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The Way Forward for Care

Chapter 12 Related policy issues

Introduction

159. In addition to the main purpose of establishing new systems of care and workforce regulation the legislation will also deal with a range of other issues. Several of these were highlighted in the consultation paper. This chapter gives details of these issues.

Extend authority to make grant payments

160. As indicated in Aiming for Excellence and the subsequent consultation paper, we intend to legislate to put beyond doubt Ministers' ability to provide grant to a voluntary organisation where the voluntary organisation in question distributes the grant to other organisations or persons. In terms of the present legislation, it is not entirely clear whether Section 10 of the Social Work (Scotland) Act 1968 would allow Ministers to provide grant where the organisation concerned determined the amount grant it passed on to others. There was general agreement from the consultation that the legislation should be clarified so that Ministers' powers to provide grant are not constrained by the doubts which presently exist in relation to section 10. We will legislate accordingly.

Childcare and family support powers

161. The Childcare Strategy for Scotland was launched in May 1998. It sets as its principal goal the growth of affordable, accessible and quality childcare in each neighbourhood. The childcare strategy is allied to the Executive's broader policies on children and families, including the SureStart Scotland programme, and is closely linked to its social inclusion strategy.

162. Scottish Ministers currently provide finance to local authorities for the childcare strategy and for SureStart Scotland through GAE _ that is, as part of the overall funding for local authority services. Some of the resources for the childcare strategy have been held back for Scottish Executive initiatives on early education and childcare. To date, this central expenditure on the childcare strategy has been undertaken without any specific legislative base. In the period before devolution, Scottish Office Ministers made use of the Appropriations Act to make payments. Since devolution, Scottish Ministers have used the Appropriations Order.

163. Therefore, Ministers propose to place on a clear statutory basis their central expenditure on the childcare strategy and related matters. They intend to take a power which will enable them to support all types of organisation or persons connected to childcare, and for a broad range of activities involving children and parents, as well as related developmental, promotional and research activities.

164. The proposed power would enable Ministers to make grants to any organisation, public, private or voluntary, or any person involved in relevant activities. This would include local authorities, other public bodies, private companies, voluntary organisations, charities, academic researchers or any other person.

Direct payments

165. The policy objective is to promote and improve the take-up of direct payments by extending the scope of the scheme to younger people. The relevant legislation will be amended to allow 16 and 17 year olds with disabilities to receive direct payments. This will affect young people who are leaving home and setting up on their own and also young people leaving care.

Certification and registration of blind and partially sighted people

166. The Certification and Registration Working Group was set up in May 1999, following the publication of Sensing Progress. It is reviewing the efficiency of arrangements for certification and registration of blind and partially sighted people. The Group is looking at a range of options and is expected to produce its report and recommendations in the very near future. We will consider quickly any recommendations that require primary legislation and which could be included in the Bill.

Throughcare and aftercare services

167. Scottish Ministers wish to improve the life chances of care leavers and, in particular, to ensure that the enhanced local authority resources, following the transfer of certain DSS resources currently spent on this group of young people, are used to best advantage. A working group chaired by the Scottish Executive and including public and voluntary sector agencies working in this field is reviewing current arrangements and how these might be improved. In the light of the group's advice and information from a major research study underway, Ministers intend to amend the Children (Scotland) Act 1995 to permit better regulation for young people formerly looked after away from home by local authorities.

Safeguarders

168. We indicated our intention to clarify the provisions of section 101 of the Children (Scotland) Act 1995 relating to safeguarders who may be appointed by children's hearings under section 41 of the 1995 Act if the appointment is considered necessary to safeguard the interests of the child. Section 101 is a regulation making power for Scottish Ministers to regulate the establishment of panels for the appointment, qualifications and training of safeguarders. It also covers curators ad litem and reporting officers appointed under section 58 of the Adoption (Scotland) Act 1978 or under section 58 of the 1995 Act.

169. Section 101 does not permit regulations to be made in respect of the existing panels in each local authority. It only permits regulations in respect of national panels for Scotland. Nor does it allow the regulation of fees as well as expenses. The Executive proposes to amend section 101 to rectify these anomalies. The response to the consultation exercise was minimal and no objections were received.

170. Separately, in a review of training arrangements for Children's Panel Training Organisers (CPTOs), the Executive has been consulting on whether to extend the remit of CPTOs to include core training for safeguarders. The consultation period ended on 16 June and the detailed responses are being considered. Generally, there has been support in principle for the extension of the remit. The Executive will therefore clarify statutory duties and responsibilities in respect of training safeguarders.

171. As with children's panel members' training, the Executive will place a duty on local authorities to provide training of safeguarders and discretion on Scottish Ministers to assist. Many local authorities already support safeguarder training and the definition of training responsibilities should impose a minimal burden on local authorities. The Executive considers it essential to guarantee that safeguarders, who have access to vulnerable children, should undergo training. The extension of the CPTO remit to cover core training will mean that provisions are in place to ensure that standards are maintained a quality and that a caring service is available throughout Scotland for children and young people attending hearings.

Social Work Services Inspectorate (SWSI)

172. With the creation of the Commission and the Council, SWSI's work will change. The Chief Social Work Inspector will still be required to advise Ministers on professional matters and aspects of policy development, and to evaluate social work services nationally. Much of the evaluation work will focus increasingly on the production of the annual report on the quality and performance of social work services across Scotland. Through the Joint Scrutiny Forum this will tie in with Best Value and the general development of performance management of public services. The legislation will ensure that Scottish Ministers have sufficient powers to:

• inspect all social work services, their organisation and delivery;
• inspect a single local authority or all authorities; and
• investigate and report on any matters of concern.

The production of an annual report should not be a legislative requirement in order to ensure flexibility for future development of methods of using these powers and reporting.

Health Bodies and Limited Companies

173. The Executive is keen to remove barriers which inhibit joint partnership working between agencies. Currently, the law prevents health bodies from carrying out any of their functions through the medium of a limited company. This prohibition should remain for the functions which they carry out at their own hand and which form part of their core business. However, it can compromise the potential for innovation and inter agency co-operation and the delivery of care that matches needs and moves care to community settings. We therefore propose to change the law to permit NHS bodies to perform functions through the medium of a limited company, subject to approval in each case by Scottish Ministers. This would remove this inhibition and promote more flexibility in the delivery of care.

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