Hansard

The Convener SNP

The next item on our agenda is consideration of a second affirmative instrument. This draft statutory instrument requires approval by resolution of the Parli...

Tom Arthur SNP

Thank you for the invitation to discuss this instrument.Like everyone, I am sure, I have been profoundly moved by the brave campaigning of the care home rela...

The Convener SNP

Thank you for that opening statement, minister. We have a number of questions, and I will go first to Sandesh Gulhane.

Sandesh Gulhane Con

I declare an interest as a practising NHS GP.Is the designation of an essential care supporter a statutory right for residents, or is it at the discretion of...

Tom Arthur SNP

That is set out clearly in the regulations. I would draw the committee’s attention to the following regulation, which says that“A provider of a care home ser...

Sandesh Gulhane Con

Who holds the ultimate clinical responsibility for risk decisions—the provider or public health authorities?

Tom Arthur SNP

In what regard?

Sandesh Gulhane Con

In saying that an essential care supporter cannot come into a care home.

Tom Arthur SNP

Just for clarification, Dr Gulhane, are you talking about a scenario in which no visits at all would be possible?

Sandesh Gulhane Con

Yes.

Tom Arthur SNP

In such a situation, there would have to be consideration of the balance of rights. We would be talking about an exceptionally extreme set of circumstances i...

Fiona Hodgkiss (Scottish Government)

Ultimately it would be the provider—the care home—that would take the decision and it would not do that in isolation. It would do it on the advice of the loc...

Sandesh Gulhane Con

It is, yes. If a resident has dementia and they have designated one child as their ECS and another child disputes that years later after a falling out, who m...

Fiona Hodgkiss

There does not have to be just one ECS. That is clear in the regulations and the code of practice. A resident may choose more than one.In that situation, it ...

Sandesh Gulhane Con

The issue is that family dynamics are liable to change. For example, if one child is away, it is quite reasonable for the other child to be nominated as an E...

Fiona Hodgkiss

The key point is that a flexible approach needs to be taken that is based on the needs and circumstances of the resident. If it is appropriate for somebody e...

Sandesh Gulhane Con

Obviously, the legislation has come about through exceptional circumstances, and the concern is that, if such circumstances were to happen again, the protect...

Brian Whittle Con

I note that regulation 3 does not define what facilitation is required in practice. Can you clarify the definition of the expected actions that a care provid...

Tom Arthur SNP

I will ask officials to come in on that in a moment. However, I will highlight—this might also come up in subsequent questioning—that a lot of the operationa...

Jennifer Gilmour (Scottish Government)

That was one of the things that came up during the consultation that we carried out on the regulations. People were looking for a bit more detail on what som...

Brian Whittle Con

We are talking about a future code of practice that will not be legally binding. Are there concerns about how it might be implemented?

Jennifer Gilmour

The code of practice has a statutory basis and represents the operationalisation of the regulations, giving it a very strong foundation. The Care Inspectorat...

Brian Whittle Con

If the Care Inspectorate is inspecting against a code of practice that is not legally binding, what enforcement powers would it have?

Jennifer Gilmour

The code is based in law, which is obviously legally binding. The Care Inspectorate can take enforcement action against care homes. Ultimately, it can alter ...

Emma Harper SNP

Good morning. We have reviewed information on the suspension of visiting, which was raised in various written submissions. The submission from Dumfries and G...

Tom Arthur SNP

In those circumstances, it would be for the provider to respond to the specific events and context that led to the decision being made. Regulation 4 says:“A ...

Fiona Hodgkiss

I will make two points. First, providers have responsibility for taking those decisions. Secondly, they are not doing that in isolation; they are taking advi...

Emma Harper SNP

The suspension of visits arose because of the Covid pandemic. That was an international health crisis, as opposed to a local issue, such as a norovirus outbr...

Fiona Hodgkiss

Many of the decisions that are taken on a local, day-to-day basis are simply about what is happening locally. The decision might relate only to that care hom...

Emma Harper SNP

Engagement is required between all the professionals involved, including Public Health Scotland, local authorities and health and social care partnerships, b...