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The Way Forward for Care

Chapter 8 A new system of workforce regulation

Policy objectives

99. The objectives of a new system of workforce regulation are to:

• strengthen and support the professionalism of the workforce;
• raise standards of practice; and
• protect the people who use the services.

Current position

100. Unlike the position in other human services such as teaching, nursing and medicine, there is no comprehensive workforce regulation in the personal social services. Employers are not required (with some exceptions) to employ staff with particular qualifications. There is also no way of monitoring and tracking people in the workforce who are plainly unsuitable for the jobs they are doing, for example through offending behaviour, incompetence or abuse of service users. Such people may be removed from their post by their employer but may be re-employed elsewhere in the social services workforce.

101. While some employers have developed codes of conduct to which their staff must conform and some professional bodies have developed codes of ethics, these are not widely accepted across Scotland and do not apply to the whole workforce.

102. The regulation of professional social work education and training by the Central Council for Education and Training in Social Work (CCETSW) will cease in England and Wales when the Care Standards Bill is implemented. It is intended that CCETSW's operation in Scotland will cease when the legislation we are preparing is implemented.

Establishing a national body

103. It remains our view, as set out in the White Paper, that a national body which would regulate the social services workforce is the most effective way of ensuring that policy objectives are met. Respondents to the consultation paper were fully supportive of this approach. This body will be called the Scottish Social Services Council. It is intended that the Council will exercise its functions under the general guidance and direction of regulations determined by Scottish Ministers.

Board of management

104. The main responsibilities of the Council will be regulating the standards of conduct and practice of social services staff by promulgating codes, registering key groups of staff and regulating professional social work education and training for social care before and after registration.

105. The consultation paper proposed a Council of between 17 and 21 members appointed by Scottish Ministers, the appointments to be made in accordance with the Commissioner for Public Appointments Code of Practice. The paper also proposed membership of one third users, carers or their representatives; one third for registrants and one third for other stakeholders. Responses to the consultation paper raised a number of concerns about these proposals. These related to whether the proposed size was sufficient to represent the full range of stakeholder interests, whether members would represent particular constituencies and whether the suggested balance of interests was correct.

106. In taking its responsibilities forward, the Council will need members with direct or indirect experience as users and carers. It will also need lay members whose knowledge and experience would strengthen the capacity of the Council for independent judgement, and members drawn from stakeholders including registrants, employers, educators and professional bodies.

107. As members of an independent body, those who serve on the Council will do so in an individual capacity, and will not formally represent any particular constituency. To underline this independence, the composition of the Council should be appropriately balanced so that no one stakeholder interest predominates. The size of the Council should be such as to ensure that it is capable of working efficiently and effectively.

108. Legislation will spell out the functions of the Council but, to allow for maximum flexibility in meeting the objectives of the Council now and in the future, it is not proposed to specify the size or composition of the Council in primary legislation. 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. Ministers intend however that one member of the Council shall also be on the board of the Scottish Commission for the Regulation of Care, to ensure that the appropriate links are maintained. This should be the chair or the chair's nomination.

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

110. To allow for maximum flexibility, the legislation will provide that the Council 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 - will, however, be met.

111. The Council will have the power to establish sub-committees and to delegate functions to these and to staff. Sub-committees will be chaired by Council members, but could include people from outwith the Council as members.

112. The legislation will include the power to establish the Council in shadow form. The shadow Council will have the powers to enter into contracts, take on staff and premises, prepare plans for Scottish Ministers, draw up and consult on protocols and so on.

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