By Bill Heaney

Plans to transform the way social care is delivered are being progressed as part of the Scottish Government’s commitment to improve the experience of everyone who accesses social care, social work and community health services.

Ahead of Stage 2 proceedings of the National Care Service Bill later this month, a number of amendments have been lodged, all of which are subject to Parliament’s agreement.

As the National Care Service will now be established through both legislative and non-legislative means, with reform of social care at the centre it is proposed the Bill will be known as the “Care Reform (Scotland) Bill”.

If agreed by Parliament, as amended, the Bill will also bring forward significant reforms to social care, including:

• Anne’s Law being enshrined into legislation to uphold the rights of people living in adult care homes to see loved ones and identify an essential care supporter
• ensuring all those working in or supplying services to the health and social care sector follow the same information standards allowing easier communication
• the creation of a National Chief Social Work Advisor post, in statute, to bring strategic leadership at a national level.

The Bill will also retain measures to establish a legal right to breaks for unpaid carers. Ahead of the legislation, the Scottish Government has identified an additional £5 million in the draft 2025-26 Budget to support 15,000 carers to take short breaks from their caring responsibilities.

Social Care Minister Maree Todd and Labour Scottish health spokesperson Jackie Baillie.

Ministers announced in January that legislation to set up a new public body to oversee national improvements would no longer go ahead. However, work to establish a National Care Service Advisory Board is progressing and it is due to meet for the first time in March.

Social Care Minister Maree Todd said:  ”Social care has the power to transform people lives, that is why it is so important that those accessing services receive the highest quality care, delivered consistently across Scotland.

“The amendments lodged in Parliament offer us the best opportunity to urgently get to work to reform the system and have a transformative impact on people’s lives.

“Positive progress is being made on establishing an advisory board that puts people with experience of the social care system at the heart of it, helping deliver the changes we all want to see.”

Commenting on today’s Scottish Care report, which found that nearly half of care homes reported a decrease in placements, Scottish Labour’s Health and Social Care spokesperson Jackie Baillie said: “The fall in care placements should be a wake-up call to the SNP government that the social care crisis is getting worse. 

“Not only does this cause distress for those who need care packages, it does nothing to reduce delayed discharge that is in turn causing queues at hospital front doors.” 

Background

• An essential care supporter is someone, for example close relatives or friends, who plays a vital role in providing their loved ones with regular care and support alongside staff. This includes companionship, personal support and advocacy.
• Additional funding for Short Breaks Fund – gov.scot
• Scottish Government Stage 2 amendments
• National Care Service factsheet

A dedicated advisory board, support for unpaid carers and enshrining care home residents’ rights to see loved ones are at the heart of revised plans for the National Care Service.

Social Care Minister Maree Todd outlined the next steps for reform to Parliament after plans to progress the National Care Service Bill were paused for further consideration in November 2024.

A new non-statutory advisory board – comprising of people with lived experience of accessing care, social care workers, care providers, trade unions, the NHS and local government – will be established to provide guidance and drive improvement within the sector. It is expected to meet for the first time in the spring.

The introduction of Anne’s Law, which upholds the rights of residents in care homes to be visited by families or friends, will remain in the legislation to reform social care, alongside a right to breaks for unpaid carers.

The Scottish Government Bill will also improve information-sharing across health settings and the ability for individuals to access and manage information about their care, while progressing plans for a national social work partnership.

Ms Todd said:  “We want to deliver a National Care Service that improves the experience of everyone who relies on social care, social work and community health in Scotland.

“Change is urgently needed to reform the social care sector in Scotland but it has to be meaningful and sustainable change. That’s why we paused the Bill for further consideration, to fully capture the views expressed by all stakeholders, members of the public and the Parliament.

“The advisory board will include people with lived experience of social care, ensuring it has those who access services at its heart. It will allow us to drive forward vital reform more quickly than our original proposals.

“The Bill gives adult care home residents a legal right to see their loved ones with the implementation of Anne’s Law and recognises the significant contribution of unpaid carers to Scotland’s communities by introducing a right to breaks.

“There will be enhanced information-sharing to improve the coordination of individuals’ care, and we will work in partnership with the sector to bring forward reform that future-proofs the social work service in Scotland.

• You can find more information about the proposed changes to the National Care Service here.

• The draft budget includes an additional £5 million of funding to supplement £8 million already provided for voluntary short breaks. This will allow 15,000 more carers to take short breaks from their caring responsibilities.
• Public backing for Anne’s Law – gov.scot

“People need sustainable change to social care and these actions will allow that to happen as quickly as possible.”