Scottish Ministers have a duty to prepare and publish standards and outcomes applicable to care services and social work services under Section 50 Public Services Reform (S) Act 2010. Scottish Ministers also have powers under Section 10H of the National Health Service (Scotland) Act 1978 to publish standards and outcomes for services provided under the health service; and independent health care services.
This consultation relates to draft new Standards and outcomes which Scottish Ministers propose to publish in exercise of these statutory powers. But they do not replace standards relating to healthcare that have already been produced under Section 10H of the National Health Service (Scotland) Act 1978.
Throughout this consultation 'standards' is used as a collective term to describe both the outcomes and the descriptive statements which set out the standard of care a person can expect. For example 'I experience high quality care and support that is right for me' is an outcome and 'I am not discriminated against in any aspect of my care and support' is a description of the standard that can be expected.
The Care Inspectorate and Healthcare Improvement Scotland will take into account the new Standards when carrying out their inspection functions and when making decisions about care and health services which are, or are applying to be, registered.
The new Standards do not replace or remove the need to comply with legislation which sets out requirements for the provision of services (such as the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 and the Healthcare Improvement Scotland (Requirements as to Independent Health Care Services) Regulations 2011). Health and care services will continue to follow existing legislative and best practice requirements applying to their particular service or sector, in addition to applying the new Standards.
There are several parts to the consultation which you should read before completing your response
a. Respondent Information Form
c. Additional Information