This item was published during the term of a previous administration that ended in April 2007
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Housing and Childcare Agencies
23/07/2004
Deputy Health Minister Tom McCabe today urged providers
of Housing Support services and Childcare agencies, who
have been in business since before April 1, 2003, but have
not yet applied for registration to the Care Commission, to
do so before September 30 to avoid future prosecution.
Mr McCabe welcomed the Lord Advocate's confirmation that
he is prepared to grant amnesty against prosecution to
these providers, provided they apply before that date.
The amnesty will also apply to those who have submitted
applications to the Commission between October 1, 2003, and
now.
Developing the arrangements for agreeing the type of
service being delivered and the number of applications
required took longer than expected.
This meant that providers could not meet the closing
date for applications.
As a result some providers have been acting unlawfully
under the terms of the Regulation of Care (Scotland) Act
since October 1, 2003, when they were no longer deemed to
be registered with the Commission.
Mr McCabe said:
"Unlike other sectors regulated by the Care Commission,
which have been the subject of local regulation in the
past, both the housing support sector and childcare
agencies are being regulated for the first time.
"The registration process has proven to be more complex
than expected. For example, the Act requires providers to
submit applications for each separately managed branch of
their service.
"It has taken the Care Commission time, working with the
sector, to establish a benchmark against which the number
of applications required can be determined.
"I do not underestimate the seriousness of this
situation. We will take steps at the earliest legislative
opportunity to ensure that the registration status of these
services is brought within the law.
"We will also ensure that in future the legislation
allows adequate time for the Care Commission to work with
service providers through the registration process.
"What is important in this case is that continuity of
care has been and will be maintained for those who depend
on the delivery of these services - some of the most
vulnerable people in Scotland.
"The Lord Advocate's statement will reassure providers
that we are committed to ensuring continuity of
services.
"Many providers have already submitted their
applications for registration to the Care Commission and
some are registered.
"However I urge all providers who have not yet submitted
their applications to do so now to avoid prosecution in the
future."
Housing support services and child care agencies have
been regulated by the Care Commission since April 1,
2003.
Any provider not registered with the Commission after
that date was operating illegally.
However, services in existence on April 1, 2003, and
immediately beforehand were deemed to be registered
until March 31, 2004, provided an application for
registration was received before October 1, 2003.
Legislation requires applications for the registration
of each separate service, or branch of a service (defined
as one separately carried on or managed).
Some agencies providing more than one service or branch
were unclear on how many applications were needed.
The Care Commission worked closely with them to
establish details of typical management structures so that
guidance could be offered. It was therefore not possible
for many providers to submit formal applications
before October 1, 2003.
Ministers intend to lay an order during recess,
following a brief consultation period, to temporarily
remove the requirement for providers of housing support
services to be registered with the Care Commission to
receive Supporting People funding.
Ministers intend to lay another order at the appropriate
time to restore the requirement to register with the Care
Commission to receive this funding.
Applications for registration with the Care Commission
must now be submitted before September 30, 2004.