National Care Standards Review

3. How should National Care Standards be written?

People gave us a range of views about how standards should be written.

Many people said it was important to strike a balance between the need to use language that is simple and easy to understand with the need to express standards in a way that makes it clear when a service provider has breached a standard. People also noted the need to strike the right balance between being simple and being detailed enough to reflect the range of settings and circumstances in which they apply.

Some people felt that the Standards of Care for Dementia in Scotland and the Scottish Human Rights Commission's Care about Rights? framework provided useful models of how principles can be written in a way that applies across a wide range of service settings. Other people felt that GIRFEC principles and indicators could be adapted and written in a way that applies across all age groups.

Most people thought that the principles in the current care standards - dignity, privacy, choice, safety, realising potential, and equality and diversity - should still be reflected in the new National Care Standards. We think these principles should be included in the new overarching quality standards.

Some people thought that standards should set out what services should provide, while others suggested that standards should set out the rights and entitlements of people using services.

We think it is possible to combine these suggestions and have a clear overall statement of standards which includes both appropriately worded explanations of the rights of people using services and the responsibilities of service providers to deliver high quality care. An example of how this could be set out as follows:

Example of how overarching standards could set out rights and entitlements of people using services and the responsibilities of service providers.

Rights, entitlements and responsibilities will take into account the capacity, age and legal status of children and adults using services.

As a person who uses services I have the following rights (these are examples only):

Participation

I have the right to take part in decisions which affect me, to have and be supported to exercise choice in relation to the care I receive.

Accountability

Those that provide care services will be monitored and accountable for upholding my rights - including through accessible and effective complaints processes - and ensuring that services are of the highest quality.

Non-discrimination and Equality

I will not be discriminated against on any grounds such as age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation, or any other status (such as health status).

Empowerment

I have the right to know what my rights are and how I can make them effective.

Legality

All of my human rights must be respected, protected and fulfilled when I use care services. These include my right to be treated with respect, my right to dignity, my right for my privacy to be protected and my right to independent living.

As a service provider we have the following responsibilities (these are examples only):

Participation

We will ensure everyone has the support and information they need to make informed choices and decisions about their support/care. We will meaningfully involve people in decisions that affect them.

Accountability

We will develop effective management, monitoring and complaints processes which are adequate to ensure that the rights of those who use our services are upheld in practice. We will ensure adequate training, support and conditions of employment for our staff to enable them to uphold the rights of those who use our services.

Non-discrimination and Equality

We will not discriminate against anyone on any grounds such as age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation, or any other status (such as health status).

Empowerment

We will take steps to increase awareness of rights and of how they can be upheld.

Legality

We will respect all human rights. These include the right to be treated with respect, dignity, privacy, independent living.

Question 3

a. What are your views on how standards should be written?

b. What are your views on the example of how the rights and entitlements of people using services and the responsibilities of service providers could be set out?