Some members of an expert group set up to advise the Scottish government on changes to its National Care Service Bill say they feel let down by a ‘deficient process’ that has left them none the wiser as to whether the new provisions will deliver improvements to Scotland’s social care system.

Think-tank Common Weal says, after nine meetings of the Expert Legislative Advisory Group, members have not yet had a chance to consider any of the actual amendments the government intends to make to its National Care Service Bill.

It says the government has made no attempt to co-design the amendments with the group, and nor have members had the chance to suggest any specific changes they would like to see.

Other members including the largest trade union in Scotland representing social care workers and a representative of not-for-profile providers have also shared disappointment around the process.

In a letter to the parliament’s health and social care committee, accompanied by a set of the organisation’s own proposed amendments, Common Weal writes that the group has turned out to be a ‘damp squib’.

Common Weal’s Executive Director Amanda Burgauer adds:

‘The experience has reinforced our view that no one should have any faith in either the Scottish government’s commitment to develop a National Care Service or in the process by which the National Care Service Bill and any forthcoming amendments has been developed.’

MSPs agreed to back the National Care Service Bill at stage 1, after social care minister Maree Todd promised to make substantial changes and allow the health committee time to undertake further scrutiny.

Common Weal is one of around 60 members of the group established back in April to help the Scottish government make ‘comprehensive and robust’ changes to the Bill.

Another member, Coalition of Care and Support Providers in Scotland (CCPS) – which led the call for the group to be established – says that the opportunity has not been fully seized by the government.

CEO of CCPS Rachel Cackett told healthandcare.scot that the set-up of the group was seen as a chance to revisit the National Care Service proposals and explore in detail the proposals - but this has not happened in practice.

Ms Cackett says:

“Given the deal done last year with local government alone this should have been a real opportunity for others – including our not-for-profit providers – to get engaged in the technical detail of proposed amendments: to really look forensically at the consequences of the proposed new wording on our whole sector.

“In legislation, precision in wording and testing potential interpretation is everything.

“The Scottish government has given us some broad sense of their proposed direction, in often quite general terms, but we have yet to engage in the sort of detailed conversation on legislative drafting that we had hoped for.”

Ms Cackett says it is “still not wholly clear” how the amended proposals will work to improve the social care system in Scotland.

A Scottish government spokesperson said members of the expert advisory group agreed the Terms of Reference and layout of the discussions.

“Due to the volume of amendments, and the pace of work needed to meet parliamentary timescales, the discussions were grouped by theme - members of the Expert Leadership Advisory Group agreed this principle.

“Members of the group were also invited to comment on the draft Terms of Reference, and these were subsequently agreed by members."

The finalised Terms of Reference say scope and focus of the group will ‘in the first instance’ focus on stage 2 amendments to the Bill, with a ‘forward work plan developed for future activity’.

UNISON Scotland social care representative Peter Hunter told healthandcare.scot that if government is satisfied that that process was rigorous, then it is 'working to a lower standard'.

Mr Hunter says it was the perception of group members that discussions would go beyond theme, and instead actually consider specific amendments to the Bill.

He adds: "Government gave the experts the impression that they would have a direct input to these vital amendments which will either save the Bill or kill the Bill.

"The Expert Legislative Advisory Group was enormous, unwieldy, and dealt with a vast number of complex issues, but never achieved anything more than superficial, outline conversations.

"No draft amendments were tabled.

"So when the health and social care committee resumes, if they expect to hear evidence that experts from across the sector have actively shaped amendments to the Bill then they will be disappointed as no such input has been given."

The group will meet again later this month to discuss the final stage 2 amendments, after MSPs are updated.

Read more: A timeline of Scotland's National Care Service Bill

 

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NOTE: Updated at 4pm on 14/06/2024 to include UNISON contribution.