Consultation on the Draft Regulations relating to the Public Bodies (Joint Working) (Scotland) Act 2014 (Set 1 of 2)

Consultation Paper

Introduction

The Public Bodies (Joint Working) (Scotland) Act 2014 provides a framework to support improvements in the quality and consistency of health and social care services through the integration of health and social care in Scotland.

The policy rationale for integrating health and social care services is: to improve the quality and consistency of services for patients, carers, service users and their families; to provide seamless, joined up, high quality health and social care services in order to care for people in their homes, or a homely setting, where it is safe to do so; and to ensure resources are used effectively and efficiently to deliver services that meet the needs of the increasing number of people with longer term and often complex needs, many of whom are older.

Set one of the draft Regulations relating to The Public Bodies (Joint Working) (Scotland) Act 2014 are within this consultation. Their purposes are:

1. Prescribed information to be included in the Integration Scheme

Section 1(3)(f) of the Public Bodies (Joint Working) (Scotland) Act 2014

The Integration Scheme is a document to be prepared in respect of each Local Authority area, by the Local Authority and the relevant Health Board. It sets out models of integration that the Health Board and Local Authority have opted to use in practice. It contains the key agreements that have been made between Health Boards and Local Authorities to make integration a success and describes the necessary processes and procedures that will be put in place.

Section 1(2) of the Public Bodies (Joint Working) (Scotland) Act 2014 together with sections 2(3) and 2(4), which make provision for the case where there is more than one Local Authority within a Health Board area, requires that Health Boards and Local Authorities prepare an Integration Scheme.

Section 1(3)(a-e) of the Public Bodies (Joint Working) (Scotland) Act 2014 sets out the key information that must be included in the Integration Scheme, such as the scope of the functions delegated, the resources delegated and the model of integration chosen.

These Regulations sets out the other matters that Scottish Ministers intend to prescribe for inclusion in the Integration Scheme, and information about these matters, which Health Boards and Local Authorities must provide. They include provisions about the following matters:

• Local governance arrangements
• Local operational arrangements
• Clinical and care governance
• Workforce
• Finance
• Claims management and indemnity arrangements
• Dispute resolution
• Stakeholder and public engagement
• Complaints
• Data sharing
• Risk management

2. Prescribed functions that must be delegated by Local Authorities

Section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014

The policy intention set out within the Public Bodies (Joint Working) (Scotland) Act 2014 is to achieve the integration of adult health and social care functions, while providing local flexibility to integrate further for other specified functions of Local Authorities.

Section 1(5) of the Public Bodies (Joint Working) (Scotland) Act 2014 introduces Part 1 of the schedule, which sets out the functions of Local Authorities that may be delegated.

Section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014 allows Scottish Ministers to prescribe in Regulations those functions that must be delegated by a Local Authority, as they relate to specific services for adults. These Regulations sets out those functions.

3. Prescribed functions that must or may be delegated by Health Boards

Section 1(6) &1(8) of the Public Bodies (Joint Working) (Scotland) Act 2014

The Public Bodies (Joint Working) (Scotland) Act 2014 requires Local Authorities and Health Boards to enter into an Integration Scheme, which provides the basis for Health Boards and Local Authorities to plan integrated arrangements for the delivery of adult health and social care services.

Section 1(8) of the Public Bodies (Joint Working) (Scotland) Act 2014 allows the functions of a Health Board that must be delegated under an Integration Scheme to be prescribed within Regulations.

Section 1(6) of the Public Bodies (Joint Working) (Scotland) Act 2014 allows the functions of a Health Board that may be delegated under an Integration Scheme to be prescribed within Regulations.

These Regulations sets out the functions of a Health Board that must be delegated and the functions of a Health Board that may be delegated under an Integration Scheme.

4. Prescribed National Health and Wellbeing Outcomes

Section 5(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

Section 5(1) of the Public Bodies (Joint Working) (Scotland) Act 2014 allows Scottish Ministers to prescribe National Health and Wellbeing Outcomes.

National Health and Wellbeing Outcomes are high-level statements of purpose which apply to the planning, delivery, review and inspection of the arrangements that are made for the integration of health and social care services. They aim to achieve the improvement in the lives of patients and services users and the quality of service users.

These Regulations set out the nine National Health and Wellbeing Outcomes prescribed under Section 5(1) of the Act.

5. Interpretation of what is meant by health and social care professionals

Section 68(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

Section 68(1) of the Public Bodies (Joint Working) (Scotland) Act 2014 provides definitions of key terms, which assist with interpretation of the Act. Under this section, the terms "health professionals" and " social care professionals" are defined as including such groups of persons, engaged in the provision of health and social care respectively, as Scottish Ministers prescribe. These Regulations contain prescribed descriptions of persons who, for the purposes of the Act, are to be within the meaning of the terms health professionals and social care professionals.

Sections 5, 12, 16 and 51 require health professionals and social care professionals to be consulted in relation to the National Health and Wellbeing Outcomes and in relation to any proposed staff transfers to take place under the powers in the Act.

This Regulation sets out the individuals, or groups, that Scottish Ministers consider to be representative of health professionals and social care professionals and who should therefore be included in any such consultation.

6. Prescribed functions conferred on a Local Authority officer

Section 23(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

The policy intention set out within the Public Bodies (Joint Working) (Scotland) Act 2014 is to achieve the integration of adult health and social care functions, while providing local flexibility to integrate further for other specified Local Authority functions. The Act states that Scottish Ministers may, by Regulation, prescribe those functions which Local Authorities must delegate under an Integration Scheme.

There are a range of functions, conferred by, or under, the Adult Support and Protection (Scotland) Act 2007 on, specified persons who can be authorised to perform the functions of a "council officer". These relate to functions of Local Authorities which will require to be delegated.

These Regulations, arising from Section 23(1) of the Act enable functions of a "council officer" to be exercised by suitably qualified employees from any of the bodies which prepared the Integration Scheme.

This Regulation sets out which functions, conferred on an officer of a Local Authority, are prescribed.