Commission publishes recommendations for a fairer and more effective justice system
Scotland must rethink its approach to sentencing and imprisonment according to the independent Sentencing and Penal Policy Commission.
The Commission’s report highlights that Scotland consistently has one of the highest prison population rates in Western Europe and without significant reform, the current justice system is neither sustainable nor effective.
Following its year-long review, the independent Commission has made a broad range of recommendations including:
Acting early to resolve lower-level issues without going to court and increasing the use of alternatives so people can access support before offending escalates. This also shortens delays and improves how victims experience the justice system
Prohibiting ineffective short custodial sentences under 12 months and instead promoting more effective community-based approaches to prevent reoffending and support rehabilitation
Increasing the use of higher quality community sentences with greater flexibility, use of technology, unpaid work opportunities and more discretion for social workers
Improving rehabilitation in prison and releasing long term prisoners at two thirds of their sentence with increased supervision and support in the community to help them build new, crime-free lives
Long-term planning to realise the ambition of reducing the prison population to a level in keeping with the European average which would be around 5,775 prisoners in Scotland
Commission Chair Martyn Evans said: “This is a critical moment for Scotland, with a record high prison population and a Justice system under pressure. It is time for that to change. Our Commission report sets out ambitious recommendations to deliver system-wide reform.
“Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending and strengthens community responses.
“Our report addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities. At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety.
“We have listened carefully to the victims and survivors of crime who want to feel safe in their homes and their communities. Reducing reoffending and preventing crime is the surest way to achieve that goal. Our report also considers the need for victims to have clear information, trauma-informed support and protective measures like non-harassment orders, where appropriate.
“Our report sets out key areas where the next Scottish Government and Scottish Parliament will need to focus on delivering change and investing in solutions. Courage is needed for fundamental reform, not simply to continue coping with a crisis.
“By transforming our justice system, we can create a fairer and more effective society for all of us.”
Scottish Ministers should set defined timescales and fixed budgets for public inquiries, says a new parliamentary report.
The recommendation is one of a raft of measures from Holyrood’s Finance and Public Administration Committee to improve the cost-effectiveness of public inquiries.
The committee’s report says inquiries are “over-stretched and poorly defined” and subject to limited financial control.
It also says there is a “lack of clarity and openness” on the decision-making process leading up to inquiries being established.
The report follows an eight-month investigation into the cost-effectiveness of public inquiries – the first time a Holyrood committee has examined the subject.
The cost of inquiries in Scotland alone has risen by £30 million this year to £258 million since 2007.
Impact on frontline services
The committee also highlights the impact on frontline services when staff and resources are redirected to an inquiry.
For example, a trial judge presides over 34 trials a year on average. If a judge is involved in an inquiry lasting years, it has an impact on the justice system.
The committee says its recommendations are practical and can be implemented quickly.
Finance and Public Administration Committee convener Kenneth Gibson said:“Our investigation was prompted by increasing concern over the escalating cost of public inquiries.
“In practice, there is currently limited ability for Ministers to control expenditure and stop costs spiralling – or to stop an inquiry dragging on for years once it’s up and running.
“Our study of international models shows there are better alternatives for cost effectiveness and effective delivery. For example, Sweden normally requires its public inquiries to conclude within two years and within a set budget.
“We are also concerned at the impact on existing services if resources are redirected to inquiries that may last for years.
“We therefore recommend the Scottish Government amends its devolved Inquiries (Scotland) Rules 2007, to require a defined timescale and fixed budget at the start of every inquiry. Any subsequent justification for an extension should be brought before Parliament.
“In the longer term, the Scottish Government should work with the UK Government to update the Inquiries Act 2005 – which is reserved – to make this a primary legislation requirement.”
Practical actions, quickly
Mr Gibson added:“Our recommended package of measures is designed to strike the right balance. Retaining flexibility to meet the unique circumstances of individual inquiries, while strengthening financial controls and promoting fiscal sustainability.
“Our focus is on practical actions that can be implemented quickly within Scotland. It will benefit everyone – not only people seeking answers and justice, but taxpayers and everyone who uses public services.
“The Finance Committee urges the Scottish Government to act decisively on these recommendations to ensure Scotland’s public inquiry system is cost-effective, transparent and accountable.”
A summary of the committee’s recommendations is set out in Annexe B of the committee’s report.
The committee’s report covers themes including:
Limited transparency of government decision-making prior to inquiries being established
A lack of sufficient financial control of inquiries and the timeline for delivery
The rising cost and frequency of public inquiries in Scotland
The opportunity cost of public inquiries and the impact on frontline public services
The need for financial transparency and regular, consistent publication of costs – both cumulative and disaggregated
The need for clarity on the core purpose of an inquiry and its terms of reference
Views from relatives and families with experience of public inquiries
Judge-led inquiries – its impact on the courts and effective alternative models
International comparisons from Sweden, New Zealand and Australia
Implementing report findings – the lack of tracking and evaluation of the implementation of findings following an inquiry.
The committee’s report says its package of measures aim to:
increase transparency within the public inquiry system
promote consistency and openness in Scottish Government decision-making
provide greater support for inquiry teams
strengthen oversight and scrutiny, and importantly
improve cost-effectiveness and fiscal sustainability of the system.
16 recommendations to improve working conditions in the creative industries
Culture Secretary Angus Robertson has welcomed recommendations from an independent Taskforce set up to advise on current employment conditions in Scotland’s culture and creative industries.
Following extensive engagement with the sectors, the Culture Fair Work Taskforce has published a total of 16 recommendations for how Fair Work conditions in the sector could be improved, in response to concerns raised around precarious freelance work, unpaid internships and fair pay and conditions.
The recommendations include:
the creation of a disputes and adjudication mechanism to handle disputes between employers and staff
safeguarding of creatives’ work against theft from AI misappropriation, and
an increased role for Creative Scotland in ensuring Fair Work.
The Culture Secretary said: “I am very grateful to members of the independent Taskforce for their work on this report, which identifies a number of areas for improvement when it comes to how Fair Work is embedded in Scotland’s creative industries.
“I will take time to carefully consider the detail of the recommendations for Scottish Government and will update Parliament in due course on the actions we will take in response. Given that some would intersect with reserved legislation, I will also be writing urgently to ask my UK Government counterparts to consider what actions they can take.”
Briana Pegado, Chair of the independent Taskforce said: “It has been a pleasure chairing the Independent Culture Fair Work Taskforce with colleagues from across the creative industries and culture sector.
“Union representation, arts organisations, industry membership bodies, enterprise agencies, local authorities, creative networks, historic bodies, museums and freelancers have all been represented. Creative Scotland has also been represented on this task force. I am so grateful to the Taskforce members that have contributed their time, energy and expertise to this work.
“There has been a real commitment to crafting a set of recommendations that speak to areas as broad as fair pay and remuneration to the impact of AI on the cultural sector workforce. Considerations of equity and inclusion as well as how fair work may be enforced are all part of our recommendations.
“I am confident that many of our recommendations signal radical, innovative solutions to fair work that will help Scotland reach its ambitions to be a Fair Work Nation by 2030.
“Models across the continent have been considered and approaches across different industries have been reviewed. I am confident that our recommendations and draft charter prove to be a roadmap for the future of Fair Work that demonstrates a real appetite for systemic change can exist alongside practical solutions grounded in deeply embedded partnership working.
“I hope the Cabinet Secretary and other Ministers take our recommendations into consideration and I thank them for trusting us with this piece of work. I look forward to their response.”
A Coming Home Working Group has been set up to drive progress towards the Coming Home vision and mission for people with learning disabilities and complex needs and behaviours that challenge.
One of the workstreams is focusing on developing strategic approaches to skill up and strengthen community services (including integrated community teams, social care providers, school settings) and family carers to improve support for people with learning disabilities and complex support needs.
This is with a particular emphasis on preventing service breakdown and building resilience in community services for people with complex needs and behaviours that challenge. Specialist skills are required across agencies to achieve complex and sustainable return to local community settings for those in hospital or out of areas, and also to prevent support breakdown.
The group would like your views on the knowledge and specialist skills that are needed by those providing support, both direct care and as organisations and services. In addition, information about access to training in these areas is requested.
The short surveycloses on Thursday 30 October. This information will help develop recommendations in the next Coming Home action plan – so this is your chance to have your say!
A landmark independent review of Adult Disability Payment (ADP) has called for a simplified and more accessible application process, urging the Scottish Government to protect and improve access to support for disabled people.
Led by experienced charity leader, Edel Harris OBE, the review highlights that while Adult Disability Payment is significantly more compassionate than the UK benefit it replaced, some people still face barriers, complexity and distress when applying for the benefit.
While the review notes that there are several welcome changes such as the cessation of DWP-style assessments and recognises the compassionate approach of Social Security Scotland staff, it concludes that there is still more that can be done to deliver a truly human-rights based approach.
Edel Harris, Chair of the Adult Disability Payment Review, said: “Adult Disability Payment has been described by many as a step change – kinder in tone and more dignified in approach. But too often, disabled people still find the system difficult to navigate, time-consuming, and anxiety-inducing.
“I heard consistently that if we are to realise social security as an investment in people, it is important to ensure that the eligibility criteria fulfil this goal.
“This review highlights the importance of a system that is not only compassionate, but practical and accessible. The recommendations are based on real experiences and a shared commitment to making Adult Disability Payment work better for everyone who needs it.”
The review engaged extensively with disabled people and the organisations that support them. It drew on evidence from a public consultation, written submissions, in-person and online events, and the lived experience of an advisory group made up of third sector representatives, disabled people and people with long-term health-conditions.
Over the course of the review, Edel Harris also met with stakeholder groups, third sector organisations, and officials from the Scottish Government and Social Security Scotland to understand a variety of experiences of Adult Disability Payment.
The review makes over 50 recommendations including:
Enhancing the client experience and embedding trauma-informed, stigma-free approaches.
Simplifying the application form and improving the decision-making process.
Training, guidance, and clearer communication for staff and clients.
Reviewing eligibility criteria and improving fairness in decision-making.
A key recommendation from the review is that eligibility should be based on the real-life experience of clients and not just on a list of activities. It also recommends that the application process should be made easier for those with fluctuating conditions and mental health problems and take into consideration the environment in which the person lives.
The report also calls for sustainable funding for welfare advice services, more inclusive communication, and automatic entitlement in some circumstances.
Edel visited Inspire by Community Integrated Care an Aberdeen-based charity supporting adults with learning disabilities and additional support needs. The visit offered an insight into the role of social security in promoting independence, inclusion, and dignity.
Community Integrated Care’s Managing Director for Scotland, Sara Murphy, said: “It was a privilege to welcome Edel to our Inspire by Community Integrated Care service and show how financial support like Adult Disability Payment can make a visible difference in people’s lives.
“As a care provider, we see every day how inclusive, person-centred support enables people to build confidence, develop skills, and live more independently.
“We welcome the review’s call for a system that truly listens to disabled people and reflects their real-life experiences. We hope it leads to meaningful change that makes accessing support fairer, simpler, and more empowering for those who need it.”
The review was commissioned by the Scottish Government in February 2024 to examine the first year of Adult Disability Payment delivery, with the aim of identifying improvements to the eligibility framework, decision-making process and client experience.
New report reveals harrowing accounts from children facing unsafe housing, food insecurity and barriers to education – with many normalising deprivation
Children express clear understanding of systemic failures, calling for more accessible and compassionate support and services
Urgent reforms across housing, transport, education and community safety needed to break the link between a child’s background and future opportunities
Children in England are facing ‘Dickensian levels’ of poverty, going without basic needs like heating, a place to wash, somewhere to eat breakfast, or safe transport to school.
Frank testimonies from school-age children, shared in new research by the Children’s Commissioner, expose a crisis of hardship, shame and systemic failures and illustrate the stark reality of what it means to live on a low income in 2025.
The Children’s Commissioner Dame Rachel de Souza has set out practical recommendations for tackling – and ending – child poverty based on the insights children have shared with her.
These have been shared with the government’s Child Poverty Unit to shape its forthcoming strategy and ensure it reflects the many ways children experience poverty: going hungry, feeling unsafe at home, travelling hours to get an education and being stigmatised for having less that their peers.
‘Every time I got [food packages] the food was always out of date and mouldy…I know I’m poor but I’m not going to eat mouldy food.’ – Boy, 15
‘The system’s so muddled up that they make you feel greedy for even wanting it…. it’s our rights. We didn’t choose to be poor.’ – Boy, 18
‘Some of it [free school meals] looks like food you wouldn’t feed to a dog’. – Boy, 15.
‘Sometimes if I have the money, I catch the bus, but sometimes I have to walk and I just feel very uncomfortable… at nighttime.’ – Girl, 14.
Recommendations include the introduction of a ‘triple-lock’ on all child-related benefits, to help alleviate the severe conditions children and their families are living through, and to deliver greater financial security for hundreds of thousands of children. All four UK Children’s Commissioners – from England, Scotland, Wales and Northern Ireland – have jointly backed this call, alongside a repeated call to end the two-child benefits limit to prevent hundreds of thousands of children being driven into poverty.
Other proposals from Dame Rachel de Souza include free bus travel for all school-age children, priority for housing to be given to children in low-income households, auto-enrolment for free school meals for all eligible children, improved communication and data-sharing between schools, GPs and local authorities.
Children’s Commissioner Dame Rachel de Souza said: ““Since becoming Children’s Commissioner, I have been struck by the change in how children talk about their family lives over that four-year period. Issues that were traditionally seen as ‘adult’ concerns are now keenly felt by children, who see their parents’ worries and the struggles they face: the hours they work, the homes they live in and the ability to put food on the table.
“Children shared harrowing accounts of hardship, with some in almost-Dickensian levels of poverty. They don’t talk about ‘poverty’ as an abstract concept but about not having the things that most people would consider basic: a safe home that isn’t mouldy or full or rats, with a bed big enough to stretch out in, ‘luxury’ food like bacon, a place to do homework, heating, privacy in the bathroom and being able to wash, having their friends over, and not having to travel hours to school.
“Children spoke to me about the sense of shame that comes from knowing you have less – but, as one of the richest societies in the world, it is decision makers who should be ashamed that children are growing up knowing their futures are being determined by their financial circumstances.
“We have seen some positive steps by the government to get more money into families’ pockets – but we need leaders at every level: government, business, transport and every public service to commit to bold, practical measures that break the link between a child’s background and their opportunities.”
In interviews and focus groups with 128 children aged between six and 18, children didn’t talk about ‘poverty’ directly but were acutely aware they were growing up not having enough money to do the same things as their peers and feeling a sense of shame at being seen as ‘lesser’.
Everyday impact of poverty: Children spoke about their families going without heating, food, and other essentials, often accepting these hardships as normal. Many experienced poor-quality, overcrowded and unsafe housing, as well as frequent moves while facing long waits from housing providers and prolonged stays in temporary accommodation, leaving children with no stability or space to thrive, which impacted their wellbeing and education;
Food insecurity and health inequality: Rising costs mean many families have limited access to nutritious food, relying on food banks, school parcels or poor-quality free school meals, about which children raised concerns around the quality and stigma of receiving. Children also face long waits for healthcare and unequal access to mental health services, with a perception of a two-tier system, where those who can afford private care receiving faster treatment.
Barriers to education and opportunity: Children highlighted the cost of uniforms, limited transport meaning long walks or complicated commutes to school, and access to extracurricular activities as major obstacles. Schools play a crucial role in supporting children, but reported support was inconsistent. Limited career guidance and low pay were also cited as restricting the prospects for young people experiencing poverty.
Broken system and inaccessible support: Children showed a striking awareness of their family’s access to social security benefits, including the need for benefit rates to be increased. Many spoke of the need to make the system easier to navigate and with better access to services like housing, repairs, GPs, and school-based initiatives.
Unsafe and isolated communities: High crime, unsafe streets and unaffordable transport left children feeling vulnerable and cut off. Despite this, strong community bonds offer a sense of belonging and resilience in the face of hardship.
In response to children’s evidence, the Children’s Commissioner highlights the need for changes beyond the social security system to the public services that children rely on. Her recommendations include:
Uplifts to all child-related benefits on an annual basis as costs rise, so families can meet their children’s basic needs, and removing the two-child limit;
Housing reforms to ensure no child or family is housed in any B&B-type accommodation for more than six weeks. Children in low-income households should be prioritised for affordable housing and no child should ever be placed in temporary accommodation alongside other single adults;
Improved access to transport so as many children as possible benefit from free bus travel – as a minimum, all school age children in England should have free bus travel;
Improved oversight of Free School Meals, with better assessment and enforcement of school food standards to ensure all children receive nutritious, high-quality meals – and for all eligible children to be auto-enrolled to receive them;
Increased safety in communities, with visible reforms for children including prioritising the rollout of PCSOs, increased street lighting and more neighbourhood watch style initiatives in areas with children on low incomes.
Long-term vision for youth activities with children from low-income households front and centre of the government’s forthcoming National Youth Strategy, as well as a commitment to funding the Holiday Activities and Food programme beyond April 2026.
Children’s testimonies:
‘I would…change the amount of money people get from Universal Credit…because £920, is that enough for one month?’ Girl, 11.
‘In our area sometimes there’s stuff like robbing and sometimes there’s drunk people and stabbing … It’s not really a nice because sometimes it can be really dangerous… but sometimes it can be a nice merry community.’ Boy, 8.
‘Sometimes when I need to take a bath or have a shower, the water doesn’t really work sometimes… so sometimes when [children] don’t have enough water to take a shower, they always just have to go to school not clean and they didn’t shower.’ Girl, 10.
‘They’d make you walk in the cafeteria with everyone there, so everyone knows you’re poor because you have to wear a lanyard or a band on your wrist…Everyone had regular water bottles, but they had different ones for free school meals that were smaller than everyone else’s.’ Boy,18.
‘Sometimes when we go to my auntie’s house, she gives us food to take because she cooks out of home…that’s the only time I eat normal food and not take out.’ Boy, 13.
‘I remember when my sister was just born…you have to keep the house warm. But you can’t keep the house warm…because there was six of us in the house at the time…you’re trying to feed everyone, keep everyone warm and then pay for every expense around the house, so it’s quite a lot’. – Girl, 16.
‘[My mum’s] always encouraged me to reach out and try and find jobs or…some kind of income because we are quite low on the ground.’ Girl, 16.
‘I grew up in a household where my mum has [severe illness], so I’m a young carer, I have been since I was 8…I still can’t get carers allowance because I’m in full time education but the second I get in, I’m still doing all my jobs, still looking after them. What am I meant to do? Not go to college or uni? You have to give up your whole life just to care for your family, it’s all good but…you need a future.’ – Boy, 18.
‘In my house, the heating doesn’t work. Every time we [put the heating on] it’ll take like £10 a day from our electricity. And sometimes the electricity just turns off.’ Girl, 10.
‘It took [the council] three months to move us out, which was…so much stress …and the mould was making me so ill…We got home and there was a hole in our floor and the mould wasn’t done properly…It feels like you’re fighting a one-way battle because they they’re not actually doing what they can do to support us.’ Girl, 17.
‘There are a bunch of people who walk by going to a club – when they leave, they’re always drunk and chucking glass around.’ Boy, 10.
The Scottish Government and councils must fundamentally rethink how they plan, fund and staff additional support for learning as part of core school education in Scotland.
Since legislation in 2004 to make additional support for learning (ASL) more inclusive, there has been an eight-fold increase in pupils recorded as receiving ASL; currently 40 per cent of Scottish pupils – or 285,000 children – receive ASL. Almost all support is now delivered in mainstream classrooms, and it has become an increasingly central part of what teachers do.
The Scottish Government failed to plan for the impacts of this inclusive approach, and poor data means it is not possible to determine the scale, complexity and nature of needs across Scotland. The Scottish Government and councils urgently need better information to understand pupils’ needs and appropriate level of resource to support them.
Existing measures show a wide gap in outcomes for pupils receiving additional support compared with other pupils, including being more likely to be absent or excluded from school. More appropriate ways of measuring the achievements of pupils who receive ASL are still to be developed.
Stephen Boyle, Auditor General for Scotland, said: “The Scottish Government has failed to plan effectively for its inclusive approach to additional support for learning. Current gaps in data mean it is unclear whether all children’s right to have an education that fully develops their personality, talents and abilities is being met.
“The Scottish Government and councils urgently need better quality data to understand pupils’ additional support needs and the resources required to provide support to enable all pupils to reach their full potential.”
Ruth MacLeod, Member of the Accounts Commission, said: “Councils and the Scottish Government must fundamentally rethink how additional support for learning is planned and provided as a core part of Scotland’s school education.
“This includes reviewing how mainstream and special education is provided to meet current and future additional support needs and demands.
“It is critical they work with pupils, parents and carers and staff throughout this process.”
COSLA’s Children and Young People Spokesperson, Councillor Tony Buchanan @antbuc1), has commented following report published today about Additional Support For Learning from the Auditor General and Accounts Commission.
The Auditor General and Accounts Commission published a briefing paper on additional support for learning (ASL) on 27th February 2025. It makes a series of recommendations to Scottish Government and Councils, touching on data, measuring the outcomes of children and young people with additional support needs, funding, workforce planning and school buildings.
The COSLA Children and Young People Board will discuss the briefing at their meeting on 7th March.
Councillor Tony Buchanan, said: “Local Government is fully committed to supporting all children and young people to learn and to providing opportunities so that they can realise their full potential. The briefing paper published by the Auditor General and Accounts Commission on additional support for learning is welcomed.
The COSLA Children and Young People Board will be updated next week, with an initial consideration of the recommendations. COSLA, alongside the Scottish Government, co-chair the Additional Support for Learning Project Board.
“There will be an opportunity for the project board to consider the recommendations fully when they meet next month and consider how these can inform their priorities.”
The Competition & Markets Authority has set out comprehensive proposals to deliver better outcomes for parents in the infant formula market – both in terms of the choices they make and the prices they pay
We’re recommending standardised infant formula packaging in hospitals; providing clear information to parents and banning the advertising of follow-on formula.
CMA infant formula study finds that a combination of factors is leading to poor outcomes for parents, who could be saving around £300 a year by switching to a lower priced brand
Issues include the design and operation of current regulations and the responses of consumers to advertising which emphasises branding when, in fact, all infant formula will meet babies’ full nutritional needs
CMA heard concerns that parents on lower incomes are disproportionately affected due to higher rates of formula feeding
CMA final recommendations cover standardised packaging in hospitals; providing clear information to parents in healthcare and retail settings on the nutritional sufficiency of all infant formula; making it easier to compare prices of different brands; extending the ban on advertising to include follow-on formula; and allowing parents to use vouchers and loyalty points to buy infant formula
Given the steer from governments that regulatory restrictions on price promotions of infant formula support breastfeeding, the CMA is not recommending removing this ban at this stage, but stands ready to support further consideration of this option if asked
Following a market study into the infant formula and follow-on formula market, the Competition and Markets Authority (CMA) has issued its final recommendations.
Sarah Cardell, Chief Executive of the CMA, said: “Every parent wants to give their baby the best possible start in life. Many whom need, or choose, to formula feed, pick a brand at a vulnerable moment, based on incomplete information, often believing that higher prices must mean better quality. This is despite NHS advice stating that all brands will meet your baby’s nutritional needs, regardless of brand or price.
“Governments across the UK are committed to the tight regulation of infant formula for public health reasons. So, our proposals are designed to help parents make the best choices for them and their babies, with access to better information, while sharpening the effectiveness of the existing rules.
“Our proposals will also make it easier for regulations to be properly enforced, while ensuring manufacturers and retailers can be more confident in what they can and can’t do according to law.
“We strongly encourage governments to act on the recommendations to stop well-intended regulation driving poor outcomes for consumers. We’re ready to help implement the changes and support thinking around further measures, including removing the ban on price promotions, should governments consider it necessary at a later stage.”
CMA findings
Advertising and labelling of infant formula is strictly regulated. For example, advertisement and promotion, including price reductions or deals, is restricted so as not to discourage breastfeeding.
Many parents choose a brand for the first time in vulnerable circumstances – often in hospital immediately after birth – and frequently without the clear, accurate and impartial information needed to make informed decisions. People often feel under pressure, naturally wanting to do what is best for their baby. Many actively choose a more expensive product, assuming this means better quality.
However, NHS advice makes clear: “It does not matter which brand you choose, they’ll all meet your baby’s nutritional needs, regardless of price”.
Against this backdrop, rather than competing strongly on price, manufacturers place significant emphasis on building brand awareness to secure customers. For example, some regularly supply the NHS with below cost formula to reach new parents – and once parents have found a brand that works for their baby, they rarely switch.
Regulation states that the labelling and presentation of infant and follow-on formulas should be ‘clearly distinct’. Despite this, manufacturers use similar branding and labelling – including similar colour palettes, fonts and imagery – across infant and follow-on formulas. When combined with large marketing budgets, this approach indirectly supports the sale of infant formula, with CMA evidence indicating that parents are disproportionately influenced by such branding practices (be it in hospitals, online or in store).
The CMA heard concerns that parents on lower incomes are more likely to formula feed so are disproportionately impacted by infant formula pricing. While some government support is available to those eligible, most infant formulas exceed the weekly value of benefits available through schemes such as the Healthy Start and Best Start Food. This can lead to parents foregoing food in order to provide for their babies.
On pricing, differences between brands can have a sizeable impact on parents’ finances. Evidence reviewed by the CMA shows that they could make a saving of around £300 over a baby’s first year of life by switching from a popular mid-priced product to a low-priced brand.
Recommendations
The 4 recommendations from the CMA are:
Removing brand influence in healthcare settings: Parents should be provided with timely, clear, accurate and impartial information on nutritional sufficiency of all infant formula products as early as possible. Where parents are given infant formula in healthcare settings, labelling should be standardised to reduce the influence of branding on their decision making. For example, branded formula could be put into non-branded containers, or the NHS could have a white-label formula.
Equipping parents with the right information when they are shopping: Information about nutritional sufficiency should be displayed clearly and prominently on shelves and when buying online. In store, all brands of infant formula should be displayed together and in a separate cluster from other formula milks to enable quick and easy price comparisons.
Strengthening labelling and advertising rules: All packaging should clearly display information on nutritional sufficiency. Claims that are intangible, or cannot be easily checked by parents, should be banned. Like infant formula, advertising (including price promotions and deals) for follow-on milks should be banned. To help shops, manufacturers and enforcers, government should clarify what constitutes ‘advertising’, outlining exactly what shops and manufacturers can and cannot do regarding formula milks. Parents should be allowed to use gift cards, vouchers, loyalty points, and coupons to purchase infant formula.
Effectively enforce current and future rules: Strengthen the roles played by relevant authorities so they must approve the packaging of all infant formula products before sale. At present, companies can put products onto the market before the relevant authority has reviewed the label.
Public Health Minister, Ashley Dalton, said: “I welcome this report and would like to thank the Competition and Markets Authority for their thorough investigation.
“There are many benefits of breastfeeding but for those families that cannot or choose not to breastfeed, it is vital that they can access formula that is affordable and high quality. Families should not be paying over the odds to feed their babies because of outdated regulation.
“As part of our Plan for Change, we’re determined to ensure every child has the best start to life. We will carefully consider these recommendations and respond fully in due course.”
Competition and Markets Minister Justin Madders said: “The government has been clear through our new Strategic Steer to the CMA that competition and consumer protection will drive economic growth.
“That work to drive better outcomes for consumers across the infant formula market delivers on this priority. We look forward to working closely with the CMA across government to continue to deliver growth as part of our Plan for Change.”
Next steps
Recommendations are made to UK, Northern Irish, Scottish and Welsh governments, working in collaboration with other organisations, where appropriate. The CMA will now engage to explain these measures and support their implementation.
Inquiry publishes first report and 10 recommendations focused on pandemic resilience and preparedness
The Chair of the UK Covid-19 Inquiry, Baroness Heather Hallett, is urging the new UK government and the governments of Wales, Scotland and Northern Ireland to implement promptly her 10 key recommendations following publication of the Inquiry’s report of its first investigation into the nation’s resilience and preparedness for the pandemic.
These recommendations, made public on Thursday 18 July 2024, include a major overhaul of how the UK government prepares for civil emergencies such as the Covid-19 pandemic.
Key recommendations include a radical simplification of civil emergency preparedness and resilience systems, holding a UK-wide pandemic response exercise at least every three years and the creation of a single, independent statutory body responsible for whole system preparedness and response.
It is the first of several reports setting out the Inquiry’s recommendations and findings.
Today the Inquiry has published its first report after examining the resilience and preparedness of the United Kingdom to respond to a pandemic. My report recommends fundamental reform of the way in which the UK government and the devolved administrations prepare for whole-system civil emergencies.
If the reforms I recommend are implemented, the nation will be more resilient and better able to avoid the terrible losses and costs to society that the Covid-19 pandemic brought.
I expect all my recommendations to be acted on, with a timetable to be agreed with the respective administrations. I, and my team, will be monitoring this closely.
Baroness Hallett, Chair of the Inquiry
Module 1 examined the state of the UK’s structures and the procedures in place to prepare for and respond to a pandemic.
Hearings for Module 1 were held in London in June and July 2023 and the Chair heard from current and former politicians as well as key scientists, experts, civil servants and bereaved family members.
Following these hearings, the Inquiry’s findings and recommendations are set out in the report published today. The publication of the first report has been welcomed by some of those who lost loved ones during the pandemic. Dr Alan Wightman from North Yorkshire, lost his mother in early-May 2020 to Covid-19 that she had acquired in her care home in Fife, Scotland.
My Mum was an 88-year-old widow, a dementia sufferer and a cancer survivor. She had been settled and looked after in her well-run home for 11 months before Covid got in, despite the best efforts of the staff. A number of the home’s residents were taken by Covid.
I congratulate Baroness Hallett and her Inquiry team for reaching this substantive milestone of issuing findings and recommendations from Module 1. To be at this point a mere 13 months after witnesses started giving evidence in this Module is very impressive. To have achieved that whilst simultaneously completing Module 2 and its three satellite Modules, plus having Module 3 ready to launch within the next three months, is truly exemplary.
Dr Wightman
In her findings, the Chair concludes that the UK’s system of building preparedness for the pandemic suffered from several significant flaws.
These include a flawed approach to risk assessment, a failure to fully learn from past civil emergency exercises and outbreaks of disease, and Ministers not receiving a broad enough range of scientific advice and failing to challenge the advice they did get.
Baroness Hallett acknowledges the pressure on politicians and others to make tough decisions about how resources should be used. However, she also stresses that if the UK had been better prepared, the nation could have avoided some of the significant and long-lasting financial, economic and human costs of the Covid-19 pandemic.
In summary her recommendations are:
A radical simplification of the civil emergency preparedness and resilience systems. This includes rationalising and streamlining the current bureaucracy and providing better, simpler Ministerial and official structures and leadership;
A new approach to risk assessment that provides for a better and more comprehensive evaluation of a wider range of actual risks;
A new UK-wide approach to the development of strategy, which learns lessons from the past and from regular civil emergency exercises and takes proper account of existing inequalities and vulnerabilities; Better systems of data collection and sharing in advance of future pandemics, and the commissioning of a wider range of research projects;
Holding a UK-wide pandemic response exercise at least every three years and publishing the outcome; Bringing in external expertise from outside government and the Civil Service to challenge and guard against the known problem of ‘groupthink’;
Publication of regular reports on the system of civil emergency preparedness and resilience;
Lastly and most importantly, the creation of a single, independent statutory body responsible for whole system preparedness and response. It will consult widely, for example with experts in the field of preparedness and resilience and the voluntary, community and social sector, and provide strategic advice to government and make recommendations.
The Chair believes that all 10 recommendations are reasonable and deliverable and all must be implemented in a timely manner. The Inquiry and the Chair will be monitoring the implementation of the recommendations and will hold those in power to account.
The Chair has today restated her aim to conclude all public hearings by summer 2026, and to publish reports with findings and recommendations as the Inquiry progresses.
The Inquiry’s next report – focusing on Core UK decision-making and political governance – including in Scotland, Wales and Northern Ireland (Modules 2, 2A, 2B and 2C) – is expected to be published in 2025.
Future reports will focus on specific areas, including:
Modules 2, 2A, 2B, 2C: Core UK decision-making and political governance – including Scotland, Wales and Northern Ireland
Module 3: Healthcare systems
Module 4: Vaccines and therapeutics
Module 5: Procurement – procurement and distribution of key equipment and supplies
Module 6: The care sector
Module 7: Test, trace, and isolate programmes
Module 8: Children and young people
Module 9: Economic response to the pandemic
For more details of these modules visit the Inquiry’s website.
The Chair is also examining the best way to fulfil her Terms of Reference and investigate the impact of the pandemic on the population of the UK. This will cover a wide range of those affected and include the impact on mental health.
TUC: Covid Inquiry Report is a “moment of truth for the country” as report confirms impact of austerity on UK preparedness and resilience
Report confirms that public services were under huge strain even before Covid struck
Baroness Hallett says public health, NHS and social care sector’s capacity to respond to pandemic was “constrained” by funding and negatively impacted by “severe staff shortages” and infrastructure “not fit for purpose”
Report warns that not investing “in systems of protection” will impact on the UK’s “preparedness and resilience” in a future pandemic
Responding to the UK Covid-19 Inquiry Module 1 report today (Thursday), TUC General Secretary Paul Nowak said: “This is a moment of truth and reflection for the country.
“Baroness Hallett’s report confirms that austerity left the UK underprepared for the pandemic.
“Faced with the biggest crisis since the Second World War our defences were down as a result of severe spending cuts.
“We owe it to those who lost their lives – and to those workers who put their lives at risk – to make sure this never happens again.
“Strong public services – and a properly supported workforce – are vital for the nation’s health. As Baroness Hallett rightly points out the cost of investing in ‘systems for our protection’ is ‘vastly outweighed’ by the cost of not doing so.”
Commenting on the report’s finding that inequality put certain communities at disproportionate risk during the pandemic, Paul added:
“This report lays bare how inequality fuelled the spread of Covid-19. Low-income, disabled and BME people were far more likely to be infected and die from the virus. As Baroness Hallett warns inequality is a huge risk to the whole of the UK.”
Impact of austerity
Baroness Hallett writes on page 2 of her report:‘Public services, particularly health and social care, were running close to, if not beyond, capacity in normal times.
[…] in the area of preparedness and resilience, money spent on systems for our protection is vital and will be vastly outweighed by the cost of not doing so.’
Baroness Hallett writes on page 122 of her report:‘The Inquiry also heard that there were severe staff shortages and that a significant amount of the hospital infrastructure was not fit for purpose. England’s social care sector faced similar issues. This combination of factors had a directly negative impact on infection control measures and on the ability of the NHS and the care sector to ‘surge up’ during a pandemic.’
Baroness Hallett writes on page 123 of her report:‘Issues of funding are political decisions that properly fall to elected politicians. However, it remains the case that the surge capacity of the four nations’ public health and healthcare systems to respond to the pandemic was constrained by their funding.’
Baroness Hallett writes on page 127 of her report:‘Some witnesses to the Inquiry described the prioritisation and reprioritisation of limited resources as a cause of inaction. This is a widely recurring theme in the evidence.’
Impact of inequality
Baroness Hallett writes on page 70 of her report:‘Resilience depends on having a resilient population. The existence and persistence of vulnerability in the population is a long-term risk to the UK.’
‘[…] as the UK entered the Covid-19 pandemic, there were “substantial systematic health inequalities by socio-economic status, ethnicity, area-level deprivation, region, social excluded minority groups and inclusion health groups.”’
Baroness Hallett writes on page 71 of her report:‘Covid-19 was not an ‘equality opportunity virus’. It resulted in a higher a likelihood of sickness and death for people who are most vulnerable in society. It was the views of Professors Bambra and Marmot that:
“In short, the UK entered the pandemic with its public services depleted, health improvement stalled, health inequalities increased and health among the poorest people in a state of decline.”’
