Meeting of the Parliament 04 February 2016
I fully support the intention behind the amendments. I see great merit in carer centres and other third sector organisations being involved in the preparation of adult carer support plans and young carer statements. Rhoda Grant set out a couple of examples of why that might be appropriate. It should be said that such organisations are already doing a good job of carrying out carers assessments in some areas. I should of course add that local authorities more often than not do a good job in relation to those processes, too.
Having said that I support the intention behind the amendments, I have to say that there is no need for them. That is because section 35, “Assistance by voluntary organisations etc”, already allows local authorities to make arrangements with organisations that can assist with the carrying out of those functions. It does that by way of an amendment to section 4 of the Social Work (Scotland) Act 1968. That provision allows local authorities to make arrangements with voluntary organisations, other people or other local authorities to assist in the performance of listed functions. Section 35 of the bill amends the list of functions in section 4 of the 1968 act in order to cover functions under parts 2 and 6 of this bill, including the preparation of adult carer support plans and young carer statements.
Crucially—this is why I oppose the amendments and hope that Rhoda Grant will withdraw them—amendments 22 and 25 would cast doubt on a local authority’s ability to make similar arrangements with the third sector in relation to other functions under the bill, or, indeed, other social care functions. For example, the responsible local authority might want the third sector to be involved in the establishment and maintenance of an information and advice service and the provision of support to carers. If we emphasise the third sector’s role in one area alone, that could lead to a danger of a legal interpretation that concluded that that was the only area in which the Parliament wanted functions to be delegated to the third sector. I do not believe that that is the outcome that Rhoda Grant hoped for.
I certainly appreciate that there are concerns about delegation and conflicts of interests and about whether the third sector can offer the self-directed support options and so on. It is my intention to issue comprehensive guidance on the matter. The national carers organisations, local authorities, the Convention of Scottish Local Authorities and others will, of course, be involved in the production of the guidance.
Having said that I support the intention behind the amendments, I hope that Rhoda Grant will recognise the potential dangers behind the amendments, accept the concerns that I have set out and agree to withdraw amendment 22 and not move amendment 25.