Regulation of Care Act (Scotland) 2001

Key legislation-principles and provisions

This Act established both the Scottish Commission for the Regulation of Care (Care Commission), which regulates and inspects care services in Scotland and the Scottish Social Services Council, which regulates the workforce.

In 2011, the regulatory system is set to change as the Public Services Reform (Scotland) Bill proposes to dissolve both the Care Commission and Social Work Inspection Agency (which regulates local authority social work services) and set up a new scrutiny body, the Social Care and Social Work Improvement Agency (SCSWIS), which will bring together the functions of both existing bodies.

The regulator registers and inspects services against a set of National Care Standards. The standards are written from the perspective of a person who uses services and set out what can be expected from a service.

The Standards are based on a set of principles. The principles are:

  • Dignity

  • Privacy

  • Choice

  • Safety

  • Realising potential

  • Equality and diversity.

Connection to human rights

Which key Articles of the Convention?

The National Care Standards reflect all the key Articles of the Convention, but in particular the following Articles are protected by the Standards and system of regulation and inspection:

Article 2 - the right to life

Article 3 - prohibition of torture and inhuman or degrading treatment

Article 8 - right to respect for private and family life, home and correspondence

Article 5 - the right to liberty and security of person

Article 14 - the right to non–discrimination.

Which underlying principles?

The PANEL principles of articipation, ccountability, ondiscrimination and equality, mpowerment and egality are broadly reflected in the Act.

In particular the Act is about strengthening accountability for respecting human rights and the empowerment of people using care service to know their rights as set out in the Standards.

Dignity, privacy, choice, safety and realising potential are all core human rights principles which are reflected in particular in the protection of Article 8 and Article 3 of the Convention. The underlying principles of equality and diversity are reflected in Article 14 of the Convention.