delivery bodies and communities to work together

A wider point raised includes that an independent Commissioner for Future Generations could help to facilitate improved collaboration and working across boundaries whether from a ‘place perspective, or thematic or sectoral need.’

Some illustrative quotes are provided below.

“Our proposed ‘ways of working’:

• participation: recognising that everyone in society has a role to play and actively engaging quiet voices that often go unheard
• integration: achieving policy coherence for sustainable development by aligning public bodies’ efforts, collaborating and committing to shared learning
• long-term: balancing the needs of today with those of future generations
• global citizenship: considering the impact of our decisions and doing no harm internationally
• prevention: focusing on early action rather than just reacting to problems
• openness: enabling engagement and accountability through openness and transparency
• evidence-based: making decisions based on the best evidence available.”

Wellbeing Economy Alliance Scotland (and other third sector organisations)

“The experience of the Welsh Government indicates that introducing softer measures such as building networks between public bodies and sharing good practice is valuable alongside any statutory duty.” Scottish Enterprise

“Guidance and resources to support collaboration and sharing of best practice in relation to methodologies and application to internal decision processes; sharing of data; and ultimately joined-up integrated policy making between public bodies and through partnerships with stakeholders.” Crown Estate Scotland

“We believe that a combination of defining ways of working in legislation and more detailed non-legislative guidance will be the most effective combination to allow both for stability over time and the flexibility to them over time. We believe that the ways of working will be less effective if they are solely set out in guidance, because there is a risk that they will be changed too frequently.” Scotland's International Development Alliance

Appropriate resources and support to facilitate and encourage collaboration and cross-boundary working is considered an important part of the solution, as reflected in the quotes below.

“Adoption of a cross-government approach: Siloed national policy can miss opportunities to contribute to a broader set of outcomes, or unintentionally undermine work in other areas. Adopting a proactive cross-governmental approach to designing policy could address this. For example, New Zealand’s wellbeing budget approach defines five long-term wellbeing objectives and proactively removes silos and works cross-government to develop policy. This requires dedicated structures and resource to embed, such as a dedicated team or planning group. Outcomes planning or wellbeing impact assessments (encompassing health, inequalities, and climate impacts) can identify cross-policy contributions and avoid unintended negative consequences.” Public Health Scotland

“Public bodies have been working in a very difficult environment with a very challenging level of resources available but have by necessity been working together. No additional steps are needed other than an increase in resources to enable more collaboration and working across boundaries.” Individual respondent

“Invest in capacity-building initiatives to enhance the skills, knowledge, and capabilities of stakeholders involved in collaborative efforts including training. Ensure that adequate resources, including funding, staff, time, and expertise, are prioritised to support collaborative initiatives effectively.” Culture Counts

“Often people are working on Wellbeing and/or Sustainable Development activities but without full recognition that they are doing so. Improving awareness and communication around the SDGs and the forthcoming Bill should enable better integration.” Learning for Sustainability Scotland

Theme 2: Scottish Government has a leadership role to play in encouraging collaboration and cross-boundary working

Some respondents (organisations and individuals) feel that Scottish Government could take a proactive leadership role in strengthening collaboration and working across boundaries. The main points raised are that Scottish Government could:

• define ‘policy coherence for sustainable development’ to ensure a coherent approach to policy making in Scotland
• do more to promote, celebrate, and share examples of good practice in collaborative and cross-boundary working
• co-ordinate and facilitate collaboration working across boundaries, in particular for smaller public bodies who may lack the necessary capacity and resources to make relevant connections

Quotes which illustrate the points raised are presented below.

“We would welcome leadership from Scottish Government to co-ordinate and facilitate working across directorates and policy areas, along with Scottish Government itself working collaboratively and across boundaries internally.” Creative Scotland

“We recommend considering the work done in many third sector organisations setting up awards and celebrating wins – how can this be given more of a platform to inspire and highlight good practice and encourage “through the carrot”. If more attention and gravitas is given to good work in the wellbeing and sustainable development space that is already happening, this might motivate, or even positively pressurise, others to follow suit and/or collaborate.” EAUC

Theme 3: Cross boundary working already happens

A few public sector bodies highlight various examples of ‘where cross boundary working already happens.’

There is reference across these consultation responses to existing partnership structures, strategic frameworks, and/or pieces of existing legislation, such as:

• Community Empowerment (Scotland) Act 2015
• Community Planning Partnerships
• Regional Economic Partnerships
• City and Region Growth Deals
• Health and Social Care Partnerships
• The Sustainable Scotland Network
• The development of Regional Intelligence Hubs
• Regional Spatial Strategies

A point made is the importance of continued support for, and involvement of, existing partnership structures at a local, regional, and national level to support enhanced collaboration and working across boundaries. It is suggested that this:

• could help to ‘share understanding and lessons and approaches’
• provide a good opportunity to further ‘embed wellbeing and sustainability principles at a regional level, across local authority boundaries’
• continue to ‘encourage good practice’ and ‘cross-boundary projects’
• could help support ‘evidence gathering’

A couple of organisation quotes are provided below.

“There is a need to think about how that duty placed on organisations works in a way to fully embrace community planning partnerships which can be expected to have a central and co-ordinating role in taking forward an agenda, which is by definition cross-cutting.” Scottish Borders Council

“The City and Regional Deals and the Regional Economic Partnerships have provided both a financial incentive and a data-driven incentive for greater collaboration. Supporting these structures through continued resourcing and focus, including through cross-boundary projects within the National Planning Framework 4, will continue to encourage good practice… As seen with other collaborative structures, it is consistent support and behaviours that see change. This consistency provides certainty to all stakeholders, focusing their efforts.” Scottish Futures Trust

Aberdeenshire Council also highlight challenges that may exist when considering the potential wellbeing impacts of economic or health related decision-making at a regional level.

“The formation of regional partnerships is an often disconnected and inconsistent landscape, for example in relation to economic development and health and social care. For example, Aberdeenshire is included within the North-east Regional Economic Partnership with Aberdeen City, while the NHS Grampian health board also takes in Moray, which is part of the Highlands and Islands Regional Economic Partnership.” Aberdeenshire Council

The Improvement Service also note:

“It should be up for regions to identify how they will collaborate and work across boundaries - there is no need for legislation to drive this. Funding and additional capacity in local authorities would help this happen better.” Improvement Service

Theme 4: A repeat of points raised earlier

A few consultation respondents reiterate points that are captured above. Points raised include that:

• the development of a common or standardised reporting requirement through the Wellbeing and Sustainable Development Bill could help promote collaborative working towards a common goal
• the main obstacles to collaboration and working across boundaries are largely cultural rather than legislative
• a Commission/er could play an important role in promoting the ambition and increasing public/cross-sector support and awareness
• consolidation and alignment is critical to avoid putting added pressure on public bodies and to avoid duplication of processes and reporting
• standardised reporting would be beneficial, including adoption of a common set of KPIs
• open and transparent access to data and information is essential
• monitoring and evaluation mechanisms to track the progress, outcomes, and impacts of collaborative efforts are critical
• a coordinated approach to public engagement is essential to secure buy-in and trust

A few organisation quotes are provided below.

“Collaboration across boundaries would be aided by creation of common objectives or KPIs for related to wellbeing and sustainable development that can be incorporated into the annual operating plans and corporate plans of public authorities, as appropriate.” Historic Environment Scotland

“Facilitation from Scottish Government, dedicated staff and financial resource can help to develop collaborative projects, which can better deliver the National Outcomes and help to develop long lasting partnerships. This could take the shape of a framework to enable resources to be developed to facilitate networks and enable connections, partnerships, and true co-creation to be delivered.” Creative Scotland

“There would be benefit in involving people across Scotland in a national conversation that invites the views and perspectives of diverse groups to share their ideas on the concepts of wellbeing and sustainable development. Doing so would not only help to raise awareness of the commitments to come but would also help to ensure trust and the buy-in of people living and working in Scotland.” University of Glasgow

“Declutter the policy landscape: public bodies face multiple reporting demands and duties on overlapping areas, impeding implementation…Similarly, there is a requirement for organisations to carry out multiple impact assessments on areas that overlap. The legislation provides the chance to audit, consolidate, and strengthen existing impact assessment requirements, ensuring climate, health and socioeconomic inequalities are adequately considered. An integrated wellbeing impact assessment could declutter and strengthen impact, while increasing capacity for action.” Public Health Scotland

Question 15

Around one-third of all consultation respondents provide a response to Question 15 which asked, ‘Do you have any views on whether any duty related to ways of working could create conflicts with duties currently placed on you?’.

Theme 1: A review or mapping exercise may be required to identify the potential to create conflicts with existing duties

Some respondents (mostly public sector organisations) note in their consultation response that prior to the creation of new legislation and duties related to ways of working for public bodies, Scottish Government could look to undertake a review or a mapping exercise of existing public body duties.

These respondents suggest that this could be with a view to:

• developing a better understanding of how any new duty related to ways of working would impact on, or overlap with, existing legislative duties - for example, Climate Change (Scotland) Act 2009, Public Sector Equality Duty, Fairer Scotland Duty, Best Value statutory guidance, Planning (Scotland) Act 2019, The Child Poverty (Scotland) Act 2017, Scottish Islands Act, in public bodies founding legislation, and with local priorities are all mentioned in consultation responses, among others
• avoiding any potential confusion and/or duplication of reporting
• increasing recognition of how other legislation and existing duties contribute to wellbeing and sustainable development outcomes
• ensuring alignment and complementary with existing duties
• streamlining existing duties
• ensuring harmonisation of reporting metrics and data capture across key legislative and sectoral areas

A couple of organisation quotes which illustrates these points are presented below.

“Before introducing any new duty it will be important to fully understand how the new duties impact / overlap with existing duties and what difference we expect them to make. For example, it is likely that areas such as the Public Sector Equality Duty, or Fairer Scotland Duty would overlap with the proposed new legislation. To make the WSD Bill effective, there is an opportunity, as outlined elsewhere, to audit existing duties, streamline these to free up capacity, and normalise the use of Integrated Impact Assessments to help improve scrutiny and accountability.” Public Health Scotland

“The burden of reporting on public bodies is already high. It will be important to highlight synergies with existing reporting requirements and develop an integrated, streamlined, and efficient approach to ensure a low-time and resource input data capture mechanism is established where possible.” University of Glasgow

“In relation to our Community Planning Partnership, our work is currently underpinned by health and inequalities and climate and nature lenses. This duty would further raise critical consciousness of wellbeing and sustainable development and strengthen action and the application of these lenses to the work that we do together.” South Lanarkshire Community Planning Partnership

The potential for any duty related to ways of working creating conflicts with existing duties may also depend on how ‘prescriptive’ any duty is.

“We foresee no inherent conflicts as the duties but would be concerned if the duty was prescriptive in terms of requiring a particular approach to measurement and assessment including a definition of specific indicators…There is scope for new duties to conflict with each other and we would seek reassurance that all public sector duties are considered by Scottish Government in the whole to ensure consistency and alignment across government departments. Also any additional requirements associated with new duties must be commensurate with the benefits delivered by the duty and the associated administrative burden must be reasonable, particularly when operating in a context of fiscal constraints.” Crown Estate Scotland

Reducing the potential for conflict could also be achieved…

“As long as the expectations of any new duty are clear, and how delivery of the duty should be prioritised in relation to existing statutory requirements, it should be possible to minimise any conflicts. Current trends in economic development are already moving towards wellbeing considerations and away from solely measuring traditional forms of economic success, such as GVA and land value uplift.” Aberdeenshire Council

“Extending Wellbeing and Sustainable Development in legislation in a similar way to the South of Scotland Enterprise Act 2019 is anticipated to extend the benefit we have felt to other public bodies. Flexibility is fundamental in this context - collaboration and partnership working, a key component of how public bodies work, is possible where there is flexibility and an opportunity to meet shared goals.” South of Scotland Enterprise

Theme 2: Any duty related to ways of working could result in increased bureaucracy and an additional reporting burden

A common theme across consultation responses is that any new duty related to ways of working could add a new or additional layer of bureaucracy within public bodies. The main points raised are that:

• public bodies have various existing statutory duties and reporting requirements placed on them as organisations – and they may face capacity constraints (people and resources) in terms of their ability to deal with any additional duties related to ways of working
• accountability mechanisms and reporting for a duty related to ways of working should not be overly onerous or bureaucratic to ensure that resources are targeted at effective implementation of the duties

A couple of respondent quotes are presented below.

“Whilst embedding in primary legislation obligations in respect of ways of working offers greater prominence and security, the need to adapt to the variety of size and functions of authorities and to changing circumstances suggest that this is better handled though statutory guidance. Reporting, however, is a vital feature of any system where clear legal obligations are required, but careful thought should be given to how this will interact with other processes to avoid a plethora of reporting duties diverting effort from actually achieving substantive gains.” Professor Colin T Reid

“Complexity and burdens associated with the present policy landscape, imperilled council capacities and lack of resources militate against the delivery of a shared agenda.” Scottish Borders Council

Theme 3: No conflict or it is too early to tell

A few respondents (a mix of individuals and public sector organisations) report that they cannot foresee any conflicts, or that it is too early to tell if any conflicts would be created as a result of any duties related to ways of working.

Illustrative quotes from respondents are presented below.

“No - I work in healthcare, an industry that could serve its' community better through improving wellbeing of future generations, and an industry that also suffers when wellbeing does. I see no conflict.” Katie Percival (Individual respondent)

“Too early to tell what the impact is on Historic Environment Scotland duties at this stage until the proposed duties and reporting processes are more fully described.” Historic Environment Scotland

“Without understanding Scottish Government’s plans, it is difficult to advise on what potential consequences may be required from public bodies if additional reporting or wider requirements are introduced on top rules and expectations that already exist.” Edinburgh Napier University

Question 16

Around 44% of all consultation respondents provided a response to Question 16 which asked, ‘Do you have any views on the additional resource implications necessary to discharge any wellbeing duty in your organisation?’.

Theme 1: Adequate resourcing and support is required

A common theme among some respondents (primarily public sector organisations, but also a few other organisations and individuals) is that effective implementation of any additional wellbeing duties could have ‘resource implications’ for public bodies.

This feedback is often framed in the context of the challenging financial pressures currently experienced by public bodies (for example, reducing budgets, ever growing pressure on discretionary services), and over-stretched resources (both people and finance). Wider feedback is that sustained resources for public bodies to fully enact the legislation should not be ‘under-estimated’ and be ‘realistic.’

Points raised by these consultation respondents include that additional resource may be required to:

• build capacity within public bodies to comply with a wellbeing duty – workforce education and training to ensure organisations have the appropriate skillset, experience, and knowledge requirements to embed a ‘whole systems approach’
• support the administrative efforts/burden associated with implementation and compliance with the discharge of any wellbeing duty (for example, additional staff requirements, resources to support implementation)
• support public bodies to drive forward action or activities to increase wellbeing and sustainability within their organisations and within their remits
• support any additional costs of scrutiny and audit

A few respondent quotes are presented below.

“We would expect any additional resourcing requirements to be considered by Scottish Government as part of the normal budget process.” NatureScot

“Public bodies may need appropriate funding to support this activity. This was the case during the implementation of the Equality Act 2010, which required dedicated resources.” Scottish Qualifications Authority

“Currently public bodies are struggling to deliver on their core functions because of a lack of funding and staffing. Any additional duties must come with resource to support its delivery. Too often legislation or policy come out from national government with no additional resource to deliver and services are pulled in too many different directions trying to deliver on the variety of requirements placed upon them.” Individual respondent

“Evidence from Wales found an implementation gap following introduction of the Act, with high levels of support requested. We recommend implementation support be considered and appropriately resourced from the outset. Like Public Health Wales, Public Health Scotland can play an important role, alongside partners including Local Government, in supporting implementation…. Given the expected level of demand from across the public sector, such support would need to be adequately resourced from the outset to help drive culture change from the outset of the legislation going live. Failure to do so could mean an ambitious piece of national legislation flounders due to lack of direction and no accountability for delivery from public sector organisations.” Public Health Scotland

“Implementing a wellbeing duty within an organisation could require additional resources including financial resources to fund initiatives to support staff wellbeing, the need for suitably experienced HR staff or access to appropriate legal advice, time and capacity, access to online platforms, infrastructure improvements, improved communications to increase awareness.” Culture Counts

“While we already undertake wellbeing initiatives across many aspects of our work, any extra duties relating to this would likely have resource implications. We are subject to several new duties, such as those under the Consumer Scotland Act, conditions relating Fair Work, reporting against Net Zero, and the UNCRC Act, and there may be further potential requirements such as any related to the forthcoming Human Rights Bill. Any additional duties would stretch our organisation further. We would almost certainly require additional resource, both in terms of staffing and financially, to be able to discharge such duties. An integrated model of reporting across these duties might help to alleviate capacity challenges.” Creative Scotland

Further, a risk identified is that the introduction of a wellbeing duty may have a disproportionate impact on smaller public bodies and could create ‘unintended consequences’ on their delivery agents (for example, the third sector is most commonly mentioned).

“There is a risk that a wellbeing duty becomes an additional, and separate, reporting burden for organisations. In particular, where these burdens are passed from central and local government to smaller community organisations and charities this will further impact on their already constrained resources and capacity to deliver projects that improve wellbeing outcomes for people.” Scottish Futures Trust

“The requirement of contracted organisations to meet wellbeing and sustainable development outcomes – now these kinds of expectations are often not met with sufficiently resourced contracts to ensure delivery. The importance of Fair Work and Fair Funding for the third sector – often at the heart of supporting wellbeing in communities – is linked to this debate.” Third Sector Interface Network

While support is expressed for a ‘proportionate’ approach, alongside a repeated call for a review of existing duties to ensure an integrated and streamlined approach to reporting, wider points are also raised.

“Local authorities in particular are very limited in capacity and resources so would struggle to meet any additional requirements, particularly if there are any new reporting duties. Scottish Government should think through fully how any duty links to other existing duties to stop that having to be done many times across public bodies in Scotland.” Improvement Service

“We do not believe that the concept of wellbeing is suitable for statutory definition. Should a statutory definition be established, resource implications would largely depend on the nature of that definition and which duties this then creates for public bodies. Regardless of definition it seems likely that the interpretation of wellbeing would remain subjective and vary from person to person. This could result in “meaning” being tested through courts. Mitigating this risk and responding to challenges could have significant resource implications.” Aberdeen City Council

“We would suggest that in additional to any financial implications, there may also be issues in the additional capacity or time required to discharge any wellbeing duty.” Care Inspectorate

South of Scotland Enterprise note that there could be ways to help reduce resource implications associated with a wellbeing duty.

“Noting the ongoing review of the National Performance Framework, and ongoing discussion regarding the development of Regional Intelligence Hubs, there are other areas of activity that could be brought into this discussion to support delivery and reduce potential resource implications. Development of shared Sustainability Appraisals, with flexibility to be applied proportionally and in the context of individual public bodies, will also help reduce resource implications.” South of Scotland Enterprise

Theme 2: It is too early to tell what additional resource may be required

The only other common theme identified by a few public and third sector organisations is that it is too early to tell what the resource implications of any additional wellbeing duties would be for organisations affected. They suggest that this would depend on several factors, including how any new wellbeing duty is framed and the nature of reporting obligations.

The main points raised by these respondents include that Scottish Government could:

• provide more information and detail on what is expected of public bodies for them to be able to provide an informed view on additional resource implications of a new wellbeing duty
• undertake additional consultation with affected public bodies when drawing up the detail of any new wellbeing duty

A few illustrative quotes are presented below.

“There may be resource and associated cost implications. However, we would want to make such assessment when the full detail of any change was clear.” Scottish Children's Reporter Administration

“This will largely depend on the nature of reporting obligations and how far any changes in policy or practice can be regarded as due to the wellbeing duty alone as opposed to just a shift in priorities amongst many competing priorities.” UK Environmental Law Association

“Too early to tell at this stage until the duties and reporting processes are more fully described.” Historic Environment Scotland

Event summary – Defining ways of working

Guidance and support

Some event attendees request that any new legislative duties and reporting requirements is accompanied by clear and comprehensive guidance, a set of guiding ‘principles’ to support collaborative working (for example, lessons learned from the Wales approach), alongside the sharing of good practice and innovative examples of collaborative and cross-boundary working.

This is to ensure public authorities are clear on what is being asked of them, to help reduce silo working, and to encourage new collaborative approaches, alongside the strengthening of existing networks and partnerships.

Detailed guidance and practical forms of support (for example, training and capacity building support) are required to help public authorities develop the necessary knowledge and skillsets to improve their measuring, monitoring, and reporting on National Outcomes.

Increased resources may also be required to help public authorities comply with new duties and reporting requirements.

Wider points on reporting include that:

• it could go beyond the reporting of outcomes in isolation
• it could include narrative reporting on how outcomes are achieved
• there could be improvements in data accessibility and availability
• some outcomes are inherently difficult to measure - for example, community capacity building

Coordination and streamlining of reporting

Some event attendees note the importance of better coordination of reporting or the possible streamlining of existing reporting requirements. The general feeling among event attendees is that public bodies have various reporting requirements, and this takes up a considerable amount of administrative time and effort.

Exploring ways to help ease the administrative burden is welcomed.

Related points include that:

• many public authorities, such as NHS boards, have their own wellbeing frameworks and care would need to be taken to ensure there is no conflict between existing and any new reporting requirements
• there is potential for conflict between various National Outcomes - for example, wellbeing and economy, and sustainability and value for money
• reporting requirements should be proportionate, including for smaller public authorities

Other considerations

Other considerations identified across the event notes include that:

• any new duties and reporting requirements could focus on the long-term rather than political or financial cycles
• the ‘stick’ of rigorous reporting and audit processes could be accompanied by the ‘carrot’ of providing support to help deliver against outcomes
• some public bodies have a broader set of aims that do not fit easily with the reporting and scrutiny framework and can be very siloed – reporting requirements do not always capture the progress and positive work these bodies are doing