Consultation on the Draft Regulations relating to the Public Bodies (Joint Working) (Scotland) Act 2014 (Set 1 of 2)

ANNEX 2(A)

PROPOSALS FOR PRESCRIBED FUNCTIONS THAT MUST BE DELEGATED BY LOCAL AUTHORITIES RELATING TO THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014 (Section 1(7))

CONSULTATION PAPER

Section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014 provides for Scottish Ministers to prescribe in Regulations the functions of a Local Authority which must be delegated to the Integration Authority.

The Act restricts the range of Local Authority functions that can be delegated. The range of functions which may be delegated (and which, broadly, relate to social care) is set out in the schedule in the Act.

The Act confers a power on Scottish Ministers' to require the delegation of certain functions insofar as they relate to persons of at least 18 years old. Scottish Ministers may prescribe, in regulations, the functions that must be delegated. Only functions which are included in the schedule to the Act may be prescribed.

The legal framework that confers "social care" functions on Local

Authorities can be found across a wide range of legislation. These functions are considered by Scottish Ministers to be key to the establishment and promotion of a comprehensive and integrated health and social care service across Scotland.

Local Authorities, with partner organisations, purchase and provide a wide range of social work and social care services in order to carry out their legal functions. These services include services to children, young people, adults and families, promoting empowerment, independence, safety and protection. Services are provided for people of all ages, and their carers, who have a range of care and support needs. Across all care groups, while some individuals receive a service voluntarily, others will have social work involvement as a result of statutory responsibilities.

Social work and social care services support some of the most vulnerable people in our society. These services aim to be person centred and community based, with the purpose of promoting and improving, independence and social inclusion. Services which are aimed at increasing an individual's quality of life, self-care and resilience, and at mitigating the effects of poverty, illness and disability also seek to prevent the inappropriate use of more intensive services.

The draft Regulations include those functions listed in the Schedule of the Act as they relate to the following services for adults:

• Social work services for adults and older people;
• Services and support for adults with physical disabilities, learning disabilities;
• Mental health services;
• Drug and alcohol services;
• Adult protection and domestic abuse
• Carers support services;
• Community care assessment teams;
• Support services;
• Care home services;
• Adult placement services;
• Health improvement services;
• Housing support services, aids and adaptions;
• Day services;
• Local area co-ordination;
• Respite provision ;
• Occupational therapy services;
• Re-ablement services, equipment and telecare.