Democracy Spraffa

National Care Service Bill – Response to Stage 2 consultation

Renfrewshire Council · 18 September 2024
Back to Leadership Board — 18 September 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

_____________________________________________________________________________________
To:  Leadership Board
On:  18 September 2024
_____________________________________________________________________________________
Report by: Chief Executive 
_____________________________________________________________________________________
Heading: National Care Service Bill – Response to Stage 2 consultation
_____________________________________________________________________________________
1. Summary 
1.1 This paper sets out the Council’s proposed response to a call for views launched by the Scottish
Parliament’s Health and Social Care Committee as part of Stage 2 of the National Care Service Bill
scrutiny process.  The deadline for the submission of responses is 20 September 2024. 
1.2 The Council’s proposed response has been drafted by officers, and has been informed by the
consultation responses of professional organisations such as COSLA, Directors of Finance, SOLAR,
Social Work Scotland etc. 
1.3 A summary of the consultation process is provided within this report, with the response itself
attached at Appendix 1.
_________________________________________________________________________________ 
2. Recommendations 
2.1 It is recommended that elected members: 
• Approve the consultation response which will be submitted to the Health and Social Care
Committee by the deadline of 20 September 2024 
______________________________________________________________________________________

Page 2

3. Background 
3.1 In June 2022, the National Care Service (Scotland) Bill was introduced to Parliament. At that time,
the Bill set out provisions to enable Ministers to transfer social care responsibility from local
authorities to local care boards and to establish a National Care Service, amongst many other
specific provisions.  In September 2022, Council approved a response to the Bill as part of stage 1 of
the parliamentary process at that time.   
3.2 In the intervening period local authorities through COSLA, have sought to influence the further
development of the Bill, and to advocate strongly against the transfer of accountability for these
services from local authorities.  In 2023 and following extensive discussions, a shared accountability
model for the proposed National Care Service was agreed between COSLA, the NHS and Scottish
Government, whereby local authorities would retain both the responsibility and the workforce
related to the delivery of social care and social work services.  It was agreed that a National Care
Service Board would be created as the delivery vehicle for this shared accountability. 
3.3 Following on from this agreement, Scottish Government proceeded within the parliamentary
process relating to the National Care Service Bill, and published amendments at Stage 2 on 24th
June 2024.  The Heath and Social Care Committee has launched a call for views as part of the
consultation process at this stage, with all responses due by 20 September 2024. 
3.4 Officers have prepared a draft response which could be submitted by Renfrewshire Council in
relation to the consultation which is attached as Appendix 1.  This has been informed by responses
prepared by COSLA and other professional organisations, and has been submitted as a written
response rather than adhering to the specific questions in consultation document, which do not
provide sufficient scope to respond with the detail required. 
4. Summary of proposed response 
4.1 Renfrewshire Council welcomes the opportunity to provide feedback on the National Care Service
Bill at Stage 2 of the Parliamentary process. 
4.2 The overall position of Renfrewshire Council on the National Care Service Bill and its associated
documentation, remains that which was submitted as part of the national consultation exercise in
November 2021 and again in September 2022. At that time, the Council confirmed that it did not
support proposals to create a National Care Service (NCS) and to transfer accountability of adult
social care and social work from the local authority, or for children and criminal justice social work
to become a formal part of any National Care Service. 
4.3 Renfrewshire Council welcomes the work that has been undertaken subsequently by Scottish
Government, COSLA and the NHS to develop a shared accountability agreement for the
development of a National Care Service which will ensure this workforce and all financial resources
are retained by local authorities.  It is agreed that the focus on improvement, on the social work

Page 3

and social care workforce, and on improved outcomes for the people that use these services,
should be our shared focus going forward. 
4.4 The Council notes with concern that some of the key pillars of the shared accountability agreement,
have not been recognised within the amendments tabled at Stage 2 of the Bill development
process, and further that in some cases these amendments allow for the potential inclusion of
additional local authority services within the NCS at a future date through secondary legislation. 
4.5 Our local response to the consultation is attached as Appendix 1 to this report. 
5. Next steps 
5.1 Council officers will continue to engage through professional organisations as the Bill progresses
through the parliamentary process. Work is also continuing at a national level to develop workforce
planning arrangements in relation to social care and social work, and around other improvement
activities which will seek to improve the quality and consistency of care at local authority level such
as in relation to the National Care Charter.
_______________________________________________________________________________________
Implications of the Report
1. Financial – there remain potentially significant financial risks for the Council should the agreement not to
transfer staffing and financial resources change in the future or be subject to significant amendment
through secondary legislation. 
2. HR & Organisational Development – as above, there remain a range of potential implications for all
services and staff that deliver social work and social care services.  The development of new workforce
planning and improvement arrangements could also support professional development and learning
opportunities for staff working in these services. 
3. Community/Council Planning – health and social care services are core elements of local provision, and
ongoing work will be required with all local partners to ensure that any transition to new governance
arrangements for Integration Joint Boards is well communicated and understood. 
4. Legal – COSLA have obtained legal advice in relation to the development of the Bill which has informed
the officer response prepared to the consultation.  As highlighted within the draft consultation response
there remain a number of significant governance and legal implications of the NCS Bill, and the detail of
such is yet to be developed. 
5. Property/Assets - none 
6. Information Technology - none 
7. Equality and Human Rights – the development of the NCS has significant equality implications for a
range of different stakeholders.   
8. Health and Safety - none 
9.  Procurement – the development of the NCS may involve the development of further national
commissioning arrangements and potential procurement implications going forward.

Page 4

10. Risk – the consultation response at Appendix 1 highlights a number of ongoing risks identified by officers
in relation to the proposed implementation of the NCS, particularly in relation to governance, finance, and
workforce. 
11.  Privacy Impact – none 
12. Climate risk – none 
13. Children’s rights -  the rights of children and young people will require to continually be assessed as part
of the development of the Bill at a national level. Any local impacts will be closely monitored as this
process develops. 
14. COSLA Policy Position – COSLA have co-ordinated a response to consultation on behalf of all member
local authorities.  This was used to inform the local officer response, along with information through
professional organisations. 
Author: Laura McIntyre, Head of Policy and Partnerships

Page 5

DRAFT RESPONSE TO NCS BILL STAGE 2 CONSULTATION 
Renfrewshire posi�on
Council welcomes the opportunity to provide feedback on the Na�onal Care Service Bill at Stage 2 of
the Parliamentary process.
The overall posi�on of Renfrewshire Council on the Na�onal Care Service Bill and its associated
documenta�on, remains that which was submited as part of the na�onal consulta�on exercise in
November 2021 and again in September 2022. At that �me, the Council confirmed that it did not
support proposals to create a Na�onal Care Service (NCS) and to transfer accountability of adult
social care and social work from the local authority, or for children and criminal jus�ce social work to
become a formal part of any Na�onal Care Service.
Renfrewshire Council welcomes the work that has been undertaken subsequently by Sco�sh
Government, COSLA and the NHS to develop a shared accountability agreement for the development
of a Na�onal Care Service which will ensure this workforce and all financial resources are retained by
local authori�es.  It is agreed that the focus on improvement, on the social work and social care
workforce, and on improved outcomes for the people that use these services, should be our shared
focus going forward.
The Council notes with concern that some of the key pillars of the shared accountability agreement,
have not been recognised within the amendments tabled at Stage 2 of the Bill development process,
and further that in some cases these amendments allow for the poten�al inclusion of addi�onal local
authority services within the NCS at a future date through secondary legisla�on.
Our local response to the consulta�on is provided within the commentary below, as it has not been
possible to align comments to the specific consulta�on ques�ons.
General comments
As highlighted above, whilst it is appreciated that work has been undertaken to highlight specific
amendments that have been made between Stage 1 and Stage 2 of the Bill’s development, the
document pack is not reader friendly.  The Stage 2 amendments pack itself was also accompanied by
a Ministerial leter that provided informa�on on planned further developments in rela�on to the NCS
which were unfortunately not included within the Bill amendments, and which it is proposed will be
implemented through secondary legisla�on.  This includes powers to directly fund integra�on
authori�es/new NHS local boards which is a renewed risk in terms of local budgets and the local
workforce which had been addressed through the shared accountability agreement.
The overall view is that the pack of amendments and accompanying documents create significant
addi�onal confusion and uncertainty for all stakeholders. 
NCS – scope, purpose and governance
The general purpose and focus of the Na�onal Care Service could be more �ghtly defined to beter
reflect the shared accountability agreement.  For example, the wording provided on scope and
purpose indicates a focus on monitoring performance rather than intended in rela�on to
improvement.  The wording also indicates that the NCS will deliver services itself, rather than
through the NCS local boards which is confusing for stakeholders including members of the public.

Page 6

The involvement of nominated elected member representa�ves on the na�onal NCS Board is
welcomed, however the current defini�ons allow poten�al future widening of the board
membership by Sco�sh Ministers, which may poten�ally reduce the role of democra�cally elected
members within the NCS board at a future date, and this is not supported.
It is suggested that the proposed governance for the NCS require further review, as at present the Bill
amendments indicate that the NCS and its Board will be accountable to Sco�sh Ministers, which is
not in line with the shared accountability agreement which requires NHS and local government
involvement to fulfil this core joint role.  Local authori�es are listed as an NCS ins�tu�on rather than
as a full partner.
As noted above it remains concerning that the scope of the NCS and local boards that will be
created, could include all poten�al services listed within the Public Bodies 2014 Act, such as children
and jus�ce social work, rather than focusing on adult health and social care provision as the key
focus agreed as part of the shared accountability agreement.  The Ministerial leter atached to the
Stake 2 Bill consulta�on also creates addi�onal uncertainty by indica�ng that further services could
be added through secondary legisla�on without significant parliamentary scru�ny.
The development of a 5 year na�onal strategy to underpin the NCS is welcome, however in line with
the shared accountability agreement, it is suggested this should be directed jointly by Sco�sh
Government, local government and the NHS.  Further detail would be welcome on how the
implementa�on of any strategy would be funded.
NCS local boards
The Bill and its amendments indicate that the NCS at a na�onal level would aim to develop a support
and improvement framework, but no detail is provided in terms of how this would be developed and
agreed or work in prac�ce.  There are provisions noted which could allow for the transfer of
func�ons from local boards within “emergency scenarios” and it unclear how this could work in
prac�ce, given many local authority func�ons are statutory and are defined in separate legisla�on.
It is noted that within the Stage 2 Bill amendments, further clarity has not been provided on the
membership of local boards which is desirable at this stage of the process.
Children/Criminal Jus�ce Social Work
The areas of concern highlighted in the Council’s previous responses to the Na�onal Care Service Bill
remain. The inclusion of children’s services within the Na�onal Care Service goes beyond the scope
of the Independent Review of Adult Social Care. As noted by COSLA, the report from Children in
Scotland, commissioned by Social Work Scotland, Healthcare Improvement Scotland and the Care
Inspectorate, highlighted that the answer to ‘the delivery of more effec�ve children’s services is not
more structural change. 
Na�onal Social Work Agency / Chief Social Work Adviser
The principle of the proposed Na�onal Social Work Agency in terms of suppor�ng the ongoing
professional development of the social work workforce is welcomed, as is the formalisa�on of the
Chief Social Work Adviser as a statutory role.  It is suggested that the mechanism that has been
proposed to develop the NSWA does not fully reflect the partnership approach which underpins the
shared accountability agreement, with the Bill indica�ng that the current Office of the Chief Social

Page 7

Work Adviser would be shaped into a new body which would become an execu�ve agency of the
Sco�sh Government.
To work most effec�vely with the social work workforce, this new body needs to be developed on a
partnership basis, with greater clarity provided on how the role of other organisa�ons would require
to change, such as the Sco�sh Social Services Council.  
Na�onal Care Charter
The principle of developing a Na�onal Care Charter is supported, and it is cri�cal that engagement is
undertaken with people who need to access adult health and social care services as part of this
process, as well as fully involving services and organisa�ons that deliver these supports across the
country and in different se�ngs.
Complaints
The Stage 2 Bill informa�on pack, indicates that Sco�sh Ministers could have some responsibility for
complaints received in rela�on to the delivery of services.  More detail on this would be required to
beter understand what is intended.
Whilst learning from complaints may be something that could inform the development and
improvement agenda na�onally, it is strongly advocated that complaints handling in rela�on to local
services must be handled at a local level.