Allan Wilson MSP
Cunninghame North

Policy Briefings

 


 

The Regulation of Care (Scotland) Act  
Briefing published - May 2001
 


Background

The Scottish Parliament's Health and Community Care has recently concluded detailed scrutiny of the Regulation of Care (Scotland) Bill. This Bill will regulate all aspects of care, from nurseries to nursing homes.       


 
Q. What is the Regulation of Care Bill?

A.  The Regulation of Care (Scotland) Bill proposes to provide a framework for the setting of national standards for all care services.  It seeks to ensure quality standards from cradle to grave. 

Q. Why do we need it?

A.  It is generally accepted that the previous regulatory framework was fragmentary.  It did not apply to all types of care in all settings, and in residential settings was formally split between “social” and “nursing” care.  Services for adults have changed fast and regulation did not keep pace.

The framework was ineffective in services for very young children and there was no consistency across the country.  As well as this, health and social work departments inspected their own services, with no independent element.

Q. How does the Bill change this?

A. This Bill is what is known as "enabling" legislation.  This means that it establishes a framework for regulation with much of the substantive details still to follow under the order-making powers given to Scottish Ministers under the Bill.

The Bill establishes who new non-departmental public body, the Scottish Commission for the Regulation of Care and the Scottish Social Services Council.  Together, these bodies will regulate care in Scotland and provide a national strategy and framework.

Q. What is the Scottish Commission for the Regulation of Care?

A.  The Commission, to be located in Dundee, will operate under the overall control of Scottish Ministers and will regulate the following services:

· Early education and childcare
· Support services (including home care and day care)
· Care homes
· Independent (i.e. private) healthcare
· Nursing agencies
· Housing support services
· Secure accommodation
· Boarding schools and hostels where these are for welfare and care
· Accommodation for the welfare and care of offenders
· Fostering and adoption agencies

The number of services to be regulated by the Commission is estimated at 16,100.

The Commission has a general duty of promoting the quality and improvement of care services in Scotland through national inspection and registration.

The first task of the Commission will be to set out a framework for action and accountability.  The focus of regulation will change and will be on the users of services rather than the buildings which house them.

Q. What is the Scottish Social Services Council?

The Council, whilst independent, will also operate under the general guidance of ministers.  All people working in appropriate professions will be required to register with the Council, which will:

· Publish codes of practice for staff
· Establish registers for particular groups of staff
· Regulate the education and training of social workers

Q.  How will this help?

This will help by ending the difference in quality of service between different areas of the country.  It will also ensure that all staff working with those in need of care are properly trained and regulated and can provide the best possible service for those who need it most.


Click here to read the Regulation of Care Bill
Click here to read the Parliament's Stage 3 debate on the Bill

 

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For further information contact:
Allan Wilson MSP 01294 605040 (Office)
or 07711038711 (Mobile)

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