Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 [Draft]
Public Services Reform (Social Services Inspections) (Scotland) Amendment Regulations 2012 [Draft]
Item 2 is an evidence session with the Minister for Public Health on two draft affirmative instruments. Members will have received a cover note that sets out the purpose of the instruments and the fact that the Subordinate Legislation Committee had no comments to make on them.
Convener, thank you for the chance to say a few words about the two sets of regulations.
I thank the minister for those opening remarks. Do members have any questions?
I have two questions.
My understanding is that field social work is largely considered to be general social work provision—in other words, normal social work care provision organised by social workers in carrying out their duties. For example, a social worker who undertakes day-to-day work is carrying out field social work responsibilities.
And that is exempt from these regulations.
Yes.
That is fine.
The agreement with regard to?
With regard to the programme of care inspection to which you referred. Will that agreement be published?
Yes.
I do not have a question as such, but simply wish to reflect—I hope—the committee’s thanks for the speed with which you have introduced the regulations governing annual inspections. They are very much in line with the findings in our inquiry and I am delighted that the commitment made by the cabinet secretary in September will be met in February.
The minister will be aware that, in its report on its inquiry into care inspections and such matters, the committee considered it essential for the care inspectorate to have sufficient resources to implement the new inspection regime and deal with the additional workload that it would have. Are you confident that those resources are now in place to meet that requirement?
In taking forward the regulations we have obviously had discussions with the care inspectorate. Given that the regulations come into force on 7 February, the inspectorate will be required to consider how it will manage its inspection plan into the new year and, from those discussions, we are confident that it has the necessary resources to carry out that work.
During the inquiry, we heard that £400,000-worth of efficiencies would have to be made in order to reinvest in more staff. Are you confident that those efficiencies are being and will be made to meet those demands?
Any public body, including the care inspectorate, needs to ensure that it is making the most effective use of resources and targeting them where they are most needed. One of our discussions with the inspectorate has been about ensuring that it is in a position to meet the statutory obligations that will arise as a result of the regulations, and we are confident that it has the capacity in that respect and that it will continue to make the necessary efficiencies that any public sector organisation should make to ensure that it is using public money as efficiently and effectively as possible.
And the inspectorate has informed you that it sees no impediment to meeting those demands and that it is on course in that respect. I see Mr Huggins nodding.
The inspectorate has raised no concerns about its ability to meet the challenges arising from the regulations.
Mr Huggins, has the care inspectorate confirmed that it is on course to meet the £400,000 efficiencies target?
Yes. As you will recall—and as the cabinet secretary herself announced—the inspectorate’s budget was adjusted and now gradually increases over the next three years. As a result, its budget for the year that we are about to enter and the following two years is broadly equivalent to that for the current year, which had included additional resources for redundancies and further shrinkage that will not now happen. Between the two years in question, the inspectorate is now confident that it can deliver the inspection programme with the resources that it has been given.
But the committee heard evidence that, with the shortfall in the number of staff needed to meet this requirement, the inspectorate would need to create efficiency savings of £400,000 to secure additional staff. How is it on course to put in place a sufficient number of staff to meet the increased frequency of inspections?
You might recall that, prior to the cabinet secretary’s intervention, it had been decided that the inspectorate would have to make significantly greater efficiencies next year and the following year. In effect, the efficiency target has been reduced, while the inspection target has been increased. On that basis, the inspectorate is able to be confident about delivery.
Another important part of the puzzle was to ensure that the fees that are available to the care commission are in place to fund the regime. Has the fees issue with local government been resolved?
The fees that the care inspectorate charges are to providers of discrete services, such as care homes. It does not charge fees to local government; it charges them to care homes or care-at-home services. There is an existing schedule of fees, which is also subject to regulation.
Is the fees review continuing?
The cabinet secretary announced that we would publish a consultation note by Easter to have an open discussion about how fees should be structured in future.
I have one final question on the other significant work that the care inspectorate deals with—children’s services. Are we confident that that work will not be compromised as a result of the focus on and additional requirements of the increased frequency of inspections?
That should not happen. The care inspectorate will bring forward its report and annual plan on how it intends to take forward that area of work. We are confident that it will be able to balance its resources and ensure that that work continues.
That may be something that the committee will wish to discuss with the care inspectorate.
Under agenda item 4, I ask the minister to move motion S4M-01686.
I thank the minister and the officials for their attendance this morning.