Holyrood Committee highlights serious shortcomings hampering implementation of Self-Directed Support Act

A new report by the Health, Social Care and Sport Committee has found that implementation of the Social Care (Self-directed Support) (Scotland) Act 2013 has been hampered by a range of factors.

The legislation was introduced to ensure that care and support is arranged, managed, and delivered in a way that supports choice and control for individuals. Although the Committee has heard that Self-Directed Support (SDS) has been implemented well and is transformational for individuals in some areas, the report highlights a number of challenges that have meant the legislation is not always implemented in a fair and equitable way across the country.

The Committee say that restrictions on available providers, how services are commissioned and procured, and the financial systems and models of care currently in place mean that, in many parts of the country, SDS has not been delivered in the way intended by the legislation.

The post-legislative scrutiny report concludes that a lack of knowledge and understanding of the principles of the Act among key staff is also limiting effective implementation of SDS. The Committee says social workers face a number of constraints which prevent them from taking a relationship-based approach to their work in a way that would enable them to fully implement the principles of SDS.

Other issues highlighted by the Committee include inconsistent application of eligibility criteria by Health and Social Care Partnerships. The Committee concludes that, in many instances, the way current eligibility criteria are applied contradicts the aims and principles of SDS.

While the Committee heard examples of good practice from certain local authority areas, which are offering those in receipt of care more choice using a range of different collaborative initiatives, they say there have been challenges in applying this good practice across the country.

The Committee also concludes that there is an urgent need to establish a process of national oversight and clear lines of accountability across all levels of decision-making to ensure a significantly improved approach to monitoring and evaluation of SDS.

On the report’s publication, Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, said: “While it’s clear from our evidence that stakeholders strongly support this legislation, its implementation has not been consistent across the country.

“During our scrutiny, the Committee has heard that there is a lack of national consistency in relation to information, advice and support to ensure fair and equitable access to social care through SDS.

“We also have concerns over recruitment and retention of the social care and social work workforce, the continued impact of Covid-19 and wider funding constraints across the social care system that are affecting proper implementation of the Act.

“Our conclusion is that the current underlying system of social care delivery based on individual assessment, eligibility and transactional care contracts is incompatible with the principles of SDS.

“The Social Care (Self-directed Support) Act was introduced ten years ago with the intention of empowering individuals to have greater choice and control over the care they receive. However, in too many cases, the principles of SDS are not being observed, meaning individuals are not receiving the care they want or deserve.

“We are calling on the Scottish Government, Local Authorities and Health and Social Care Partnerships to ensure proper implementation of the legislation through greater national consistency, by improving local authority practice and processes, addressing issues around commissioning and tendering, and significantly improving processes for ongoing monitoring and evaluation of the policy.

“We would like to thank all of those who contributed to our post-legislative scrutiny of SDS.”

‘Transformational’ early learning and childcare expansion

More children receiving 1,140 funded hours

More than seven out of ten children in Early Learning and Childcare (ELC) are now receiving the full 1,140 funded hours.

The number of children has risen by 10,510 since February – an increase from 65% to 72%.

The latest data from the Improvement Service shows that at the end of April 2021, 118,068 children were accessing funded ELC. Of these, 102,410 children (87%) were accessing more than the statutory entitlement of 600 hours, and 84,606 children (72%) were accessing 1,140 hours.

Children’s Minister Clare Haughey said: “These figures show we are well on the way to offering all eligible children 1,140 hours of funded ELC from August 2021 –  a transformational policy that will benefit families across Scotland.

“Despite the pandemic having an impact on the construction of ELC facilities and recruitment plans across the country, local authorities have continued to make good progress in expansion plans. 

“At the centre of these plans is the drive to improve children’s outcomes and help close the poverty-related attainment gap, to improve the health and wellbeing of children and parents, and to support parents into work, study or training. I’d like to thank local authorities and all those who are continuing to work at pace to meet our target.”

Councillor Stephen McCabe, COSLA Children and Young People spokesperson, said:  “I welcome the progress that has been made towards the implementation of the 1,140 hours ELC expansion by August. This report shows that significant progress has been made by councils despite the continued challenges of the pandemic, including the national lockdown.

“We know that the additional hours will be transformational with children provided with more time to play and learn, while parents and carers will have more opportunities to work, study or volunteer. We are pleased we are on track for delivery later this year”.

Funded early learning and childcare (ELC) is available to all three and four year olds and eligible two year olds. From August 2021, the entitlement will increase to 1,140 hours a year (30 hours a week if taken term time).

The expansion of funded ELC, originally intended for August 2020, was paused in April 2020 to give local authorities the flexibility to focus on responding to the COVID-19 pandemic.

Early Learning and Childcare Expansion Delivery Progress Report, May 2021 (improvementservice.org.uk)