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National Care Service Proposals

North Lanarkshire Council · 16 February 2023
Back to Audit and Scrutiny Panel — 16 February 2023 and its agenda

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North Lanarkshire Council
Report 
Does this report require to be approved? ☐ Yes  ☒ No
Ref AG/MF Date 16/02/23 
From Alison Gordon, Chief Social Work Officer 
E-mail gordonal@northlan.gov.uk Telephone 01698 332001 
Executive Summary
To support the Council in mitigating risks and uncertainty, the Council operates risk
management arrangements which identify, evaluate, manage, and control a range of key
corporate risks. All risks identified and agreed as meriting inclusion in the corporate risk
register are subject to regular monitoring and review by relevant senior management and
periodic review/consideration of individual risks by both the CMT and the Audit and Scrutiny
Panel (ASP) in line with the Council’s Risk Management Strategy and their respective
governance roles. 
This report focuses on a new risk within the Council’s Corporate Risk Register relating to
proposals for a National Care Service as set out within the National Care Service (Scotland) Bill
introduced to the Scottish Parliament on the 21st June 2022. 
The report provides an overview of the current risk environment as set out and assessed within
the draft Deep Dive document attached at Appendix 1. Members should note that this
document is in development with further work required to full analyse risk impacts and to reflect
and develop mitigating actions and controls which may be exercised by the Council. This will
form part of the agenda for the newly established NCS Member Officer Group. The level of
uncertainty with respect both to the Bill process and lack of detail within the legislation, which is
presented as a framework Bill, alongside the scale and complexity of the reorganisation likely
to arise from the proposals, is reflected in an indicative inherent and residual risk scoring of 25. 
Recommendations
The Panel is asked to consider the contents of the report and to: 
(1) Note the draft deep-dive document (at Appendix 1) and indicative risk scoring which
reflects both the very high level of uncertainty and potentially high and wide-ranging
impacts for the council associated with this risk.
(2) Note that this risk documentation remains in development and will be regularly reviewed
in keeping with both the high indicative scoring and the fluid risk environment.
(3) Note that core structures for the management and mitigation of this risk have been
enhanced through the establishment of the NCS Member Officer Group which will meet for
the first time in February 2023.
Audit and Scrutiny Panel
National Care Service Proposals

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The Plan for North Lanarkshire
Priority All priorities
Ambition statement All ambition statements
1. Background 
1.1 CMT has previously approved the corporate risk register for 2022-23. 
1.2 The definition of a corporate risk is ‘those risks which can impact the Council in
achieving its priorities and stated objectives or are more strategic in nature and require
corporate oversight. For example, such risks may have the potential to impact many
Services, and/or can impact significantly on the Council in terms of financial costs and
reputational damage. The Corporate Risk Register will reflect an amalgamated position
of Service-level risks and may also include significant Service-level risks which have
been escalated for attention at a strategic level.’ 
1.3 Risks contained within the register are subject to ongoing monitoring and review
throughout the year, with regular risk reporting to CMT and Audit & Scrutiny Panel both
on the overall register, and with detail on individual risks being reported by relevant Risk
Leads. 
2. Report 
2.1 ‘Proposals for the National Care Service’ is a new risk incorporated within the Corporate
Risk Register for 2022/23. 
2.2 The Council response to the consultation on proposals was approved by Policy and
Strategy Committee in October 2021. Similarly, the Council also submitted a response
to the Call for Views on the published Bill, with this approved by the Policy and Strategy
Committee in September 2022. 
2.3 The legislation supporting the establishment of a National Care Service (NCS) was
introduced to the Scottish Parliament on the 21st June 2022 with a view to facilitating
large scale structural reform and to address the recommendations of the Independent
Review of Adult Social Care (the Feeley Review) which reported in February 2021. The
Bill sets out provisions which would enable the transfer of responsibility for social work
and social care functions from local authorities to local care boards reporting to Scottish
Ministers, alongside this allowing for the transfer of staff, property and financial resource
from local authorities to the NCS. The Bill is essentially a ‘framework’ Bill, and it is
proposed that much of the detail of the new NCS will be developed within a process of
‘co-design’ and effectively shaped by secondary legislation/regulation. There is an
ambitious timescale to establish the NCS by the end of this parliamentary term. Whilst
not in scope of the Independent Review of Adult Social Care, the Bill allows for the
incorporation of Justice and Children and Family Social Work Services within the NCS
however further to the initial NCS consultation planned ‘evidence reviews’ and further
public consultation will take place on this. These processes will run in parallel with other
preparatory work and the parliamentary process with the Scottish Government due to
decide on the position of Children’s and Justice Services in early 2024. In the interim
four parliamentary committees have heard evidence at Stage 1 of the Bill process, with
the Finance Committee first to publish its report in December 2022. This raised
concerns on the adequacy of the accompanying financial memorandum and impact on
scrutiny of the reliance on secondary legislation.

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2.4 Initial scoping by council officers has identified that depending on the employment
model ultimately adopted up to 2,395 staff currently employed by the council could be
transferred via TUPE to the new NCS/local care board should all social work services
and associated support functions be incorporated.  Similarly, it is estimated that
approximately 24% of the council’s revenue budget could transfer to the new
organisation. 
2.5 Proposals for the NCS equate to the most significant public sector reform within
Scotland in many years. In this context the draft Deep Dive has identified three principal
categories of risk: 
• Risks arising from implementation processes.
• Risks which impact on operations on an ongoing basis.
• Risks which have strategic impact.
2.6 Risks arising from implementation processes: These include organisational change
capacity and the quality of planning being stretched both by the complexities and
uncertainties within the process and the impact on workforce planning at a time when
there are significant existing workforce pressures. Potential centralisation of functions
may also cut across existing contracts and supplier relationships due to continue
beyond the proposed implementation timescale. In addition there is no certainty around
change management liabilities associated with any staff transfer and any resultant
redundancy issues. 
2.7 Risks which impact on operations on an ongoing basis: These include ongoing
impact associated with potential disruption in improvement activity arising from the
change process as well as loss of co-ordination in planning and dilution of joint-working
arrangements between teams and services transferred to the NCS and wider council
services. This may impact across a range of areas but in particular on the current
integrated operational model which has been developed within Education and Families.
Other risks operationally included the loss of economies of scale within areas including
support services as well as loss of local focus or coherence in community engagement
within the new organisation impacting on the service provided to individuals and
communities. There also remain uncertainties around how specific statutory functions
will be exercised within new arrangements including with the respect to the impact on
the council’s overarching responsibilities for public protection, the employment of MHOs
and the role currently undertaken by the Chief Social Work Officer and whether there will
be a loss of the checks and balances within the current system. 
2.8 Risks which have strategic impact: In addition to the areas outlined above there are
risks to the delivery of the Plan for North Lanarkshire and its associated ambitions
through both through the governance changes associated with the proposals and their
potential impact on the co- ordination of local planning and existing partnership
structures. 
2.9 In view of the level of uncertainty which remains around the NCS proposals and their
significance not only for services and functions which may transfer but to wider council
operations the Corporate Management Team has recognised the need for a range of
Chief Officers to support planning in this area. In late September 2022 Policy and
Strategy Committee also approved the establishment of a Member Officer Group to
guide future engagement with the Bill process and to support future planning with
respect to the NCS. This group will meet for the first time in early February 2023. This
will support the ongoing risk management and review of this risk in line with the
Corporate Risk Strategy with future reporting to Audit and Scrutiny Panel at agreed
intervals.

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3. Measures of success 
3.1 CMT and ASP are content with, and have an appropriate understanding of, the key risks
facing the Council and how these are being managed. 
3.2 The corporate risk management team will continue to report quarterly to CMT and the
ASP providing an overview of key developments in risk management and updating on
progress in respect of planned improvements to the Council’s risk management
arrangements. 
3.3 The adequacy and effectiveness of the Council’s risk management arrangements will be
independently and regularly reviewed by Internal Audit, who will report directly on the
results of that work to the ASP. 
3.4 Effective risk management arrangements assist the Council in achieving planned
outcomes and/or help the Council mitigate the impacts of adverse events. 
4. Supporting documentation 
4.1 Appendix 1 – Deep Dive Report - Proposal to Create a National Care Service. 
Alison Gordon
Chief Social Work Officer

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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments
Yes ☐ No ☐
5.2 Financial impact
Does the report contain any financial impacts?
Yes ☐ No ☒
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact?
5.3 HR policy impact
Does the report contain any HR policy or procedure impacts?
Yes ☐ No ☒
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact?
5.4 Legal impact
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)?
Yes ☐ No ☒
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact?
5.5 Data protection impact
Does the report / project / practice contain or involve the processing of personal
data?
Yes ☐ No ☒
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject?
Yes ☐ No ☐
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk
Yes ☐ No ☐
5.6   Technology / Digital impact
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi?
Yes   ☐ No ☒
If Yes, please provide a brief summary of the impact?

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Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)?
Yes ☐ No ☒
5.7 Environmental / Carbon impact
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact?
5.8 Communications impact
Does the report contain any information that has an impact on the council’s
communications activities?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact?
5.9 Risk impact
Is there a risk impact?
Yes ☒ No ☐
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
Included in the corporate risk register.
Effective risk management arrangements including the identification, assessment,
management and oversight of relevant risks will increase the likelihood of the
Council achieving its ambitions and plans by more effectively mitigating potential
threats to planned outcomes. It also contributes to effective management of risks
relating to all service and operational areas
5.10 Armed Forces Covenant Duty
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)?
Yes ☐ No ☒
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services.

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Jan 13, 2023, 3:28 PM 
Appendix 1 
Deep Dive Report RIS0000604 Risk Title Proposals to create a National Care Service Owner Alison Gordon
Risk Context
The National Care Service (Scotland) Bill sets out provisions to enable Ministers to transfer certain social care and social work functions
from local authorities to a national service. The Bill provides wide-ranging powers to Scottish Ministers for the transfer of local authority
social work and social care functions, budgets, staff, property and liabilities to the National Care Service accountable directly to Scottish
Ministers or via care boards. 
The Bill also includes the power to transfer Children’s and Justice Services to a National Care Service through further regulation, but this will
be the subject of further public consultation, stakeholder engagement and evidence review prior to a final decision on this being made. 
Currently, there remains considerable uncertainty over how this policy will be progressed. Neither the Bill nor the accompanying documents
currently provide significant detail on the move from the current arrangements to the proposed operating model (including the proposed Care
Boards). It is not yet known which employer model will be chosen for staff in scope for NCS. If NCS is the employer, then staff will be
expected to TUPE across with the potential transfer of 2,395 FTE Council staff and over £272 million of revenue funding. If a commissioning
model is chosen (where the Council remains the employer) then NCS is likely to become responsible for procuring services, training,
standards and workforce planning. 
In budgetary terms, the transfer of the functions (if including Children’s and Justice Services) would account for approximately 24% of the
Council’s current revenue budget. 
The detailed work and timing associated with any Programme of Work requiring to be progressed by the Council to facilitate the
implementation of the National Care Service proposals remains unclear but is likely to be significant and require considerable lead time and
efforts to ensure a seamless and stable transition and to ensure no detrimental impacts on service users and service delivery. Work is also
required to clarify and document the likely wider impacts on the Council of the NCS proposals including planned actions which may now be
not required and/or may require to be paused or rescheduled due to the creation of the NCS. 
The impact of transfer on the council’s short and medium-term financial plans and financial strategy will also require to be worked through,
although to date the processes to be used for identifying and agreeing budgets in scope for transfer remains uncertain. 
The Council will continue to work, through COSLA, to engage with the Scottish Government to obtain more detail of what the NCS proposals
mean for local authorities to understand potential impacts and their likely timing more fully. 
Risk Description
There is a risk that the introduction of a National Care Service will have multiple detrimental impacts on service users, staff, service delivery
and the Council. As proposals for the National Care Service are still evolving there is currently a high level of ambiguity and uncertainty over
much of the detail creating difficulty in being able to precisely identify the resulting risks. As such, this initial risk assessment must be
considered as being volatile and can be expected to change substantially as more details of the proposals are advised. These risks can be
categorised as follows:
Organisation Structure
North Lanarkshire
Corporate

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Jan 13, 2023, 3:28 PM 
a) Risks arising from implementation processes
• Lack of clarity, ambiguity in proposals and complex issues not addressed with continual changes resulting in
increased effort and additional unplanned resources required;
• Organisational capacity likely to be stretched across implementation activity at a time when Services are already dealing with
significant demands including staffing and financial pressures and the ongoing impacts from the pandemic and cost of living
crisis
• Potentially very short time to implement resulting in increased risks around poor planning/project management arrangements;
• Increased uncertainty may exacerbate existing workforce planning challenges;
• Unclear if NCS/CHSCB financial information will be managed centrally or locally and via which management information
systems. There are significant information governance risks, including increased risks of possible data breaches, associated
with significant volumes of sensitive data being transferred to a new external agency e.g., transfer and storage of sensitive
MAPPA data. Any such breaches could have serious physical safety and other consequences on those whose data is
released and there is the possible of high level of fines and restrictions by the regulator.
• Although there remains considerable uncertainty, there is an indication that the NCS will look to centralise supplier
relationships; the Council currently has several contracts with external partners and providers which are scheduled to run
several years into the future but there is a lack of clarity on who would be responsible for potential penalty or break clauses
should contracts be terminated early and the value of break clauses;
• Previous national re-structures have resulted in voluntary or compulsory redundancies for incumbent staff. If this scenario is
repeated with the creation of the NCS/CHSCB it is unclear who will be responsible for meeting these redundancy costs as
well as any ongoing pension costs.
b) Risks which impact operations on an ongoing basis
• Reduced co-ordination between teams/functions transferred out of the Council and those remaining within the Council
where current service delivery or activity involves staff from both transferred and retained teams;
• Loss of inter-connected working between NCS and Council services that impact on the wider health and wellbeing agenda
(i.e., housing, employability support, education etc.) which are not included in NCS plans;
• Some of the budget of central overhead functions, e.g. Finance, Payroll, Business Solutions and People and Organisational
Development will likely transfer to NCS but the remaining costs will require to split across fewer/smaller services resulting in
loss of economies of scale. A further resultant issue is whether remaining central functions? services are cost-effective or
require to be reviewed and/or delivered in a different manner. This could create additional projects/workloads;
• A range of support services e.g., fleet, transport, catering and cleaning currently support the delivery of functions to be
transferred to the NCS but have, to date, not been considered in NCS planning. Potential impacts include financial risks to the
Council and potential disruption in support services impacting on end users of NCS;
• Reduction in resources available to deliver on wider community engagement activities including those associated with the
Community Empowerment Act and the legislative framework for local improvements;
• Reduced budgets and reduced flexibility in the use of budgets;
• Lack of clarity in which organisation crucial role of Mental Health Officer will be based;
• Complaint handling transferred to NCS risks adding an additional layer of bureaucracy with complaints taking longer to resolve
as will any resulting improvements and an overall detriment in service;

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Jan 13, 2023, 3:28 PM 
• A lack of clarity over roles and responsibilities and the ability of NLC to adhere with Chief Social Work Officer responsibilities if
Chief Social Work Officer post is within NCS;
• Lack of local focus may impact service users who are service users of both NCS and NLC and they could experience a
lower level or disjointed service;
• Different information systems for NLC and NCS creates difficulties and risks on sharing information and impacts on
identifying and delivering services to users;
• If Justice Social Work transferred, the proposed arrangements may be too large and centralised and unable to reflect local requirements;
• Unclear if enforcement powers would be with the regulator and whether they undertake inspections of care providers or will this
role will remain with council;
• If TUPE transfer is undertaken this will bring significant workload for remaining staff who are already stretched across a range
of activities and projects;
• The level of uncertainty created and the scale and timing of any proposed implementation will impact staff morale and
engagement at a time when all resources are needed to be working at full capacity to deliver services without any disruptions
and/or drop in standards;
• Transfers to this new team could further exacerbate problems in delivering essential services which remain with NLC 
c) Risks which have a strategic impact on NLC
• Likely to become more difficult or impossible to implement parts of the existing Plan for NL some of which will no longer be fit
for purpose and/or will require to be revisited;
• NCS plans and activities may not align with, or adequately support, the Council’s wider ambitions for NL;
• Remaining structures may no longer be fit for purpose and potential for substantial disruption especially of some
remaining E&F functions.;
• Increased risks around partnership working with a new body accountable to Scottish Ministers;
• Increased risks that resources are diverted from delivering existing national strategies and objectives. This includes ‘The
Promise’ that our public services will work for, and with children, young people, and their families;
• Greater difficulty in achieving objectives in relation to Community Empowerment Act and to Deliver for Communities and its
ability to deliver against the key ambitions and priorities outlined in the Plan for North Lanarkshire and associated
Programmes of Work;
• Governance of services provided to residents in North Lanarkshire could be centralised within NCS which may result in lack or
loss of local focus; and
• Human Rights and Equality Issues arise, new commitments do not progress. 
Corporate Priorities
• Improve the health and wellbeing of our communities

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Jan 13, 2023, 3:28 PM 
Inherent Assessment ASM0003133 Likelihood - 5 Impact - 5 High -
25
Likelihood Reason
There currently remains a high degree of uncertainty over much of the detail relating to the creation of a National Care Service. Without detailed planning, the proposals could result
in significant disruption to service users and service delivery, have detrimental impacts on staff and on the Council’s financial planning arrangements. There are also real risks
surrounding the impact of the proposals on the ability of the Council to progress key areas of The Plan for North Lanarkshire. The high degree of uncertainty means that the Council
cannot, at this stage, develop the necessary detailed plans or progress actions to mitigate many of the identified risks.
Impact Reason
The proposal to create a National Care Service presents considerable operational and strategic risks to the Council which if not properly addressed have the potential to significantly
impact on current and future service delivery arrangements, on staff and the Council’s financial sustainability and on the Council’s ability to deliver against a wide range of corporate
ambitions.
Residual Assessment ASM0003133 Likelihood - 5 Impact - 5 High -
25
Likelihood Reason
Residual Likelihood TBA. This is currently rationale and rating for Inherent. There currently remains a high degree of uncertainty over much of the detail relating to the creation of a
National Care Service. Without detailed planning, the proposals could result in significant disruption to service users and service delivery, have detrimental impacts on staff and on
the Council’s financial planning arrangements. There are also real risks surrounding the impact of the proposals on the ability of the Council to progress key areas of The Plan for
North Lanarkshire. The high degree of uncertainty means that the Council cannot, at this stage, develop the necessary detailed plans or progress actions to mitigate many of the
identified risks.
Impact Reason
Residual Rating TBA. This is currently rationale and rating for Inherent. The proposal to create a National Care Service presents considerable operational and strategic risks to the
Council which if not properly addressed have the potential to significantly impact on current and future service delivery arrangements, on staff and the Council’s financial sustainability
and on the Council’s ability to deliver against a wide range of corporate ambitions.