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Chamber and committees

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 24 November 2024
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Displaying 938 contributions

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Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

We are probably all just a bit jaded this morning.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

I will go through the information on what will come into play with regard to supporting the decision. We commissioned the external research to understand the strengths and weaknesses of practice and where improvements can be made. That research is being procured and it will go alongside a literature review. We will actively gather views from stakeholders, including staff and those with lived experience.

The options appraisal will bring stakeholders together to further co-design and analyse different options, which will result in understanding of the desirability and viability of each option. That will help to inform an in-principle decision in autumn 2023. The final phase is the 12-week public consultation to seek views on the proposed approach. That will commence in late 2023, and it will inform a final decision in around April 2024.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

I have followed many of the evidence sessions. I will be honest with the committee and say that I have not watched all the sessions, but I have had transcripts and summaries, as the committee would imagine. That is my bedtime reading, Mr Greene.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

There is no rush, Ms Mackay.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

No, I do not accept that at all. Again, I will lay that out in some depth in writing.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

As I have outlined already, the establishment of the national care service will have an impact on community justice partners whether or not justice social work is included in the NCS and the national social work agency. That reflects the fact that many community justice partners rely on effective communication and collaboration with other partners across health and social care.

10:15  

I canna reiterate enough that community justice partners are actively involved in the work that we are doing to inform a decision about justice social work. That work and their involvement with it will make it certain that the options appraisal will fully consider the implications and opportunities for improvements across community justice and justice social work. Before the establishment of a national care service, and whether justice social work is included in that service or not, we will continue to look to make improvements because we must get the linkages absolutely right.

There have been a number of calls for the National Care Service (Scotland) Bill, or elements of it, to be paused. However, as I said to the Health, Social Care and Sport Committee yesterday, many people want to see all this moving at pace. I have to strike the right balance with what we are doing, and I think that it is about right. Derek Feeley, the chair of the independent review into adult social care who recommended that we establish a national social work agency, has said that the work should move at pace. Many other stakeholders, particularly the voices of lived experience, want all this to have happened yesterday.

I understand some people’s feelings about the pace of change, but pausing the bill will not stop the work that we need to do to ensure that we get the best outcomes for people. As far as I am concerned, a national care service is the best way forward.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

We have said that we will consult on the issues in question after the research and the options appraisal have been carried out and we have listened to stakeholders. We have committed to doing that.

I say to Ms Clark and to others on the committee that we did not suddenly pluck this out of the air and decide that all this should be in the national care service. We listened to the voices of people with lived experience and to their views and thinking on what they wanted the national care service to deliver.

You are right to say that some stakeholders have said that the evidence base for bringing criminal justice social work and children’s services into the national care service is not as great as the evidence base from the independent review of adult social care that Derek Feeley carried out and made recommendations on. However, in that review, Derek Feeley pointed out the importance of linkages. That is why we are conducting all the work that we are doing at the moment. We have not made a decision about whether children’s services will be in or out of the national care service because we want to have the evidence base and we want to listen to stakeholders.

I will give an example of how stakeholders are involved in informing that decision. Officials have established a reference group that meets regularly to inform and support the programme of work. The stakeholders on that group include the Convention of Scottish Local Authorities, Community Justice Scotland, the Scottish Association of Social Work, Social Work Scotland, the Risk Management Authority, the victims organisation collaboration forum Scotland, the office of the chief social work adviser and the Care Inspectorate. Those research partners will work directly with justice social work staff and their clients to obtain insight into how policies work or do not work, as the case may be, on the ground. In addition, the options appraisal process will include officials making visits to stakeholders around Scotland to ensure that the workforce and people with lived experience have opportunities to participate.

I have made a clear commitment to listen to the voices of lived experience and to ensure that stakeholders are involved. We will continue to listen all the way through until we make the decision one way or t’other. However, I reiterate the point that, no matter whether the services that we are talking about are in or out of the national care service, we must ensure that the linkages are better for people.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

As Ms Clark knows, the bill is a framework bill, which includes provision to move criminal justice social work and children’s services into the national care service if the Parliament agrees to that.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

I expect there to be scrutiny all the way through the process. I have said to numerous committees, and I say to this committee, that we want to be open and transparent about all this. If a decision is taken to move criminal justice social work or children’s services into the national care service, of course there will be scrutiny—there will be scrutiny of the secondary legislation.

As we move forward, we will convey our decisions to the Parliament and to committees for full scrutiny. As I have said to this committee and others, my door is open on all this, because I want to ensure that we get the national care service right for the people of Scotland.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Kevin Stewart

Absolutely. I and my officials have spent a fair amount of time looking at the linkages and listening to the voices of lived experience and stakeholders. I am in regular discussion with Shona Robison on housing and homelessness, and I have had a number of meetings to listen to housing and homelessness stakeholders, as members can imagine. As the former chair of the homelessness prevention and strategy group, that is incumbent on me.

We need to build on some of the good work that we have done in the past on the linkages. As the committee is aware, I introduced the housing first approach, which is a person-centred approach to ensuring that people are housed appropriately and that all the other services come into play around about them. As I said yesterday, I do not have the most up-to-date figures—I should have looked them up last night, but we were busy with other things—but I know that the tenancy retainment rate under the housing first approach has been around 90 per cent, which nobody expected. Why is that? It is because we ensure that housing, social work, health, social care, addiction services and other services work together so that a person-centred approach is taken. If we can do it for housing, we can do it in other areas and ensure that the linkages are right.

Beyond that, legislation is proposed that will cover the public duty to prevent homelessness and get it right for people, which will also be beneficial in ensuring that the linkages become the norm.