National Care Service Bill will include visiting rights for residents

Scottish Parliament
Image from the Scottish Parliament’s Facebook page

The National Care Service Bill has been proposed to make Scottish ministers accountable for adult social care in Scotland, which includes introducing visiting rights for residents living in adult care homes, giving legal force to Anne’s Law.

The Scottish government has publicly recognised that one of the main reasons for introducing Anne’s Law is an acceptance that families and friends play an essential role in the health and wellbeing of people who live in these homes – in terms of practical and emotional support.  Prolonged isolation from family and friends is likely to be detrimental to the welfare of the resident.

The Bill provides for the foundation of a National Care Service for Scotland (NCS) and enables the fine detail of the new service to be co-designed with people with direct experience of social care services. Plans have also been published to explain how that collaboration will work. The aims are to:

  • Introduce visiting rights for residents living in adult care homes, giving legal force to Anne’s Law
  • Support people in their own homes or among family, friends and community wherever possible, with seamless transitions between services
  • Create a charter of rights and responsibilities for social care, with a robust complaints and redress process
  • Introduce rights to breaks for unpaid carers
  • Ensure fair employment practices and national pay bargaining for the social care workforce
  • Focus on prevention and early intervention before people’s needs escalate
  • Create a new National Social Work Agency to promote training and development, provide national leadership and set and monitor standards in social work.

On a visit to Aberdeen-based charity VSA, which supports people with social care needs, cabinet secretary for health and social care Humza Yousaf said: “This is the most ambitious reform of public services since the creation of the NHS. People have told us they want a National Care Service, accountable to Scottish ministers, with services designed and delivered locally. That’s exactly what we are going to deliver.

“The design of the NCS will have human rights embedded throughout, and the actual shape and detail of how the NCS works will be designed with those who have direct experience of accessing and providing social care.

“We are going to end the postcode lottery of care in Scotland. Through the National Care Service we’re going to ensure everyone has access to consistently high-quality care and support so they can live a full life. This is our ambitious goal and while it will not be easy to achieve it is vital that we do.”

Social care minister Kevin Stewart added: “One of the key benefits of a National Care Service will be to ensure our social care and social work workforce are valued, and that unpaid carers get the recognition they deserve. When this Bill passes we will be able to have the new National Care Service established by the end of this Parliament. In the interim we will continue to take steps to improve outcomes for people accessing care – working with key partners, including local government, and investing in the people who deliver community health and social care and support.”

Chief operating officer of VSA Aberdeen John Booth, commented: “We welcome the announcement that the National Care Service Bill has been published. With this being the biggest reform since the creation of the NHS we will now take the time to properly review the bill to understand the opportunities and challenges that lie ahead. We look forward to working with the Scottish Government to co-design the NCS to ensure the voices and needs of the vulnerable people who rely on our vital services are heard.”

However. Robert Kilgour, chairman of Renaissance Care (Scotland), struck a different note talking to HealthInvestor: “I was trying to be positive and hopeful about the NCS but I am very disappointed – what a wasted opportunity – this is sadly an announcement full of sound bites but void of substance, details and explanation of exactly how the much promised and much needed front line improvements to essential care services will actually be delivered – the devil will be in the detail – care boards make up, powers etc.

“It really leaves us with more questions than answers – the big promises on the NCS previously made by the Scottish government have led so far to a somewhat hollow delivery. This does seem to be a blatant power grab by the Scottish government from Scottish local authorities – it is really all about their obtaining central control over everything.

“However, look at their track record of running things centrally – like Police Scotland, for example. Also, shouldn’t the already announced Scottish Covid Inquiry report and conclusions come first?

“This is sadly very much a cart before horse situation.”

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