An update on the National Care Service (NCS) Bill from SASW

Still little clarity on the future of the NCS Bill

In June of 2023, the Scottish Government, and the Confederation of Scottish Local Authorities (CoSLA) agreed to work together based on the presumption ‘national by agreement, local by default’. This means that the transfer of functions, local authority staff and assets to a National or local Care Board is no longer in the Bill. The Health, Social Care and Sport Committee asked the Minster, Maree Todd, to clarify the implications of this agreement on the NCS Bill before submitting the committee’s report. The report triggers the next stage which is the parliamentary debate on the overarching principles to complete stage 1. 

The NCS Bill is intended to transform the delivery of social work and social care. The Scottish Association of Social Work (SASW) has been lobbying intensely to ensure that social work is central to discussions about social care and to ensure that social work specialisms remain together as a single profession within the NCS. A key tool to enable that to happen is the National Social Work Agency, an essential safeguard for the profession especially now that the opportunities to find national solutions for national challenges may be limited. 

The Bill has not been redrafted to reflect these significant changes. In December 2023, Minister Todd wrote a letter to the Health and Sport Committee and a revised Financial Memorandum was issued. 

The Minister’s letter to Health and Sport Committee 6th December 2023

Ms Todd’s letter states that the Government will pursue amendments at Stage 2 that will do the following:

  • Remove section 26 (compulsory purchase powers in the event of creating specialist national services)
  • Remove section 27 (power to transfer functions from local authorities).
  • May add the National Social Work Agency to the face of the bill at Stage 2 but that will not be confirmed until Government amendments are provided to the Health and Sport Committee.
  • Amend the Public Bodies (Joint Working) (Scotland) Act 2014 to reform Integration Authorities (IAs) to undertake the duties of the proposed Care Boards.

Ministerial response to the Finance and Public Administration Committee and The Financial Memorandum 12th December 2023

Ms Todd also wrote to the Finance and Public Administration Committee with an updated financial memorandum which added the following:

  • The NCS Bill as introduced will not be amended before Stage 2
  • The costs documented are only those which ‘arise from the bill’. This excludes costs for existing services
  • Voting powers for lived experience representatives on the National Board
  • A description of the intended membership of the National Board and Integration Authorities which will not be enshrined in primary legislation
  • A proposal for consistent schemes of delegation 
  • An option for Integration Authorities to combine should that be beneficial
  • Justice social care, but not justice social work, could be commissioned on a national basis

Impact on the National Social Work Agency (NSWA)

If the Bill is not passed by Parliament, other options for creating an NSWA would need to be looked at in this case, options might include either establishing NSWA within Government without the need for legislation, as was the intention in the original Policy Memorandum, or the NSWA could be attached to another Bill going through the Parliament. Whilst SASW would strongly prefer a formally legislated NSWA not subject to the whim of future administrations via regulations, we expect the work towards delivery of an NSWA to continue whether or not the NCS Bill is passed. 

SASW’s position

As the professional body for frontline social work, we have some concerns about the proposed changes:

  • There is still no decision whether children’s and justice services will be part of the NCS. Our view remains that adult support services are integral to these social work specialisms and not bringing them into the NCS risks fracturing the social work profession, making it less effective and more complicated for individuals and families.
  • The multiplicity of schemes of delegation are likely to remain for the at least the short term, which means the differences of approach and interpretation of the legislation will continue. We would prefer a single scheme that was applied across all IAs.
  • We recommend that the reformed Integration Boards have a social work representative on them.
  • We remain frustrated that the focus remains on structure and governance rather than improving experiences for people who need support and those who work with them. 
  • This framework bill has little detail. Government states this will be created through secondary legislation (regulations). We recommend that the Government reconsider their approach to ensure the highest degree of scrutiny is applied to what is a landmark bill. 

Continued austerity and the lack of investment in social work is leading to too many leaving the profession. This can only be resolved by investing now in staff and resources that can reduce demand for social services, and health care in the future. That’s why we are campaigning for improved working conditions for social workers.