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Briefing Document No 15 - Page 2 of 4
Regulation of Care - Continued.
The Commission has the power to serve an improvement notice to a care service at any time. The notice will specify the improvements required to bring a care service up to the standards required and the timescale for meeting these standards. Failure to do so can result in the Commission cancelling a service's registration.
The Commission may also apply to a sheriff for the immediate cancellation of registration or change in the conditions of registration of a care service, when there is a serious risk to a person's life, health or well-being. Appeals may be made to the sheriff within fourteen days of the notice being given.
2. Inspection of all care services
All care services will be subject to a minimum of at least one inspection every twelve months, and may be inspected at any time. There are also wide powers to copy or remove relevant records (other than medical records), to interview in private the manager, employees, or any persons accommodated or cared for by the service who consent to be interviewed, including with family, carers or other representative where appropriate. An inspector who is a medical practitioner, registered nurse or dentist will be able to examine a patient or resident in private with their consent or their medical/dental records if they believe that person may not be receiving proper care.
3. Information and advice
The Commission will make available to the public information on the availability and quality of care services, to enable them to make decisions about which care services they may wish to use. This may include information on the location and types of services available as well as the result of its inspections of individual care services or whether enforcement action is being taken against any specific service. The Commission will also provide advice to local authorities, health boards and care service providers or prospective providers, including guidance to service providers on how to meet the national care standards.
The Commission will also have a statutory power to advise Scottish Ministers on trends in care provision generally and promote improvements in care services in Scotland. The Commission will be able to charge a reasonable fee for any goods or services it provides.
4. Complaints
The Commission will establish a complaints procedure to deal with any complaints made to it about registered care and early education services.
The Council's Functions
1. Codes of practice and conduct
The Council will be required to produce codes of conduct and practice for social service workers and for employers of such staff, in order to raise standards. Currently no such nationally agreed codes exist. The Council will consult in drawing up these codes with the Commission and anyone they think appropriate, and will get the agreement of Scottish Ministers before publishing the codes.
2. Registration of social services staff
For the first time a national register of social services staff will be set up and maintained by the Council. This will cover social workers, social service workers, and students or probationers training to become either of these. Applicants can only be registered on satisfying the conditions laid out by the Council, such as being of "good character". The Council may require registered persons to attend education or training courses.
The first round of registration will cover social workers, staff in residential child care, and heads of adult day care services and residential care homes; a second tranche will register all staff in adult residential care and staff working in early education and childcare.
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