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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 18 April 2025
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Displaying 671 contributions

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Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 8 October 2024

Gillian Mackay

Good morning. We have been discussing a few of the things that everybody has some concerns about, but there are parts of the bill that people agree should be implemented. There have been delays in the implementation of Anne’s law—we have heard from relatives of care home residents regarding their concerns about implementation. Pending the implementation of Anne’s law, are the two new health and social care standards that were introduced in 2022 sufficient to ensure that care home residents can maintain meaningful connections? Why have there been delays? What else could be done to support the implementation of Anne’s law?

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

The reference to the charter in the bill remains that it is to be a

“charter ... of rights and responsibilities”—

as in the Patient Rights (Scotland) Act 2011. In witnesses’ opinion, for whom or what bodies should responsibilities be made explicit in the bill? I go back to Karen Reid.

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Good morning. Quite a few of my questions will be for Rosemary Agnew, but if anybody else would like to come in, that would be brilliant.

The sections in the bill that relate to complaints have not really changed between the bill’s introduction and the provision by the Scottish Government of its proposed stage 2 amendments. What would the implications be of establishing a new complaints process as part of the national care service? How should issues of duplication or other potential issues related to the creation of a new complaints process be addressed?

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

That was useful.

The complaints landscape is already quite cluttered, so adding a new complaints process will have practical implications. I have said all along that the devil will be in the bill’s implementation. Do you think that having an extra complaints body would cause issues? Is it more a case of replicating the work that you mentioned about how different bodies work together to make sure that complaints are resolved and that people feel supported, or are we reaching a critical mass with regard to the number of bodies for people to complain to, whereby the process is becoming so complicated that it is impenetrable?

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Good morning. The Law Society of Scotland and other stakeholders have expressed concerns that the charter that is in the bill lacks legal status and overlaps with existing documents such as the national care standards. How could the charter be strengthened to provide meaningful legal protections and ensure that it serves as a clear and enforceable pathway for service users to uphold their care and human rights?

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Good morning. In the previous session, Rosemary Agnew in particular spoke to us about the complaints process and the fact that it has not really changed between the introduction of the bill and the proposed stage 2 amendments. How can we improve the cluttered landscape of complaints processes and make those processes accessible for people who need support as a result of their experiences with social care?

I go to Jan Savage first.

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Thank you—that was useful.

I will return to the idea of advocacy, which is mentioned in the bill. In your opinion, should the part about complaints be changed in order to better integrate advocacy, or should the sections of the bill that deal with advocacy be changed to better reflect expectations about how people will be helped to navigate the process? We have heard from a lot of people that the provision of information is an important part of the advocacy role and that it gives people the tools that they need to navigate what is, as you have shown, a complicated system.

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Absolutely—the culture aspect with regard to complaints is important. I suppose that there is only so much that the bill can do to get us to where we want to be on that. Other colleagues might want to cover that point.

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

Yes—that would be really helpful.

I will go a wee bit further into that. The charter of rights and responsibilities is in the bill, but—as you rightly said—we need to ensure that it has some real effect. Which bodies should have responsibilities within that? Should that be made explicit in the bill in order to help people to see where the responsibilities flow and to whom they should speak? Should we demystify the structures for the people who access social care?

Health, Social Care and Sport Committee

National Care Service (Scotland) Bill: Stage 2

Meeting date: 1 October 2024

Gillian Mackay

We have heard from some people that, if social care was operating at the level that we would wish for—if there was no delayed discharge and nobody was waiting for assessment—provision of advocacy and information might not be needed. Will you outline why the right to advocacy and information is so integral to ensuring that people’s right to social care support can be realised?