Health, Social Care and Sport Committee [Draft]

Meeting date: Tuesday, April 30, 2024

Official Report 596KB pdf

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Subordinate Legislation

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Registration of Social Workers and Social Service Workers in Care Services (Scotland) Amendment Regulations 2024 [Draft]

The next item on our agenda is consideration of an affirmative instrument. The purpose of the instrument is to amend the Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 to reduce the period of time that workers have to apply for registration with the Scottish Social Services Council, with the requirement now being that they do so within three months of starting a new role. The policy note states that the objective is to encourage social workers and social service workers to apply for registration sooner after starting work, which will allow the assessment of an applicant’s fitness to practise at an earlier stage, providing greater public protection.

The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 19 March 2024 and made no recommendations in relation to the instrument.

We will have an evidence session with the Minister for Children, Young People and Keeping the Promise and supporting officials on the instrument. Once we have had all our questions answered, we will proceed to a formal debate on the motion.

I welcome to the committee Natalie Don, Minister for Children, Young People and Keeping the Promise; Rona Carson, who is a lawyer from the Scottish Government legal directorate; and Jamie McIntyre, who is team lead for the Scottish Social Services Council sponsorship team in the Scottish Government. I invite the minister to make a brief opening statement.

Thank you very much, convener and committee members, for inviting me to speak to the draft Registration of Social Workers and Social Service Workers in Care Services (Scotland) Amendment Regulations 2024.

The regulations are relatively straightforward in that they amend the timescale in which an individual must apply for registration to the Scottish Social Services Council. This Scottish statutory instrument plays an essential part in the Scottish Social Services Council’s future-proofing programme suite of work, which seeks to modernise and simplify registration to ensure that the service that is provided is fit for future need and that public protection is always at the forefront.

Existing legislation currently requires all individuals who must be registered with the Scottish Social Services Council to apply for registration “as soon as reasonably practicable after starting work”, with a six-month timescale for registration to be complete. Although the six-month timescale to fully gain registration will still be in place, the draft SSI seeks to amend the timescale for applying for registration to three months. That change will set a much clearer expectation for workers.

When the future-proofing programme was developed, it was identified that individuals who are required to register as part of taking on a role in care often left it very close to the deadline to apply for registration, which could impact their continued employment if it was not completed in time. The amendment will bring greater clarity on what is expected and will encourage people to apply for their registration sooner.

The change will reduce the overall timescale and the gap between an individual starting employment and their fitness to practice being assessed and it will lead to greater public protection by deeming whether an individual meets the standards of character, conduct and competence that are necessary for them to do their job safely and effectively in line with the Scottish Social Services Council’s codes of practice.

The SSSC carried out a consultation on its future-proofing programme, which ran between December 2021 and March 2022. The consultation received more than 6,500 responses, of which 91 per cent were from registrants. In relation to the proposals that I have brought before the committee today, 78 per cent of about 3,000 responses agreed that three months after starting their role was an appropriate timescale in which to require workers to apply for registration and 75 per cent agreed that that would make it easier for employers to comply with requirements.

The Scottish Government then carried out a consultation late in 2023, which concluded in January 2024, focusing on three imminent aspects of the future-proofing programme. The change to registration timescales was one aspect and 77 per cent of respondents to the consultation, including 10 key stakeholder groups, agreed with the proposed amendment of the registration timescales.

Although the majority of respondents were supportive, some concerns were raised. The key issues were the potential burden on SSSC staff during the transition phase; that three months are too short a timescale for new workers; and how the change would interact with the standard six-month probationary period to which workers are subject.

In light of those concerns, further investigation was carried out. Accordingly, staff at the SSSC will receive appropriate training on implementing the changes ahead of their going live, and new and probationary workers will receive support from their employer to gain registration, with the obligation continuing to fall on the employer to ensure that the timeframe is met.

Guidance and information are currently being sent directly to employers to make them aware of the changes. The SSSC is hosting online events for employers and workers, up to and after the launch of the legislation and the new changes on 3 June 2024.

The SSSC has also published full details on its website of all the changes that are being made as part of the future-proofing programme, including an employer’s toolkit. That includes information on the three-month deadline, and states that anyone starting a role from 3 June 2024 will be subject to the three-month registration period.

Ensuring that the law is clear on by when an individual should be registered creates a driver for employers and workers to meet the mandatory timescale. Clarifying the timescale for applying for registration lessens any potential risks to those receiving services, who include some of our most vulnerable citizens.

The legislation before the committee is an essential part of a process that is designed to ensure that public safety is at the heart of social services in Scotland. I hope that members will support the instrument.

Minister, I have a question about the three-month deadline. You said in your opening statement that there is concern that registrants are leaving registration until almost the six-month deadline and that that is one of the reasons for the proposed change. What measures have been put in place to ensure that people who are going into new employment from 3 June know that there is a three-month deadline and that they do not wait until two and a half months into their employment before making an application?

We would hope—we are sure—that employers will support their employees with that. As I said in my opening statement, SSSC published a page on its website in March that details all the changes to registration as part of its future-proofing programme. That includes information on the three-month registration deadline, which states that anyone starting from 3 June will be subject to that period. SSSC is also sending information directly to employers, so that they are aware of the changes. It is holding a series of online events for employers and workers to ensure that any questions are answered and that nothing is left unturned.

Will there be any leeway for registrants who start on 3 June if they go beyond that three-month deadline? What is the contingency for that?

There would be support. I will ask officials to come in with some of the detail on that.

SSSC has guaranteed that it will put support in place. That would start with dialogue, so I do not think that a punitive approach would be taken immediately. It is accepted that this is a change in the process, so there would be continued work. The feeling is that the change has been very well communicated, that there is good awareness of it and that there is a lot of positivity out there. The expectation is that only a very small proportion of people might fall into that group.

As you are talking about communicating to employers and employees, I would be interested to know whether you are monitoring or tracking people who might not be engaging. Will that be followed up with those people?

Yes.

Okay. That was an easy answer.

Yes.

As I have had no indication that anyone else has a question, I thank the minister for her evidence.

Agenda item 4 is the formal debate on the instrument. I remind the committee that officials may not speak in the debate. I ask the minister to speak to and move motion S6M-12990.

I have nothing further to add, thank you.

Motion moved,

That the Health, Social Care and Sport Committee recommends that the Registration of Social Workers and Social Service Workers in Care Services (Scotland) Amendment Regulations 2024 [draft] be approved.—[Natalie Don]

Motion agreed to.

That concludes the public part of our meeting today.

09:56 Meeting continued in private until 10:56.