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The Way Forward for Care

Chapter 11 Establishing the Commission and Council

145. This Policy Position Paper has concentrated on issues related to the primary and secondary legislation required to establish the Commission and the Council. The Executive will be establishing an Implementation Unit to take forward many of the detailed issues that require further development to ensure the success of our proposals. This chapter sets down the latest position on a range of key implementation issues.

Funding the Commission and Council

146. The Scottish Executive will provide initial start-up funding to establish the Commission. In the longer-term the aim is for the cost of regulation to be met by fees paid by regulated providers, as set out in Aiming for Excellence. The Executive acknowledges the opposition to this proposal and the support for continued central funding, that was evident in consultation responses, but remains committed to its position. There may, however, be exceptions to this where full cost recovery through fees runs counter to other policy objectives.

147. The Scottish Executive will have powers to make regulations to set fee levels. The Commission will be able to generate income from fees related to a wider range of care services than at present since fees will be payable by all registered care and early education providers, including local authorities. Existing fee levels for residential care homes, nursing homes and early education and childminders will be kept under review and it is likely that a series of increases will be introduced from April 2001. Services not currently subject to registration and inspection fees will be required to pay fees when responsibility for regulating those services transfers to the Commission.

148. As now, it will be for providers and purchasers to consider whether fee costs should be reflected in charges made for providing care. Registration and inspection fees, however, represent a small proportion of the total cost of providing care services, so any impact on individual users from fees being reflected in charges should be negligible.

149. As the Commission will be assuming the registration and inspection responsibilities presently resting with local authorities and health boards some transfer of resources will be appropriate. Work is being undertaken to clarify the appropriate extent of these transfers, including utilising the results of a survey of registration and inspection units. The transfer of resources will recognise that in the future local authorities will lose the existing fee income, pay fees in relation to their own facilities and that they will retain responsibility for service development and contract compliance in their local areas.

150. The Scottish Executive will provide initial funds to establish the Council, which will include the administrative funds currently paid to CCETSW for its work in Scotland. The Council will have powers to receive funds. The Council will determine registration fees and the period of payment. These will be approved by Scottish Ministers.

151. The Commission and Council will be required to keep proper accounts and records, prepare an annual statement of independently audited accounts and submit them to the Scottish Executive.

Staffing the Commission and Council

152. Many people responding to the consultation paper commented on staffing issues and the Executive is aware that staff likely to be affected by the implementation of our proposals are anxious about their future careers and livelihoods. The consultation highlighted a desire for more information on staff transfers and jobs generally to be made available as soon as possible. Many, however, supported the notion of multi-disciplinary staffing and the use of secondments. Training and development of Commission staff was also seen as key to ensure success of the new organisation.

153. It is proposed that the following approach is pursued as regards staffing the Commission and the Council:

• Chief Executives and other senior managers will be appointed on the basis of open competition;
• following the principles of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)(1981) all currently employed staff in registration and inspection units and CCETSW will transfer to the Commission and Council on a non-competitive basis without any loss of existing terms and conditions. This will include heads of units and administrative staff where they work solely on registration and inspection. Where locational preferences emerge among staff there may have to be some form of competitive interview. Following the initial transfer it will be for the Commission and the Council to make detailed arrangements regarding staffing;
• if staff members, particularly administrative staff, do not wish to transfer to the Commission there will be discussion with current employers about staff being deployed elsewhere in those organisations. Staff currently employed by CCETSW will not have this option as CCETSW will cease to exist;
• the Commission will be able to employ and second specialist staff in addition to core registration and inspection staff as necessary and will want to secure a varied skill mix particularly to ensure multi-disciplinary teams in inspection as necessary; and
• the Scottish Executive and the Commission will develop a comprehensive programme of training for transferring and new staff in the operations of the new organisation.

154. Much of the detail on staffing levels and responsibilities will be for the shadow Commission and Council to decide as discussed below, although the Scottish Executive through the Implementation Unit will be undertaking considerable preparatory work. In this regard the Scottish Executive will provide as much information to involved staff as possible, including issuing a second edition of the staff newsletter following this Policy Position Paper.

Office location and local operations

155. The headquarters of the Commission and Council will be co-located. This will promote close working, as appropriate, between the two bodies and allow them to use accommodation efficiently. The Commission will have a small number of regional offices, probably 5 including the headquarters, to co-ordinate regulation at a local level. The location of the headquarters and the regional offices has yet to be decided and the detail of this will be addressed by the shadow board.

156. There was a call by some consultees to have local or regional committees along the lines of current local advisory committees. We consider, however, that this would detract from the nationally consistent system which we are trying to achieve. Involvement of service users and their families will come throughout the regulation process as the views and involvement of service users, their families and friends and advocates will be a central part of the inspection process and the key focus of the Commission. The ability to complain to providers and/or the Commission will be also be key. It is considered that such an approach will give service users a much more direct role in the work of the Commission than possible through the existing local advisory committees

Shadow boards

157. The legislation will provide for shadow boards for both bodies which could be set up following Royal Assent. Prior to this we will seek to make preparations to ensure the quick establishment of the boards. Members of shadow boards would be appointed following full appointment procedures, including national press advertisements, and on the understanding that they would become members of full boards in due course. The shadow bodies will have the power to make necessary preparations to facilitate a smooth transfer of responsibilities to the new bodies. The shadow bodies are expected to be in operation by summer 2001. Shadow boards would have the power to enter into contracts, commit expenditure and such like.

158. Following the appointment of the boards there would be appointment of the chief executives and initial staff members, such as senior managers, personnel and information technology staff. However, most staff will transfer on the first day of operation of the new bodies which is expected to be 1 October 2001 for the Council and 1 April 2002 for the Commission.

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