Social care - Independent Review of Inspection, Scrutiny and Regulation: recommendation report - executive summary

Theme 2 – what needs to be inspected, scrutinised, and regulated?

Inspection, scrutiny, and regulation is an essential element of providing protection and safety for those who use social care support services. It is a way of giving assurance to families, friends and unpaid carers that their loved one is in receipt of good services, and it provides evidence to those commissioning and delivering care.

Evidence provided to the Review identified a range of services not currently subject to inspection, scrutiny, and regulation. It also heard that there are gaps in the regulation of some staff groups working in social care support services.

The recommendations made under this theme are:

8. It is recommended that a co-produced and bespoke scheme of registration for Personal Assistants (PAs) which recognises their skills and role, and opens up access to training and development, should be developed. Such a scheme would expressly seek not to create barriers, and through co-production, would create positive opportunities for both the Personal Assistant and their employer.

9. It is recommended that there should be a universal requirement to obtain registration with a regulatory body for all social care support staff appropriate to their role and setting, and that this should be a condition upon joining the social care workforce.

10. It is recommended that inspection, scrutiny, and regulation should be extended to areas not part of the current system, including agencies who provide social care support staff, to help drive continuous improvement and deliver better outcomes.

11. It is recommended that further development of stronger links between regulatory bodies across all areas within and out with the borders of Scotland should be established to ensure better regulation, transparency and accountability of providers of social care support services.

12. It is recommended that the best practice from other nations’ regulatory landscape is explored and considered with a view to enhancing transparency and accountability, particularly in relation to there being a named, accountable link to registration, inspection, and local employees.

13. It is recommended that The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 be reviewed to ensure consistent, effective and comprehensive applicability of the fit and proper person provisions across social care support services in Scotland.

14. It is recommended that Scottish Ministers make appropriate arrangements for market oversight and sustainability in the social care sector.

15. It is recommended that the list of care service types and set of corresponding definitions as set out in Schedule 12 of the Public Services Reform (Scotland) Act 2010, are assessed for fitness for purpose.