Professional Documents
Culture Documents
Session 1 2011
Session 1 2011
Session 1 2011
INTRODUCTION
Sources of law
• Legislation
– Acts of UK Parliament
– Acts of Scottish Parliament
– Delegated legislation
• Made under powers delegated by parliament
• Same legal effect as Act
• Looked after children regulations
• Supplemented by
– Circulars
– Guidance
– Codes of Practice
• E.g. Around AWI and Mental Health (Care and Treatment)(Scotland) Act 2003
• Don’t have force of law generally (though some close, e.g. on child protection)
• May be referred to by courts if LA actions challenged, e.g. Community care
assessments
Problems of interpretation 1
Problems of interpretation 2
• ‘duty’ to children in need
• ‘household’ in grounds for referral to
children’s hearing
• Ability to understand/act in guardianship
cases
Supreme Court
(appeals only)
Sheriff Principal
(appeals only)
Sheriff
(deals with most of cases
exclusive jurisdiction less than £5,000
and evictions)
High Court as Court of Appeal
JP Court
(lay or stipendiary magistrate)
REGULATION OF SOCIAL
WORK SERVICES
Registration Requirements
• Cover:
– Social service workers – requirement to register
with Scottish Social Services Council
– Service providers – required to register with
Scottish Commission for the Regulation of
Care (Social Care and Social Work
Improvement Scotland from 1st April 2011)
Social Service Workers 1
• SSSC Registration Rules 2011
• Includes social workers, those who work in
care homes and residential child care workers
• Applicants must
– Satisfy qualification and competence requirements
– Be of good character
• Registration lasts 3 years (social workers) or 5
years (most others)
Social Service Workers 2
• Post registration
– Compliance with Codes of Practice
– Completion of CPD requirements
• E.g. 15 days in each registration period for social
workers (more for newly qualified)
Social Service Workers 3
– Can be removed from register on grounds of
misconduct
• Investigation following complaint of misconduct or criminal
conviction
– conduct, whether by act or omission, which falls short of the
standard of conduct expected of a person registered with the Scottish
Social Services Council, having particular regard to the Code of
Practice for Social Service Workers ...and the Scottish Social
Services Council (Registration) Rules 2011
– E.g. Johnstone – conviction for assault and breach of bail &
involvement in other incidents
• Other possibilities include warning, suspension or imposition
of conditions
– E.g. Horrobin condition as to further training
• SSSC Conduct Rules 2011
Care Services 1
• Does not include provision of field social
work services
• Includes:
– Child minders, support services, care homes,
adoption and fostering services (including those
provided by local authority) & housing support
services
– Subject to some exceptions covering informal
carers and services provided by NHS
Care Services 2
• Applicant must satisfy requirements as to
fitness (as individual/company and of
premises) – certain individuals disqualified
• SCRC (SCSWIS) will consider relevant
regulations and Care Standards
• Application may be granted subject to
conditions
Care Services 3
• Post registration
– Must comply with regulations (including staffing
and record keeping) and with Care Standards
– Staff must be satisfy fitness, qualification and
registration requirements
• Registration can be cancelled
– by application to sheriff in cases of urgency
– by SCRC (SCSWIS) in other cases
– services which local authorities under duty to
provide cannot be cancelled
Inspection 1
• Registered care services inspected by SCRC
(SCWIS)
– Periods for inspection vary, e.g. Care home twice every
12 months
• SCSWIS to review with view to having less frequent, less
intensive inspections for well-performing services and to make
use of more unannounced visits
– Review based on self-assessment & visit
– As outcome services graded
– Report can include requirements – may lead to
imposition of additional conditions on registration and
ultimately deregistration
Inspection 2
• Social Work Inspection Agency (SCSWIS)
– Reviews of LA social work provision &
involvement in multi-agency reviews
– Based on supported self evaluation
– Overall review of criminal justice social work
completed in 2007, National Inspection of
Prison-based SW services in 2011
• Services for children inspected by HMIE
Services for Children Unit
Complaints 1
• Local authority complaints and representations
procedure
– Covers both discharge and failure to discharge
duties
– Extends to services provided by third parties by
arrangement with LA (though LA can delegate
handling of complaints to third party)
– 3 stages envisaged
• Attempt to resolve complaint informally
• Review by single council officer
• Complaints Review Committee
Complaints 2
• SCRC (SCSWIS) registered services
– Condition of registration that have complaints
procedure
– complaints may be made to SCRC (SCSWIS)
directly
• If dissatisfied with outcome of LA or SCRC
(SCSWIS) complaints procedure can complain
to Scottish Public Services Ombudsman or
raise action for judicial review
• SSSC (SCSWIS) complaints procedure
SPSO
• In its own words considers cases where authority
has:
• Provided a poor service
• Delivered a service badly
• Failed to provide a service
...if you claim you have suffered injustice or
hardship as a result of these failures.