Social Care and Social Work Improvement Scotland (Cancellation of Registration) Order 2026: final business and regulatory impact assessment

Section 1: Background, aims and options

Background to policy issue

27. A key issue with the current regulatory regime relates to resolving the issue of providers who operate, often for lengthy periods, with inconsistent quality and levels of service. Inadequate care has a negative impact on people using the services, including adult care homes, nurseries, childcare and support services. All people experiencing care have the right to expect safe, high quality care that meets their individual needs.

28. At present providers who fail to meet the required standards could be issued with an improvement notice by the Care Inspectorate. This allows the provider a set amount of time to meet the requirements as detailed in the improvement notice. A failure to do so could result in escalation and a move by the CI to propose cancellation of the care service’s registration.

29. In actual practice, where an improvement notice has been issued requiring significant improvement within a specified timescale, certain providers act to implement only the bare minimum and maintain this for only a very short time, i.e. during inspection. That is not the intention of the improvement notice process, which aims to bring the relevant care service back up to the expected standard it is required to maintain throughout the lifetime of the registration.

30. The new power at section 64(1A)(b) of the 2010 Act allows the Scottish Ministers to prescribe the circumstances (other than following the expiry of an improvement notice) in which the Care Inspectorate may propose to cancel the registration of a care service As set out in the Order, the circumstances prescribed are:

• where, at any point during the period of 12 months following confirmation by it in writing that the significant improvement required by an improvement notice has been carried out, the CI has reasonable grounds to believe that any aspect of that improvement has not been sustained; and
• where the CI is no longer satisfied that the provider is fit to provide the care service within the meaning of regulations made under section 78 of that Act

31. It should be noted that, once the CI has given notice of its proposal to cancel registration under section 71(3) of the 2010 Act, in accordance with sections 72 and 75 of that Act, the provider would then have the right to make representations as regards the proposal to cancel their registration, and ultimately to appeal the final decision via the Courts.

Purpose/ aim of action and desired effect

32. This SSI delivers a proposal which will enhance and strengthen the CI’s powers currently available under the 2010 Act. Specifically, it will enable the regulator to speedily take action against poor performing services, better protect social care users, and drive up the consistency and quality of care expected across all social care services in Scotland.

33. The intended outcomes of this policy will be to increase the effectiveness and efficiency of the CI’s powers and procedures. It will enable the CI to act more effectively and more quickly than at present to tackle consistently poorly performing and inadequate care services, which lead to poor outcomes for users of care and residents. This is particularly important where inadequate care services continue to be provided and will help the CI ensure that these individuals are protected and receive good quality of care.

34. The aims of this policy are ultimately to protect users of care, improve their outcomes and ensure the quality of care meets the standard expected.

35. This policy contributes to the Scottish Government’s priority: Delivering high quality, sustainable public services.

36. Ministers are committed to the right to better care for the people of Scotland. The Care Inspectorate’s scrutiny, assurance, and improvement activities help ensure that this right is upheld, fostering trust in the care system and enhancing the quality of life for those relying on care services.

37. The Care Inspectorate plays a critical role in ensuring that care services across Scotland meet high standards of safety, quality, and respect for individual rights. Its work safeguards vulnerable individuals while driving continuous improvements in care provision.

Options (considered so far/ still open)

38. Ministers have the power to prescribe by Order the circumstances in which the Care Inspectorate may use a new power provided to them by the Care Reform (Scotland) Act 2025.

39. There is a clear need for the Care Inspectorate to have this power available to them, therefore to do nothing is not a viable option.

40. In terms of the options for the Order itself, Scottish Government officials have worked closely with the Care Inspectorate, and have consulted social care providers.

41. The Government believes that the Order aligns with the Scottish Government’s ‘Better Regulation Approach’ and also aligns with the five principles that the regulation should be transparent, accountable, proportionate, consistent and targeted.

42. The Order has been developed following discussion as part of the Care Reform (Scotland) Act 2025 and a targeted consultation. The Order fits within the current statutory process that is designed to ensure that social care providers that fall below regulatory standards have the opportunity to improve but should that not happen then the Care Inspectorate can take steps to resolve the matter, including the cancellation of a social care providers registration. Within the statutory framework the social care providers have the necessary opportunities to make representations and appeal to the court.

Sectors/ Groups affected

43. All care services regulated by the Care Inspectorate will be in scope of the proposal. These are the following businesses / sectors:

• care homes for older people, adults and children
• care at home
• housing support
• childminders
• children’s nurseries
• playgroups and out-of-school clubs
• daycare
• adoption and fostering agencies
• childcare agencies
• nurse agencies
• school accommodation
• secure accommodation
• respite care.

44. There are around 14,000 individual care services which are regulated by the Care Inspectorate, who operate across the Scotland.

45. There should be beneficial impacts for users and residents of these services, and their families.