The Scottish Government

1. What is the definition of a scrutiny body? Is it just about inspection?

2. Are existing bodies not carrying out sufficiently good scrutiny already?

3. What will the new bodies do?

4. Why not make it just one new organisation?

5. Will there be reduction in scrutiny?

6. How will the new bodies be established?

7. What will be in the Public Services Reform Bill?

8. What is the legislative status of the two new bodies?

9. What will be the names of the new bodies?

10. Won't it be difficult for healthcare services operating in the private sector to be regulated by an organisation that is part of the NHS?

11. What are the benefits of these changes?

12. How will the new organisations be structured?

13. What about the other issues which affect staff?

14. What is the policy position on the care regulator being self-financing from fees?

15. How are you consulting with those affected and keeping people informed?

16. Why did you not have a "proper" formal consultation process on the draft Bill?

17. What engagement has there been with the Trade Unions representing the employees of the existing bodies?

18. What is the timetable?

19. Will services registered with the existing bodies have to start anew with the new organisations?

20. The Care Commission and HMIE award grades to services. Will this continue?

21. Will it be business as usual for SWIA, the Care Commission, NHS QIS and HMIE until April 2011?

22. How will complaints handling be done?

23. There is a lot of support for the National Care Standards' focus on the person receiving the service. Will that clarity be compromised?

24. Same applies to the emphasis the Care Commission now places on user and carer participation in service delivery and in the regulatory process itself. Will that be lost?

25. What was the reason for reviewing the decision to put MWCS in new healthcare scrutiny body for the moment?

Scrutiny does usually include inspection activity, but increasingly, it is also about improving the quality of services. Some scrutiny bodies also register new services and investigate complaints. Many also have an enforcement role and can make requirements, recommendations or even close down services. For the purpose of reforming the public sector, the Scottish Government takes a very broad view of the range of activities a scrutiny body can undertake.

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Are existing bodies not carrying out sufficiently good scrutiny already?

Individually yes, they are already carrying out good scrutiny, but the public sector in Scotland has evolved in a very piecemeal way. As a result some service providers and the public often feel that too many bodies are scrutinising the same service providers, or there is wave after wave of inspection from different organisations. Ministers want to reform the situation and streamline the scrutiny process.

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With the exception of independent healthcare regulation, all of SWIA's and the Care Commission's work will be carried out by the new social work and social care body. The work HMIE currently does inspecting child protection services provided by local councils and developing a model of inspection for integrated children's services will also transfer to this new body.

The work of NHS QIS, plus the regulation of independent healthcare currently carried out by the Care Commission, will transfer to the new healthcare body.

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That would create a very large new organisation with many responsibilities. Ministers feel it would be a step too far at this stage and would not necessarily achieve the required improvement.

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It will reduce the amount of external scrutiny for some very good services. The scope and intensity of scrutiny will be proportionate to the level of risk.

Vulnerable people who use services must continue to be safeguarded and protected. The widely accepted principles of better regulation, that scrutiny should be targeted and proportionate are increasingly being applied by scrutiny bodies nationally and internationally. This means doing more work with poorer services to help them improve and less with those that consistently deliver good quality service.

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The Public Services Reform Bill was introduced on 28 May 2009 to the Scottish Parliament and contains the proposals to establish the new bodies.

Diagram showing a Bill's process through the Scottish Parliament. The Finance Committee will be the lead Committee for the Public Services Reform Bill.

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Parts 4 and 5 of the Bill includes the legislative provisions for the establishment of the two new improvement and scrutiny bodies and the dissolution of the existing bodies. Part 6 of the Bill places new duties on scrutiny bodies in relation to user focus and working collaboratively.

There will be no major changes to existing legislation on the regulation of social and health care.

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The final decision is for the Scottish Parliament as part of the Public Services Reform Bill. The healthcare body is likely to be a special health body within the NHS. The social services and social work body is likely to be a Non-Departmental Public Body (NDPB).

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The final decision is for the Scottish Parliament as part of the Public Services Reform Bill. The names on the Bill are:

Social Care and Social Work Improvement Scotland (SCSWIS); and

Healthcare Improvement Scotland (HIS).

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This has not been raised as a significant concern by providers of independent healthcare services for whom the emphasis is on rigorous scrutiny that highlights the quality of their services. Many of these organisations also provide services to the NHS and as far as possible the new healthcare body will integrate its work in relation to the NHS and independent healthcare across all its functions.

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• Having fewer organisations involved will be easier for everyone, but particularly the public, to understand and access

• It will reduce the amount of external scrutiny for some very good services. The scope and intensity of scrutiny will be proportionate to the level of risk

• Inspectors will have more time to concentrate on getting better outcomes for the people who use services

• Less bureaucracy and better value for money from having fewer scrutiny organisations.

• Self-evaluation will be further developed so that service providers can develop and enhance their own quality assurance system

• There will be new legal powers to require closer and more effective joint working by scrutiny bodies. It will no longer just depend on goodwill and voluntary joint working

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When the new bodies are established, one of their first tasks will be to develop their structures, but we can say some things at this stage:

• Each organisation will have one Board led by a Convenor (or Chair) and one Chief Executive

• Rationalisation of the senior management structure is likely in the social services and social work body where the functions of two existing bodies are being brought together

• Cost savings and efficiencies are expected to arise through new ways of working, better coordination and greater integration between the two new bodies and more flexibility from sharing services

• Ministers have clearly said there will be no compulsory redundancies arising from these changes.

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It is too early to be clear about other issues we know are important to the staff in the existing organisations - such as office locations, harmonisation of terms and conditions, pensions, voluntary severance. We will keep everyone fully informed as these issues are addressed.

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No change is expected (currently 42 per cent of the Care Commission's income comes from fees charged to service providers) but there may be a review of fee structures before 2011. It is a matter for Ministers to consider.

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A series of consultation events with a wide range of interest groups has been undertaken. A conference for service users and their carers and equality organisations was held on 26 June 2009 ( http://www.scotland.gov.uk/Topics/Health/Scrutiny/PublicEvent). Details of future events will appear on this website.

Stage 1 of the Public Services Reform Bill will allow the Scottish Parliament to hear stakeholder's views.

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The tight timeframe for progressing the Bill has not allowed time for a formal consultation. Instead we have been actively engaging with stakeholders, including the bodies themselves to develop the legislation. The bodies and their stakeholders are now engaged in preparatory work for the new bodies.

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The first consultation meeting with the Trade Unions took place on February 2, 2009 and there have been monthly meetings since then. The Trades Unions have representation in the project structure (http://www.scotland.gov.uk/Topics/Health/Scrutiny/WhosWho) with seats on the Programme Board and the Change Delivery Group. They are also involved in the task teams driving the legislative and business change.

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The legislation to set up the new bodies will be part of the Public Services Reform Bill. The timetable is:

• Public Services Reform Bill introduced to Parliament May 2009

• Following Royal Assent the Bill becomes an Act of the Scottish Parliament in 2010. We will then start recruiting the Boards and Chief Executives.

• The new organisations will start up April 2011

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There is a precedent for all services registered before the start date of a new regulator to be "deemed registered" by the new body. This is a decision for Ministers to consider.

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We expect the new arrangements to build on positive developments, like the use of grading, which we know is welcomed by the public and is very much in line with the scrutiny improvement agenda.

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They all have ambitious programmes of work over the next two years and will be pressing ahead with them. It's important for public assurance and protection of the people who use services that there is no disruption and a smooth transition to the new bodies. These organisations are also making a very strong contribution to the planning of the changes and will help ensure the smooth transition.

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The new bodies will have a complaints procedures for how they handle complaints against their own actions. SCSWIS will under section 64 of the PSR Bill handle complaints about care services. (Effectively the current system will continue for the new bodies).

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No. The new legislation will be more flexible, with powers from Ministers to develop and publish standards and outcomes. A review of the National Care Standards will begin later in 2009, but we would expect the service user focus to remain strong and take account of the new arrangements and structures.

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No, the new bodies will be expected to fully involve people who use services, families and carers in the regulatory process.

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Ministers decided that there should be more time for consultation with MWCS stakeholders' and for a review of the organisation's role and responsibilities to take place. The review is now underway and we can expect to have proposals in relation to the MWCS to consider at Stage 2 of the Public Service Reform Bill process.

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