Deputy First Minister and C~~inet Secretary for Health, Wellbeing and Cities Strategy

Nicola Sturgeon MSP

T:0845 7741741

E: scottish.ministers@scotland.gsl.gov.uk

The Scottish Government

Ms Kezia Dugdale MSP The Scottish Parliament EDINBURGH EH991SP

Our ref: 2011/1007090 July 2011

Dear Kezia

Thank you for your letter of 6 June 2011 about the serious and tragic events at the Elsie Inglis Nursing Home in Edinburgh. You will be aware that these are the subject of an ongoing police investigation and it would therefore be inappropriate for me to comment on them. I have provided some more general information below which provides reassurance about the scrutiny of care homes and our commitment to ensuring vulnerable people are protected. The Scottish Government expects the highest standards of care by all who are providing services in Scotland. It is therefore essential that we have a robust regulatory system and national standards that apply to all care services. It is also vital that we have a confident, competent and valued workforce to meet the care needs of vulnerable people in care homes. A range of measures are therefore already in place or are being progressed. The National Care Standards, developed by the Scottish Government, are written to provide people who use care services with information on what they can expect to receive from their provider. Social Care and Social Work Improvement Scotland (SCSWIS) must take the Standards into account in all its regulatory work. The Standards require care homes to have staff whose training and expertise allows them to meet the needs of residents. There is also a statutory requirement on care service providers to ensure that persons they employ receive training that is appropriate for the work they are to perform. Care services are required at registration with SCSWIS to set out the aims and objectives of the service. SCSWIS would expect providers to deliver training for staff which meets the services aims and objectives. Each service must develop its own training plan based on the individually assessed needs of people receiving the service in order to give staff the necessary skills to deliver good quality care.
St Andrew's House, Regent Road, Edinburgh EH1 30G www.scotland.gov.uk

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The Scottish Social Services Council (SSSC) is the workforce regulatory body. It has responsibility for maintaining the register of staff and set the qualifications for care services for adults. You may wish to contact SSSC at www.sssc.uk.com to request a copy of the qualification requirements which outlines the different qualifications for each role in a care home for adults. The Public Services Reform (Scotland) Act 2010 requires SCSWIS inspections to be carried out in a way that is transparent, accountable, proportionate, consistent and in line with best regulatory practice. This Act also requires Ministers to approve SCSWIS Inspection Plan and any subsequent revision. The current inspection regime, operated by SCSWIS since 1 April 2011, moves away from periodical and cyclical inspections which applied under the previous regulatory system. SCSWIS will take a proportionate, risk and evidence-based approach to scrutiny allowing it to focus on poorer performing services. SCSWIS plans inspections based on the risk assessment of each individual service type and even through a service has good grades it may be that due to the type of service and users they apply a risk rating of medium to high, which results in more inspections throughout the year. SCSWIS maya/so increase the frequency and intensity of inspections based on risk assessment where they receive intelligence from a range of sources such as health boards, police, local authorities, other regulators as well as notifications of variation by the services. In addition to the inspections scheduled under its inspection plan SCSWIS undertakes random sampling on an unannounced basis of well performing services over the course of the year. Furthermore, complaints from service users, their representatives or carers may also trigger an inspection. If you would like further information about the inspection regime and how SCSWIS carries out its regulatory functions you can contact the interim chief executive, Mrs Jacquie Roberts SCSWIS Compass House 11 Riverside Drive Dundee DD14NY Tel: 0845 600 9527 E-mail: jacquie.roberts@scswis.com As regards SCSWIS's resources, I can assure you that safeguarding the health and welfare of vulnerable people in Scotland is paramount to the Scottish Government, which is why SCSWIS has maintained the required skill mix and experience in the appropriate locations to provide the necessary assurance as to the quality and standards of regulated care services. Finally, the Scottish Government has no locus in the tendering process of care homes, which is a matter for the local authorities (LAs). When carrying out their functions in relation to the provision of care services, including making arrangements for them to be provided by another person, LAs are required by the PSR Act to have regard to reports, information and notices produced by SCSWIS. You may be interested to know that the National Care Home Contract (NCHC) for publicly funded care home residents was set up by COSLA and Scottish Care, the representative body for the independent care home sector. The fees are negotiated annually and include additional payments linked to quality to help drive up standards. A target of 65% care staff qualified at SVQ 2 in care was set as one of the quality targets with an objective of working towards a fully registered, qualified workforce by 2015 as required by the Scottish Social Services Council (SSSC).

St Andrew's House, Regent Road, Edinburgh EHl 30G www.scotland.gov.uk

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I hope this is helpful.

NICOLA STURGEON

St Andrew's House, Regent Road, Edinburgh EHl 3DG www.scotland.gov.uk

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