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The Way Forward for Care

Chapter 3 Scottish Commission for the Regulation of Care

Policy objective

17. The policy objective is to create an efficient and effective national body to regulate care and early education, which properly takes into account the various interested parties, including service users, providers and professional groups. The body will operate under the general supervision of Scottish Ministers but will be independent in its day to day operation.

18. The main functions of the Commission will be:

• the regulation of care services including early education services in Scotland;
• keeping Scottish Ministers informed about the provision and quality of care services including early education in Scotland;
• encouraging improvement in the quality of services; and
• making information available to the public about the quality of care services including early education.

Board of management

19. The consultation paper suggested a board of between 17 and 21 members appointed by Scottish Ministers, with 50% being users and carers or their representatives. Many consultees pressed for their particular interest group to be represented. Views on a requirement that half the members should be users/carers were mixed, with some considering that this would result in the size of the board becoming unmanageable.

20. After consideration, we agree with many consultees that specifying a particular size and mix for the Commission in legislation could be unnecessarily restrictive, particularly as the range of services to be regulated may change over time. Ministers may well want the board to concentrate on different aspects of the Commission's work at different times. Ministers are fully committed to effective user/carer involvement in the Commission. However, requiring that half the board be users and carers could also be unduly limiting. We consider that it should be left to Scottish Ministers to decide on the size of the board and mix of members, depending on the circumstances at the time.

21. We therefore propose that the legislation should not specify a particular size of board. It will, however, require Scottish Ministers to take into account the need to balance the interests of users and carers, providers, purchasers, and professionals/staff in making appointments. For the first appointments, Scottish Ministers are clear that users and carers should constitute the largest of the 4 groups. Ministers will also ensure that the Commission provides whatever support is necessary to enable users and carers to actively participate in the work of the board. Ministers also intend that one member of the Commission's board should be on the board of the Scottish Social Services Council, to ensure that appropriate links are maintained. This should be the chair or the chair's nominee.

22. Appointments to the board will be for terms of up to 3 years, with a maximum total period of 6 years. The chair of the board would serve a maximum of 2 x 3 year terms, which could follow on from a period as a member. The legislation would include provisions for the resignation of the chair and members, and for appointments to be terminated in specified circumstances (for example bankruptcy, criminal conviction, failure to carry out duties and so on).

23. To provide maximum flexibility, the legislation will provide that the Commission can pay its chair and members and meet their expenses, with the consent of Scottish Ministers. Ministers expect any payment in the first instance to be limited to the chair. Members' expenses - including paying for substitute care and other expenses to facilitate the involvement of users and carers - will, however, be met.

24. The board will have the power to establish sub-committees and to delegate functions to these and to staff. Sub-committees would have to be chaired by board members, but could include people from outwith the board as members. The legislation will include the power to establish the board in shadow form. The shadow board would have the powers to enter into contracts, take on staff and premises, prepare plans for Scottish Ministers, draw up and consult on protocols and other work related to the commencement of the work of the Commission.

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