Independent Review of Inspection, Scrutiny and Regulation of Social Care in Scotland: progress update 2025

The Independent Review of Inspection, Scrutiny and Regulation of Social Care in Scotland: Progress Update 2025

In March 2024, I published a response to the Independent Review of Inspection, Scrutiny and Regulation of Social Care in Scotland (IRISR) chaired by Dame Sue Bruce, accepting all 38 high level strategic recommendations. The Independent Review was initiated to ensure that systems of inspection, scrutiny and regulation remain fit for purpose and focussed on human rights.

I would like to take this opportunity to restate the critical role that our regulators play in assuring consistent and high standards of care and support. I appreciate their invaluable contribution in continuing to improve systems of inspection and regulation.

In my response to the IRISR, I noted that a significant amount of work was already underway that would in part or fully address a large number of the recommendations. In accepting all of the recommendations, I placed caveats around recommendation 8, that a co-produced and bespoke scheme of registration for Personal Assistants (PAs) which recognises their skills and role, and opens up access to training and development, should be developed. I made it clear that I understood the sensitivities around this recommendation and, that I would not consider whether further actions are necessary for its implementation until the work with Disclosure Scotland and the PA Programme Board workplan activities to support the recruitment, retention and training of PAs had progressed.

The PA Programme Board continues to deliver its workplan ensuring activities remain relevant to achieving our shared aim of recognising the important and unique role of PAs, supporting both them and their employers. To date the work of the PA Programme Board has included:

• the development of a Direct Payment model agreement as SDS Standard 13.
• supporting people through changes to the Disclosure (Scotland) Act 2020 and the Protection of Vulnerable Groups (PVG) scheme from April 2025; and
• the implementation of a national PA Training Framework co-produced with people with lived experience and PAs, which includes a framework for PA employers.

I am grateful to the PA Programme Board for all the work they are doing and at this time, I consider the above along with future planned actions sufficient to meet the intentions of recommendation 8.

In the response to the IRISR I also announced two priority workstreams focussed on:

Recommendation 15: that the list of care service types and set of corresponding definitions as set out in Schedule 12 of the Public Services Reform (Scotland) Act 2010, are assessed for fitness for purpose; and

Recommendation 33: that a review of the Health and Social Care Standards takes place to ensure they are based on human rights, ethical commissioning and are outcomes focused. The Standards should be the basis on which social care support services are inspected, scrutinised and regulated.

These recommendations are priorities that were put in place to build on the work already underway and provide a solid basis to deliver the aspirations set out in the IRISR more broadly.

I am pleased to be able to report that both workstreams have progressed and are being led by a cross-sector Steering Group, co-chaired by the Scottish Government, the Care Inspectorate and the Scottish Social Services Council (SSSC). This collaborative approach is in line with my stated commitment that we would work in partnership with stakeholders, utilising the experience and expertise of a wide range of people, including those with lived and living experience.

It is not possible for me to highlight all of the work that is underway across Scottish Government and the wider social care, social work and community health sector that has relevance for the IRISR recommendations in this update. However, I would like to focus on some key workstreams.

To support the embedding of the Getting it Right for Everyone (GIRFE) approach the ‘Team Around the Person’ toolkit, along with case studies from the GIRFE pathfinders and partners, was published in December 2024. The toolkit has been co-designed to support the implementation of a more person-centred, consistent, individualised approach to health and social care support to ensure that people can make fully informed decisions about the support they receive. This work has relevance for recommendation 1, that inspection, scrutiny, and regulatory bodies consistently apply a human rights-based approach that places people at the centre of the process.

Healthcare Improvement Scotland (HIS) and the Care Inspectorate are lead partners in the Joint Inspection of Children’s Services. These inspections are currently focused on children and young people in need of protection and are supported by young care experienced volunteers. Their inclusion ensures that the views of those who have first-hand experience of care services are an integral part of the inspection process. This work aligns with recommendation 4, that inspection, scrutiny, and regulatory bodies make appropriate arrangements to engage people with lived and living experience in co-designing engagement tools and developing the inspection and regulatory frameworks.

Recommendation 13 is, that the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 be reviewed to ensure consistent, effective and comprehensive applicability of the fit and proper person provisions across social care support services in Scotland. In addition to the two new workstreams announced in March 2024, the Scottish Government and the Care Inspectorate have begun work to explore any changes that might be needed to current powers in relation to the fitness of providers. Support providers and other key stakeholders will be consulted as the work progresses. Further, the Care Reform (Scotland) Bill includes a new power for the Care Inspectorate to propose a cancellation of a service’s registration if the provider were found to be unfit to provide a care service, without first having to issue an Improvement Notice. This would give the regulator a quicker and more effective route to address the issue of fitness whilst preserving the provider’s right to appeal.

In January 2025, a new ‘Quality Improvement Framework’ for inspection of Early Learning Childcare (ELC), Childminders and School Age Childcare Providers was published and includes sector specific content. The framework was developed by His Majesty’s Inspectorate of Education and the Care Inspectorate in collaboration with the sector. The framework clarifies roles and responsibilities of the inspectorates. Pilot work is underway to test the framework and over two hundred providers volunteered to take part. Additionally, in response to engagement with the sector, the inspectorates are now developing new approaches to inspection with a view to further reducing any perceived inspection burden. The framework will be formally launched for implementation later in the year. This provides evidence of progression in addressing recommendation 18, that Scottish Government work with the regulators to clarify roles and responsibilities between organisations to streamline inspection activity, remove repeat inspections by different agencies and to reduce duplication and omission. This should include reviewing how joint inspections are currently carried out, encouraging more partnership working and joint inspections, and greater involvement of people in receipt of social care support in inspection, scrutiny, and regulation.

The draft Scottish Learning and Improvement Framework for Adult Social Care and Community Health (SLIF) has been co-produced by a cross-sector Steering Group, co-chaired by COSLA, SOLACE and the Scottish Government. The framework aims to track improvement to the outcomes that matter to people who use services, unpaid carers and the workforce. Work will continue throughout 2025 to operationalise and test the framework. This contributes to recommendation 20, that an emphasis on outcomes and continuous improvement becomes a central focus of inspection, scrutiny, and regulation.

The Social Care Data and Intelligence Programme Board (SCDIPB) has been created to support and optimise the development and analysis of social care data. The SCDIPB helps to prioritise improving the collection and use of social care data to inform and monitor developments. The Board has worked on a number of workstreams including the Care Home Data Review, which aims to improve the care home data landscape. The Board is also examining social care need and unmet need, information governance and improved data sharing, which will support data rationalisation and development. This work moves forward recommendation 30, which states that the type of data collected, and its purpose, is reviewed to ensure that the right data is collected for the right reasons, with a focus on data supporting performance management and service improvement.

A National Information Governance Programme has been set up, with the inclusion of information governance experts, to support the effective and proper use of information and engagement. The Code of Conduct has been rebranded as the ‘Health and Social Care Information Governance Framework’ which brings together existing guidance on how GDPR is used and interpreted as well as developing additional guidance that may be needed. The Information Governance website is also being refreshed. This work addresses much of recommendation 31, that a more tailored and contextualised approach is developed to how GDPR is used and interpreted within the regulatory landscape and that an Information Governance (IG) group be established to support the effective and proper use of information and engagement with IG experts.

By taking a phased approach to the implementation of the recommendations, we are making good progress towards ensuring that the recommendations are being delivered in the way envisaged by the IRISR and are consistent with the Scottish Government’s plan to reform social care.

In moving this work forward, we will continue to work in partnership with people with lived and living experience and wider stakeholders to deliver our ongoing commitment of improving the regulation of services and to make sure that the people of Scotland can access the support they need to thrive.