National Care Service: questions and answers - engagement sessions

National Care Service and Bill development

What is the purpose of the Bill and why does it not go into much detail?

• The purpose of the National Care Service (Scotland) Bill is to improve the quality and consistency of social services in Scotland.
• The Independent Review of Adult Social Care recommended the creation of a National Care Service, with Scottish Ministers being accountable for adult social care support.
• 72% of respondents who responded to the National Care Service consultation agreed that ministers should be accountable for the delivery of social care, through a National Care Service.
• It is essential that reforms to social care support, social work and community health services be developed with the people who access that support, including unpaid carers, and with those who provide it. The Scottish Government is committed to engaging with people with experience to co-design the detail of the new system, to finalise new structures and approaches to minimise the historic gap between legislative intent and delivery.
• For that reason the Bill creates a framework for the National Care Service, but leaves space for more decisions to be made at later stages through co-design with those who have lived experience of the social care system, and flexibility for the service to develop and evolve over time.
• Some of those future decisions will be implemented through secondary legislation, others will be for policy and practice. Where those decisions are implemented through secondary legislation (under this Bill or through pre-existing powers), financial and regulatory impact assessments will be provided. The Parliament will, therefore, have further opportunities to examine the implications of the Scottish Government's proposed reforms to the social care system.
• However, The Scottish Government is aware that we cannot wait for the National Care Service to start tackling issues in social care, which is why the National Care Service (Scotland) Bill was introduced to Parliament on Monday 20 June. We are taking steps now to improve the outcomes for people accessing care and support.
• The National Care Service will be separate to the National Health Service.

What about the role of the Independent Living Fund (ILF) in the National Care Service?

• The on-going legislative basis for ILF activity is Section 1A of the NHS Scotland Act 1978 and therefore it is not covered under the National Care Service Bill.

Will food issues with regard to health be considered in the National Care Service going forward?

• Cross-Scottish Government work is being undertaken, and a cross programme group has been set up. Other issues such as The Promise, will be linked in.
• The National Care Service (Scotland) Bill is high level, and does not mention detailed things like food, but there will be detailed provision in regulations.
• In addition, the Good Food Nation (Scotland) Act 2022 requires Scottish Ministers to produce a national good food nation plan.
• The Act stipulates that, among other things, this plan must have regard to the scope for food-related issues to affect outcomes in relation to health and physical and mental wellbeing (including in particular through the provision of health and social care services). This provides a clear opportunity to ensure that links between food and social care are properly considered.

How do directions and regulations work, and what is the difference between them?

• The Bill proposes to give ministers powers to make regulations or give directions on various issues. Ministers can only make regulations or give directions within the limits of what Parliament has agreed in an Act (a Bill is a draft Act). Parliament has to approve (or reject) regulations, but it can't amend them. Directions don't have to go through Parliament. They can be given to all bodies or just some.
• Co-design work will develop the policy of what should be in the regulations and directions over the next year or so. Once the Bill is passed we will set out a timetable for bringing regulations to Parliament.

There are people in Scotland that don't have a legal right to be there meaning they can't access social care services, would a National Care Service be available for people who don't have a right to remain?

• People with No Recourse to Public Funds (NRPF) can access social services. It is a common misunderstanding that people with NRPF status are restricted from accessing all public funds and services, as the UK Government's NRPF policy restricts access only to some public funds under immigration rules.
• Further information about our approach to supporting people who are subject to NRPF to access support and services can be found in the Ending Destitution Together strategy, jointly published by Scottish Government and COSLA in March 2021.
• In addition, good practice for social workers or other practitioners relating to the rights of migrant adults and children can also be found online.