Under consideration PE2114: Ensure effective regulation and oversight of social care services in Scotland

Background information

BetterCareScotland's data, based on the experiences of our over 3,000 members, together with publicly available information, indicate that the Care Inspectorate, and the bodies they regulate lack formal risk management, regulatory and analytical expertise to challenge when things go wrong for the vulnerable people in whose interest they have a statutory duty to act; and are not held to account for failing to identify risks to residents in poorly-resourced, commercially unviable independent care homes for older people that operate as 'closed cultures'.

This enables bad practice and encourages risk-taking by owners who are kept in business by their local council, leading to an inevitable decline in the quality of care. It also deters openness and candour when things go wrong.

We envisage an independent oversight body of social care regulation operating in real time to address the country's record of poor social care outcomes. This would also help reduce complaints to the SPSO, allowing the Ombudsman to more closely focus on its own extensive remit.