Amendments to the Care Reform Bill – Stage 3: Final vote approaching

SASW is pleased to confirm that several amendments to the Care Reform Bill (the remaining part of the original National Care Service Bill) have been lodged by Sandesh Gulhane MSP, Conservative Health and Social Care Spokesperson and Brian Whittle MSP. We are grateful that our asks have been included within the amendments below.

These amendments are aimed at strengthening the Bill and improving outcomes for people who use social work and social care services.

55 - Brian Whittle MSP: Duty of providers to inform SCSWIS of suspension of care home visits

Why is it needed

The Public Services Reform (Scotland) Act 2010 requires all registered services to notify the Care Inspectorate of certain events or changes to a service. Suspension of visits to people in care homes is an infringement of their rights that causes harm and must be used extremely judiciously. Requiring care providers to report to the Care Inspectorate will ensure there is oversight of the suspension of visits. This supports analysis and scrutiny of the use of this power.

Detail of amendment

In section 40, page 8, line 35, at end insert—

<(2A) The duty must also be framed so that, where a provider of a care home service has suspended visits under subsection (2), the provider must, as soon as reasonably practicable, notify SCSWIS—

(a) that a suspension has been made,

(b) of the extent of the suspension, including whether the suspension is specific

or general,

(2B) Notification under subsection (2A) must be provided in such manner and form and include such information as SCSWIS may require.

(2C) Before setting requirements under subsection (2B), SCSWIS must consult with—

(a) providers of a care home service,

(b) such other persons as SCSWIS considers appropriate.

(2D) SCSWIS must publicise any requirements which are for the time being set under subsection (2B).>

Amendment 56 Sandesh Gulhane MSP - Anne’s Law complaints

What is the purpose of the amendment

To ensure that there is a process of recourse for care home visitations within Anne’s Law.

Why is it needed

There needs to be an explicit route for recourse within Anne’s Law which creates clear accountability for complaints and dispute resolution.

Detail of amendment

In section 40, page 9, line 39, at end insert—

<(2A) The code must provide a process for-

(a) complaints to be made in relation to any matter under section 78A or 78B by-

(i) residents,

(ii) carers,

(iii) Essential Care Supporters, and

(iv) such other persons as the Scottish Ministers consider appropriate,

(b) complaints to be made in relation to the code, and

Amendment 61 Sandesh Gulhane MSP - Care Inspectorate reporting on the suspension of visits

What is the purpose of the amendment

To ensure that there is transparent reporting of the suspension of care home visits in Scotland. This amendment assures that power and locates a duty on the Care Inspectorate to share the data and analysis and make any recommendations for changes to the Code.

Why is it needed

Denying access to visits for care home residents has significant consequences. Regular reporting will allow any onerous use of this power to become evident.

Detail of amendment

In section 40, page 10, line 35, at end insert—

<78CA Report on suspension of care home visits

(1) SCSWIS must, in respect of each reporting period, prepare and publish a report on the suspension of care home visits.

(2) A report under subsection (1) must include -

(a) information about the number of times care home visits have been suspended,

(b) an assessment of any trends that can be identified in the suspension of care home visits,

(c) examples of good practice or areas of concern in relation to the following of the code of practice under section 78C, where applicable,

(d) any recommendations for revisions to the code of practice under section 78C.

(3) In this section, "reporting period" is the period of 1 year beginning with the day after Royal Assent and each subsequent period of 1 year.>

Amendment 65 Sandesh Gulhane MSP - Care Inspectorate Powers

What is the purpose of the amendment

To ensure that care providers report any suspension of visits to a care home by a carer or essential care supporter to the Care Inspectorate and that the reason, duration and mitigations of potential harm of each suspension are recorded.

Why is it needed

The Public Services Reform (Scotland) Act 2010 requires all registered services to notify the Care Inspectorate of certain events or changes to a service.

Requiring care providers to report to the Care Inspectorate will ensure there is oversight of the suspension of visits. This supports analysis and scrutiny of the use of this power.

Detail of amendment

After section 43, insert-

<Care Inspectorate: powers

(1) The Scottish Ministers must by regulations provide powers to the Care Inspectorate with the purpose of-

(a) improving standards of local care,

(b) providing for a system of complaints handling in relation to the provision of care services, including powers of redress,

(2) For the purposes of subsection (1) "inspection volunteers" are individuals who- ,

(a) assist regulatory bodies of organisation in assessing and evaluating social care services,

(b) providing feedback by engaging with service users,

(d) help ensure that services meet required standards.>

Amendment 67 Sandesh Gulhane MSP - Functions of the National Chief Social Work Adviser in legislation

What is the purpose of the amendment

To describe the functions and purpose of the National Chief Social Work Adviser and National Social Work Agency.

Why is it needed

Unless the legislation includes some high-level description of the functions of the National Chief Social Work Adviser, their role and purpose remain at the discretion of Scottish Ministers. Enshrining the functions and purpose in legislation is ensures that the Adviser and the Agency has a clear statutory purpose.

Detail of amendment

In section 43B, page 15, line 37, at end insert—

<(ia) advise them on professional standards and ethics in social work and social care standards, policy and services,

(ib) promote continuous improvement of social work services and social care services,

(ic) have responsibility for the professional development of the social work services and social care workforce, including-

(A) education and training to be undertaken by a person before being employed in the social work services and social care workforce,

(B) education and training to be undertaken by a person when employed in the social work services and social care workforce,

(id) represent the interests of persons working in social work and social care as determined by those persons,>