5 April 1991

Dear Sir or Madam

THE SOCIAL WORK (PROVISION OF SOCIAL WORK SERVICES IN THE SCOTTISH HEALTH SERVICE) (SCOTLAND) REGULATIONS 1991

Summary

1. This Circular advises local authorities that the above Regulations were made by the Secretary of State under Section 5(2) of the Social Work (Scotland) Act 1968 and came into operation on 1 April 1991. The Regulations require local authorities to consult the appropriate Health Boards, National Health Service Trusts or Special Health Boards on the performance of their social work functions in relation to individuals receiving treatment in the National Health Service.

Background

2. Local authorities’ social work functions have since 1975 included the provision of social work services in the National Health Service. The Regulations made at that time (SI 1975 No 790) required authorities, as part of their general duty to cooperate with Health Boards, to consult them on the provision of such services. The new regulations maintain that requirement and extend it to National Health Service Trusts and Special Health Boards which the Secretary of State has powers to establish the National Health Service and Community Care Act 1990.

Action

3. Local Authorities should therefore ensure that they have appropriate arrangements for consulting with Health Boards and, when established, NHS Trusts and Special Health Boards, to ensure co-operation in the provision of social work services to those receiving health care.

4. It will be for authorities to decide for themselves precisely the basis on which consultations as above should proceed. For the most part, however, arrangements will have been in place for some time. In this regard, local authorities and Health Boards are reminded of the Secretary of State’s acceptance of the report by the Working Party on Social Work in Hospitals (issued under cover of Circulars SWSG17/76 and NHS 1976(GEN) 79). Their attention is also drawn to the research study entitled "Social Work and Health Care in Hospitals" issued by SWSG in 1988.

5. Copies of the Regulations can be obtained from HMSO, 71 Lothian Road, Edinburgh.

Contact Point

6. Please direct any enquiries about this circular to Mr Trevor Hall, Social Work Services Group, Room 44, James Craig Walk, Edinburgh EH1 3BA

(telephone 0131 244 5455).

Yours faithfully

GAVIN ANDERSON