Care Inspectorate and the Scottish Social Services Council (SSSC) oversight and funding: FOI release

Information requested

Information regarding the Scottish Government's oversight and funding of the Care Inspectorate and the Scottish Social Services Council (SSSC).

Response

I enclose a copy of most of the information you requested in the format you asked for.

1. Governance and Oversight:

1.1.Current governance frameworks for both organizations

The Care Inspectorate and SSSC have framework documents in place. These set out the broad framework within which both organisations will operate and defines key roles and responsibilities underpinning their relationships with the Scottish Government. Please find enclosed copy of the Care Inspectorate’s current Framework Document. The SSSC’s framework document is available on their website here: SSSC Framework Document - Scottish Social Services Council

1.2. Reporting structures between the agencies and the Scottish Government

The framework documents set out reporting arrangements for both the Care Inspectorate and SSSC with the Scottish Government. Certain reporting requirements are also set out in legislation. In the case of the Care Inspectorate, this is the Public Services Reform (Scotland) Act 2010. In the case of the SSSC, this is the Regulation of Care (Scotland) Act 2001.

1.3. Key performance indicators used to monitor both organizations

The Care Inspectorate has a corporate plan in place. This was agreed with Scottish Ministers and contains a number of Key Performance Indictors (KPIs). KPIs are discussed quarterly by the Care Inspectorate board. The Care Inspectorate’s Corporate Plan 2022-25 can be accessed here: Care Inspectorate Corporate Plan 2022.pdf

The SSSC has a 3-year strategic plan in place, which contains a number of target deliverables across various aims. Performance against this document is monitored regularly by the SSSC Council and reviewed at key points throughout the year by the Scottish Government Sponsor Team. The SSSC’s 2023-2026 Strategic Plan can be accessed here: SSSC Strategic Plan 2023-2026 - Scottish Social Services Council

Further information may be available in Care Inspectorate board and SSSC papers:

• Care Inspectorate Board papers - Board meeting papers
• SSSC papers - Category - Scottish Social Services Council

1.4. Frequency and nature of oversight meetings/reviews

The Care Inspectorate Sponsor Team within the Scottish Government meet with the Care Executive Team and Chair monthly, on behalf of the Scottish Government Accountable Officer. The Care Inspectorate agree their Scrutiny and Assurance Plan annually to ensure the plan aligns with Scottish Government policies. In addition, the sponsor team meet with the Care Inspectorate on a continuous ad hoc basis as and when necessary.

SSSC meets monthly with their Scottish Government Sponsor Team to ensure proper oversight and governance of the organisation. In addition, the Convener and Chief Executive meet regularly with the Scottish Government Accountable Officer (Deputy Director).

1.5. Details of any recent strategic reviews or evaluations

The Care Inspectorate plays a crucial role in reviewing and ensuring the quality of care services in Scotland. Some key aspects of their role in reviews:

• Quality Assurance Role: The Care Inspectorate oversees and evaluates the quality of care services, including serious incident reviews. They ensure that these reviews are conducted robustly and meaningfully.
• Serious Incident Reviews: When a serious incident occurs, local authorities must notify the Care Inspectorate within five working days. The Care Inspectorate then provides quality assurance by reviewing how the incident was handled and ensuring the review process was thorough and effective.
• Inspection Process: The Care Inspectorate conducts inspections of adult social care services. This involves reviewing information about the service, contacting care users, staff, and other stakeholders for feedback, and visiting the service’s office or reviewing records virtually.
• Thematic Reviews: Theses are conducted to assess the quality of care and identify areas for improvement. These reviews focus on specific themes or issues within the care sector.

The Care Inspectorate also has a Reviews section on their website which provides access to review publications.

In addition to monitoring by the Council, SSSC meet with their Sponsor Team, monthly as well as at key points throughout the year in order to review performance against their Strategic Plan. The Convener and the Chief Executive have annual meetings with the Minister for Children, Young People and, the Promise and the Minister also meets annually with the Council.

The Independent Review of Inspection, Scrutiny and Regulation (IRISR) was initiated to ensure that inspection, scrutiny and regulatory systems remain fit for purpose and are firmly focused on human-rights and person-centred approaches. The IRISR considered and reported on aspects across the Care Inspectorate and the SSSC as well as other regulators. The IRISR recommendation report was published on 27 September 2023. Link: Social care - Independent Review of Inspection, Scrutiny and Regulation: recommendation report - gov.scot

2. Financial Information:

2.1. Detailed breakdown of government funding allocated to both organisations

Funding provided by the Scottish Government to both the Care Inspectorate and SSSC is set out their annual Budget Allocation and Monitoring letters. Please find enclosed copies of letters.

An exemption under section 38(1)(b) ("Personal information") of FOISA applies to a small amount of the information you have requested because it is personal data of a third party.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Both organisations may receive ad hoc funding for specific projects outwith grants listed in the Budget Allocation and Monitoring letters. These are listed in the Annual Reports and accounts published on their websites. Please see pp86-87 of the Care Inspectorate’s 2023/24 Annual Report and Accounts Care Inspectorate Annual Report and Accounts 2023-24.pdf. Please also see p108 of the SSSC’s 2023/24 Annual Report and Accounts: Annual Report and Accounts 2023-2024 - Scottish Social Services Council.

2.2. Budget setting process and criteria

Budgets are agreed annually as part of the Scottish Government budget. This is set out in the Care Inspectorate’s and SSSC’s framework document under the Budget Management section.

2.3. Financial monitoring arrangements

Financial monitoring arrangements are set out in the enclosed framework documents and budget allocation and monitoring letters.

2.4. Value for money assessments

Both organisations are audited annually. This includes an assessment of value for money. The Care Inspectorate’s internal auditor’s opinion for 2023/24 included in the 2024/24 Annual Report and Accounts was as follows:

“In our opinion, the Care Inspectorate has adequate and effective arrangements for risk management, control and governance. Proper arrangements are in place to promote and secure value for money. This opinion has been arrived at taking into consideration the work we have undertaken during 2023/24 and also from our collective knowledge of the organisation obtained since our initial appointment in 2020/21.”

Similarly, the SSSC’s internal auditor’s opinion for 2023/24 was:

“The SSSC has adequate and effective arrangements for risk management, control and governance. Proper arrangements are in place to promote and secure Value for Money.”

Further information can also be accessed via the following reports:

• Care Inspectorate - Public Services Reform (Scotland) Act 2010 Duties on public bodies to provide information 2023/24: PSR Act Reporting 2023-24.pdf
• SSSC - Public Services Reform (Scotland) Act 2010 Duties on public bodies to provide information 2023/24: SSSC Public Services Reform Bill Disclosure 2023-2024 - Scottish Social Services Council

2.5. Efficiency savings targets and achievements

Both the SSSC and the Care Inspectorate have an ongoing responsibility to identify and deliver efficiency savings aligned with their Best Value in Public Services responsibilities.

Savings and benefits realised through procurement are published in the Care Inspectorate’s and SSSC’s Annual Procurement Reports. These can be accessed via the links below:

• Care Annual Procurement Report 2023/24: CI_Annual_Procurement_Report_2023-24.pdf
• SSSC Annual Procurement Report 2023/24: SSSC Annual Procurement Report 202324.pdf

The SSSC last year launched its Futureproofing programme, an ambitious programme of streamlining and changes to the SSSC Register which will bring in efficiencies and multiple improvements to services. More information can be accessed here: Registration is changing - Scottish Social Services Council

2.6. Administrative costs of maintaining two separate organizations

Administration costs are included in both organisations’ Annual Report and Accounts. Please see p81 of the Care Inspectorate’s Annual Report and Accounts 2023-24 and p103 of the SSSC’s 2023-24 Annual Report and Accounts.

3. Operational Effectiveness:

3.1. Assessment of current dual-agency model effectiveness

This information is not held. While the Care Inspectorate and SSSC work closely together and share certain services, they are separate organisations and do not follow a dual-agency model.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

3.2. Identified areas of operational overlap

A Partnership Agreement between SSSC and Care Inspectorate identifies priority areas which both organisations have a shared interest in. The Partnership Agreement can be accessed here: SSSC-CI Partnership Agreement 2021.pdf

3.3. Coordination mechanisms between the two bodies

In addition to the Partnership Agreement between the Care Inspectorate and SSSC, Section 95 (“Duty of SCSWIS to consult Scottish Social Services Council”) of the Public Services Reform (Scotland) Act 2010 states that the Care Inspectorate “… must, in the exercise of its functions, consult the Scottish Social Services Council in every case in which it appears to SCSWIS appropriate that there should be such consultation.”

Additionally, Section 62 (“Duty of Commission and Council to consult each other”) of the Regulation of Care (Scotland) Act 2001 states that the SSSC “shall, in the exercise of its functions, consult Social Care and Social Work Improvement Scotland in every case in which it appears to the Council appropriate that there should be such consultation.”

3.4. Any evaluations of potential merger opportunities

This information not held. The Scottish Government does not hold any information on evaluations of potential merger opportunities were the Care Inspectorate and SSSC merge. The framework documents state that there is a responsibility on both organisations to promote the efficient, economic and effective use of staff and other resources consistent with the principles of Best Value, including, where possible, participation in shared services arrangements.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

3.5. Comparative analysis with similar regulatory structures in other jurisdictions

Please find enclosed paper comparing Care Inspectorate enforcement powers with similar regulators in England (Care Quality Commission), Northern Ireland (Regulation and Quality Improvement Authority) and Wales (Care Inspectorate Wales).

While no specific analysis has been completed recently, the SSSC works closely with four nations counterpart regulators across the UK, including regular regulator group meetings to ensure sight of practices and policies and inform ongoing development.

The SSSC is a partner in the Skills for Care and Development Alliance, which includes the professional regulatory bodies for social work, and social care and early years across the UK and ROI. Link: Skills for Care and Development.

Following the publication of the Law Commission Report in 2012, the SSSC moved to a Fitness-to-Practice model in 2016. While there has not been any formal work review work comparing the SSSC statutory model to other regulators since this period, changes made which have passed through the Council such as the Future Proofing Programme and Opt-in Hearings have been implemented, and as part of these processes, the SSSC reviews how other regulators operate.

The SSSC also does an internal review of work against the Professional Standards Authority Standards of Good Regulation every year, however this is not publicly published.

The SSSC Chief Executive is a member of Chief Executive of Regulatory Bodies (CEORB) group which meets monthly which consists of the Chief Executives of the Health and Care Professional Regulatory Bodies. Legislative and best practice developments in professional regulation are shared as part of the group’s ongoing agenda.

4. Strategic Planning:

4.1. Long-term strategic plans for both organizations

The Care Inspectorate’s Corporate Plan 2022-25 and SSSC’s Strategic Plan 2023-26 are published on their websites via the links provided.

4.2. Future funding projections

This information is not held. Funding for the Care Inspectorate and SSSC is agreed annually as part of the Scottish Government Budget. The Scottish Government has set out its spending and tax plans for 2025/26 in the Scottish Budget published on 4 December 2025, this includes “level 4” information on the respective funding settlements for the Care Inspectorate and the SSSC. No information is currently available beyond this timeframe.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

4.3. Planned changes to regulatory frameworks

The Care Inspectorate has a number of quality frameworks in place. These are used by inspectors to provider independent assurance about the quality of care and support. These are kept under review to ensure they reflect the wider social care landscape.

The Care Inspectorate also produces an annual scrutiny and assurance plan which sets out inspection activities for the coming year. This is agreed by Scottish Ministers annually.

The SSSC’s revised Codes of Practice were published in 2024. Updates to the Codes of Practice are made when necessary to ensure they remain up to date and consistent with Scottish Government policy. Such changes are a continual process of scrutiny and improvement and the SSSC uses public consultation regularly to ensure their regulatory framework evolves to reflect requirements.

4.4. Innovation and improvement initiatives

The Care Inspectorate has a Quality Improvement and Involvement Strategy in place. This can be accessed here: quality_improvement_and_involvement_strategy_2022-25.pdf

As well as the SSSC Strategic Plan which can be accessed here: SSSC Strategic Plan 2023-2026 - Scottish Social Services Council, the SSSC also publishes a range of strategies and plans around delivery of functions which can be accessed at this link: SSSC strategies and plans - Scottish Social Services Council

4.5. Digital transformation strategies

SSSC’s digital strategy is published here: SSSC Digital Strategy 2021-2024 - Scottish Social Services Council.

The Scottish Government does not hold a copy of the Care Inspectorate’s digital strategy. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the Care Inspectorate at infogovernance@careinspectorate.com who may be able to help you.

Further information on how to the contact the Care Inspectorate is available on their website: Freedom of information

You may wish to sign up to the Care Inspectorate’s Digital Newsletter to receive updates on this. Details on how to do this can be found on the Care Inspectorate’s website: Join us on our digital transformation journey

5. Cross-Agency Working

5.1. Current protocols for information sharing

The Care Inspectorate and SSSC have a Memorandum of Understanding (MoU) which sets out how both organisations will share information relating to their respective responsibilities for regulating social care services and the social services workforce. This can be accessed here: CI & SSSC MOU.pdf

5.2. Joint working initiatives

In addition to the above-mentioned MoU, the Partnership Agreement provided at 3.2. identifies priority areas which both organisations have a shared interest in.

5.3. Resource sharing arrangements

The Care Inspectorate and SSSC have a Shared Services Agreement which sets out which areas of work the Care Inspectorate and SSSC share. However, this information is not held by the Scottish Government.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, you may wish to contact the Care Inspectorate at infogovernance@careinspectorate.com or SSSC at informationgovernance@sssc.uk.com who may be able to help you.

Further information on how to the contact the Care Inspectorate and SSSC is available on their websites:

• Care Inspectorate - Freedom of information
• SSSC - Information governance - Scottish Social Services Council

5.4. Coordination of enforcement action

The Care Inspectorate and the SSSC share information in order to fulfil their delegated functions in terms of the Regulation of Care (Scotland) Act 2001 and the Public Services Reform (Scotland) Act 2010 (the 2010 Act). The Operational Guidance for Data Sharing between the Care Inspectorate and SSSC is contained in Appendix 2 of the MoU and includes details of how both organisations share information to support their scrutiny and assurance functions.

5.5. Management of overlapping responsibilities

This information is included in the Partnership Agreement provided at 3.2.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500447466 - Information released - Annex

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