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Seòmar agus comataidhean

Health, Social Care and Sport Committee

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

The Health, Social Care and Sport Committee is undertaking an inquiry into how the Social Care (Self-directed Support) (Scotland) Act 2013 has worked since it came into force. This inquiry is post-legislative scrutiny.

The Committee wants to know if the Act is producing the expected outcomes, to what extent, and if not, why not?

The Act

The main provisions of the Act came into effect in April 2014. 

The Act was intended to ensure that care and support is arranged, managed, and delivered in a way that supports choice and control for individuals. 

Four fundamental principles of SDS are built into the legislation:

  • participation and dignity
  • involvement
  • informed choice
  • and collaboration.

All social care in Scotland should be provided in line with the principles set out in the Act.

In addition to the principles, the Act contains a duty on local authorities to offer four options to people who have been assessed as needing a community care service:

  • Option 1: The individual or carer chooses and arranges the support and manages the budget as a direct payment.
  • Option 2: The individual chooses the support, and the authority or other organisation arranges the chosen support and manages the budget.
  • Option 3: The authority chooses and arranges the support.
  • Option 4: A mixture of options 1, 2 and 3.

The Committee's scrutiny

The Committee agreed a two-phase approach to its post-legislative scrutiny:

  • Phase 1 to be undertaken between October 2023 and February 2024
  • Phase 2 to be undertaken March 2024 onwards

Call for views (closed)

The Committee's call for views was open for submissions between 3 November 2023 and 12 January 2024.

Read the responses on Citizen Space

Read the summary of the call for views (577KB, pdf) posted 15 February 2024

Meetings

The inquiry was discussed at the following Committee meetings:

Engagement

Phase 1

The Committee worked with several stakeholder organisations to carry out the following activities: 

  1. Informal briefing to the Committee on 14 November 2023.
  2. Five Informal engagement groups to develop their recommendations on the future implementation of SDS. Individuals from these gave evidence to the Committee on 20 February 2024. Read the recommendations from the informal engagement workstreams
  3. The Committee's call for views was open for submissions between 3 November 2023 and 12 January 2024.

Phase 2

The Committee completed phase 2 of its scrutiny during June 2024 with four oral evidence sessions exploring: 

  • implementation of SDS by Health and Social Care Partnerships and Local Authorities
  • outcomes and actions set out in the SDS improvement plan
  • monitoring and evaluation of SDS
  • evidence from the Scottish Government

Committee report

Phase 1

The Committee published its phase 1 report on 3 May 2024.

Read the phase 1 report

Phase 2

The Committee published its phase 2 report on 9 September 2024.

Read the phase 2 report

Correspondence

The Committee has sent and received the following correspondence during the inquiry:

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Correspondence from Angus Health and Social Care Partnership following the publication of the Committee’s phase 2 report, 24 December 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Correspondence from COSLA following the publication of the Committee’s phase 2 report, 20 December 2024

Letter from East Dunbartonshire Council in relation to the Committee's post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

East Dunbartonshire submission to HSCS Committee, received 25 November

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Letter from the Minister for Social Care, Mental Wellbeing and Sport following her giving evidence on 26 June, 16 July 2024

Appreciative Inquiry resource pack

Letter from Healthcare Improvement Scotland following their giving evidence on 18 June, 2 July 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Letter from Clackmannanshire and Stirling Health and Social Care Partnership following their giving evidence on 11 June, 21 June 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Letter from Self Directed Support Scotland following their giving evidence on 4 June, 18 June 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Letter from Social Work Scotland following their giving evidence on 4 June, 17 June 2024

National SDS Collaboration evidence statement

Letter from Self Directed Support Scotland on behalf of the National SDS Collaboration to the HSCS Convener concerning post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013, 17 June 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013

Letter from Inspiring Scotland following their giving evidence on 4 June, 14 June 2024

Examples of self-directed support

Letter from Key concerning good practice examples of self-directed support, 3 May 2024

Post-legislative scrutiny of self-directed support

Letter from the Minister for Social Care, Mental Wellbeing and Sport to the HSCS Convener concerning post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013, 13 December 2023

Post legislative scrutiny of self directed support

Letter from the HSCS Convener to the Minister for Social Care, Mental Wellbeing and Sport concerning post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013, 3 November 2023