Care Inspectorate registration – Scotland

Social Care and Social Work Improvement Scotland

1. The Care Inspectorate is the working name of a body called “Social Care and Social Work Improvement Scotland” (SCSWIS).1Public Services Reform (Scotland) Act 2010 S.44(1)

Duty to register

2. Anyone wishing to operate a care service in Scotland must register with the Care Inspectorate.2Public Services Reform (Scotland) Act 2010 S.59(1)  

A care service

3. A “care service” is any of the following:3Public Services Reform (Scotland) Act 2010 S.47(1)

  1. a support service
  2. a housing support service
  3. a care home service
  4. a school care accommodation service
  5. a nurse agency
  6. a child care agency
  7. a secure accommodation service
  8. an offender accommodation service
  9. an adoption service
  10. a fostering service
  11. an adult placement service
  12. child minding
  13. day care of children.

A support service

4. A “support service” is a service that is provided by reason of a person’s vulnerability or need and it is provided to that person or their carer but not by reason of vulnerability due to a person’s young age.4Public Services Reform (Scotland) Act 2010 Sch 12 Para 1(1)

5. Subject to exclusions the service is provided by:5Public Services Reform (Scotland) Act 2010 Sch 12 Para 1  

  1. a local authority;
  2. any person under arrangements made by a local authority;
    a health body; or
  3. any person if it includes personal care or personal support.

Personal care

6.  “Personal care” means care which relates:6Public Services Reform (Scotland) Act 2010 Sch 12 Para 20

  1. to the day to day physical tasks and needs of the person cared for (as for example to eating and washing); and
  2. to mental processes related to those tasks and needs (as for example to remembering to eat and wash).

Personal support

7.  “Personal support” means counselling or other help provided as part of a planned programme of care.7Public Services Reform (Scotland) Act 2010 Sch 12 Para 20

A housing support service

8. Subject to exceptions a “housing support service” is one provided to a person who has particular needs with a view to enabling that person to occupy residential accommodation as a sole or main residence.8Public Services Reform (Scotland) Act 2010 Sch 12 Para 19

9.  It must be a service that provides:9Public Services Reform (Scotland) Act 2010 Sch 12 Para 19

  1. support;
  2. assistance;
  3. advice; or
  4. counselling.

Excepted Accommodation

10. A service may be excepted from this definition by regulations. With regard to the residential accommodation in question in the definition of “housing support services” it does not include accommodation specified as excepted accommodation in regulations under section 91(9) of the Housing (Scotland) Act 2001.10Public Services Reform (Scotland) Act 2010 Sch 12 Para 19

Care Inspectorate guidance on applying for registration

11. The Care Inspectorate has issued guidance on applying for registration.11Care Inspectorate registration application guidance (13 July 2021)

Disqualified applicants

12. Certain individuals or bodies are disqualified from applying.12Social Care and Social Work Improvement Scotland (Registration) Regulations 2011 Reg. 3

Tags: Scotland
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