Local Government and Communities Committee, 16 Sep 2009
Meeting date: Wednesday, September 16, 2009
Official Report
271KB pdf
Home Care Services for the Elderly
Item 4 is home care services for the elderly. Comments are welcome on the clerk's paper. Paragraphs 7 and 8 contain suggestions for further work on the issue.
I accept that a working group has been established to oversee what is happening in the area and to ensure that the present guidance is as robust as it should be. However, my concern about the Scottish Government's response is twofold. First, there is a suggestion that the Scottish Government will wait until the reference group has met and deliberated before it says anything further on e-procurement. Given the evidence that we received and the views that the committee held, I believe that we should be telling local authorities that such procurement is not appropriate and should not happen. I think that we should not delay that.
Secondly—this has been referred to several times this morning—the pressures on local authority resources mean that a number of local authorities are currently considering retendering care services not because retendering is due or because it is good for the service, but purely to save money. In our evidence sessions, we felt strongly that saving money should be balanced by the quality and continuity of care and all the other aspects that we took on board. I am concerned that the further guidance to local authorities will not go out until they have deliberated on their budgets. We should make our view clear to local authorities at this stage.
Would it be helpful to address that in a follow-up letter to the Government?
Yes.
Is the committee content with that?
I am disappointed with section 4.2 of the Cabinet Secretary for Finance and Sustainable Growth's response to the committee. He writes:
"There are no plans for the PSR Bill to provide powers which would enable the new body, SCSWIS, to take enforcement action against local authorities."
As I said during the evidence session, it is remiss of the bill that, whereas the care commission can currently take action against the provider of the service, no consequential action can be taken against the local authority that contracts out the service. If we are to deal with the issue correctly, the bill should include provision to allow the successor body to the care commission to take action against the local authority that is ultimately providing the service. The local authority that contracts out the service has a duty of care to the individuals who receive that service. Therefore, it should be possible to take action against the local authority if it fails to ensure the delivery of that service.
Given that hole in the current procedures, I ask that the committee write to the cabinet secretary to ask him to reconsider whether it is appropriate to strengthen the bill to provide the successor body with the powers to take enforcement action against local authorities that fail to ensure the proper and adequate delivery of services to those who receive care provision within their area.
Is the committee content with those suggestions?
Members indicated agreement.
Is the committee content otherwise with the Government's response?
Members indicated agreement.