New powers to inspect care providers: CCPS secures guarantee of consultation
Posted on Thursday 04 February 2010
Significant new powers of inspection are to be conferred upon the care services regulator by Section 43 of the Public Services Reform Bill, currently at Stage 2 of the parliamentary process. The new body created by the bill - Social Care and Social Work Improvement Scotland (SCSWIS) - will be able to inspect provider organisations corporately, as well as the individual services they provide.
CCPS held urgent talks with the Scottish Government last week about this new power, which was not consulted on prior to publication of the bill nor set out in the policy memorandum accompanying it. The full extent of the power only came to light during discussions about other aspects of the legislation, and the government has conceded that its policy intention in introducing it has never been put on the record.
Recognising this, and that the power remains entirely undefined in the bill as introduced, the government moved a series of amendments to the legislation on 2nd February. These amendments provide for appropriate definitions and processes to be drawn up through plans and guidance, stipulate that any inspections under this section will be conducted in accordance with the principles of proportionality and best regulatory practice, and give assurances that consultation will take place.
Malcolm Chisholm MSP intervened in the debate, telling the finance committee that "the minister...should say a bit more about...section 43, because that adds a completely new dimension to inspection. I am not saying whether that is a good or a bad thing, but it should be recognised that it is a new dimension. The minister will know that some voluntary sector providers are concerned that that might involve a corporate inspection, which they feel might not be appropriate".
In response to Mr Chisholm, the Minister (Shona Robison MSP) put the policy intention clearly on the record when she told the committee that "where there is a concern about systemic issues or the headquarters functions of an organisation—which go beyond local service provision—it is right and proper that SCSWIS should be able to go in and inspect whether something is not working as it should."
Meanwhile government officials have assured CCPS that the amendments mean that the new power will not result in a programme of routine or systematic corporate inspections of all providers.