Duty of care

Published on 25/08/2012 00:00

I want to correct a number of inaccuracies in your article on the Social Care (Self-directed Support) (Scotland) Bill (20 
August). It suggests this bill is principally about carers. In fact, its aim is to give individuals, families and carers informed choice and control over the social care and support they need.

In relation to the point about an independent assessment or appeals procedure, we currently have no plans to introduce a process to appeal a local authority decision.

However, we consulted and published a report on how social work complaints procedures might be updated to reflect a more human rights-based approach, and will be considering our response in due course. It is inaccurate to say the bill shifts the focus to private and voluntary providers. It empowers individuals to make their own choices and does not prescribe any particular form of support.

It is also inaccurate to imply there are no safeguards where the individual chooses a private or voluntary provider. The duty of care in relation to the support needs of individuals remains with the local authority. The Care Inspectorate, the Scottish Social Services Council and the Protecting Vulnerable Groups scheme provide additional 
safeguards. The government is acutely aware of the contribution unpaid carers make. In addition to a range of support already available, for the first time in Scotland, this bill also gives local authorities a power to give support to carers in their caring role.

Regarding placing crucial issues into regulations rather than statute itself, secondary legislation is no less binding than primary statute, but allows more flexibility. Regulations, as well 
as statutory guidance, will be consulted on.

Michael Matheson MSP

Minister for Public Health

Holyrood