National Care Service: business and regulatory impact assessment

Sectors and groups affected

At this stage we anticipate that the sectors and groups affected by the establishment of the NCS and related provisions are:

• Local Government, including Scotland Excel. The nature of the impact on Local Government from the establishment of the NCS will depend on the details of the transfer of functions for social care to Scottish Ministers;
• Health boards – the Bill creates the potential for new governance arrangements for delivery of community health and mental health services;
• Third and private sector social care, carer support and social work providers – the Bill sets out principles for the delivery of care through the NCS and enables the development of ethical commissioning and procurement which would change the framework within which care and support providers and advocacy organisations operate. Care and support providers and advocacy organisations will also be affected by the provisions on Anne's Law and the right to breaks from caring;
• Regulators – Scottish Social Services Council, the Care Inspectorate, Healthcare Improvement Scotland, Mental Welfare Commission – the Bill sets out principles for the delivery of care through the NCS which will change the framework for scrutiny and regulation; and
• Higher Education Institutions may become involved in undertaking research and analysis, for example, for a National Social Work Agency.

We anticipate that the following people and sectors will ultimately benefit from the Bill, subject to the details of the way the NCS is established and will work:

• People, including children and families, who access care and support;
• Their family, friends and unpaid carers, some of whom will themselves be accessing carer support;
• The social care and social work workforce who will benefit from a National Social Work Agency and strengthening Fair Work in social care;
• Strategic planning, commissioning and procurement professionals who will benefit from national level support and training; and
• Care providers – may benefit from clearer national level expectations about the principles and standards for care being provided.

Right to breaks from caring

The key sectors impacted by the introduction of a right to breaks from caring are:

• Local Government (cost of commissioning additional services and replacement care, until these responsibilities transfer to the NCS); and
• Third and private sector social care providers (National and local commissioning to adapt and increase short breaks provision).

People/sectors who will benefit from the introduction of a right to breaks from caring are:

• People who access care and support (Improved access to short breaks will promote independence from family/carers and help sustain caring relationships.)
• Their family, friends and unpaid carers (Improved access to short breaks will help enable carers to look after their own health and wellbeing and have a life alongside caring, such as maintaining and developing other relationships or accessing education or employment.)
• Care providers (There will be opportunities to expand and increase short break provision.)
• Increased funding to carer centres (Increasing their capacity to support easy access short breaks for carers.)
• NHS, Local Authorities and Integration Authorities (Sustaining caring relationships will reduce costs which would otherwise arise through unplanned hospital admissions, failed hospital discharge and additional residential care when caring relationships break down.) and
• Wider Scottish economy (Protecting carer health and wellbeing should also lead to wider benefits by enabling more carers to remain economically active, reducing the gender pay gap and social security costs.)

Anne's Law

The Anne's Law provisions will apply to adult care homes registered with the Care Inspectorate. They will benefit people living in care homes as well as their families and friends.

Care Inspectorate – Enforcement and related powers

The proposed changes to the Care Inspectorate's enforcement powers aim to impact positively on people who use social care services. The powers will help to ensure that the regulator is able to take swifter and more effective action when issues are identified and ensure that a high standard of care is provided across Scotland.