Care Inspectorate Updates (11th January 2012)
Information direct from Care Inspectorate:
Decision to regrade that fail submit an annual return
"The care Inspectorate has decided that, where a service does not submit an annual return by the final submission date of 20th February 2012, without a satisfactory explanation having been agreed beforehand with their inspector, one of the Quality of Management and Leadership Theme will be re-graded to unsatisfactory (1). This will cause the Quality Theme to be re-graded overall as unsatisfactory.
The decision was taken in the context of changes to the way that we regulate services, such as reducing the frequency of inspection in many services. This highlighted the importance of making sure that we gather as much information as possible from a variety of resources, which include the annual return. By law, under the Public Services Reform (Scotland) Act 2010, section 54(6), all providers that are registered with the Care Inspectorate mus provide us with the information we consider we need in order to help us plan and carry out inspections effectively. Importantly, thus will result in better outcomes for people who use services. The information given to us will also help reduce the number of questions other organisations, such as the cottish Government and Scottish Social Services Council, may need to ask in future." Further information
Infection Prevention and Control in Childcare Settings
Revised health guidance now includes the amendments to the Infection Prevention and Control in Childcare Settings document produced by Health Protection Scotland.
It is aimed at relevant service providers (excluding schools and outdoor nurseries) although some elements will apply to all services, to the public who use such services and Care Inspectorate staff involved in regulatory activities. It explains how the national guidance document should be used, how it maps to the regulations, national care standards and quality theme, includes lessons from regulatory activities, useful references and websites.
It may be useful to include the guidance to your infection prevention and control folder or documents. Further information
Guidance on staff rights ahead of potential strike action & winter weather (22nd November 2011)
Ahead of potential strike action or winter weather which may affect services through the closure of premises, please read ALL the following information carefully. Please ensure that staff contracts and contracts with parents reflect the situations and information below with respect to payment of wages, time-off, annual leave and fees.
If you cannot get to work because of travel disruption, for example strike action, severe weather conditions or other disruption, you need to find out what your rights are. Your employer might ask you to take a day's annual leave or you could reach another agreement.
Talk to your employer
If you cannot get to work because of travel disruption you should talk to your employer. Try to reach an agreement with them about how the day is treated, most employers are flexible.
You could also check your employment contract, staff handbook or intranet to see if that outlines your rights. If it does then your employer should follow this.
Annual Leave
Your employer can decide when some or all of your statutory (legal) holiday entitlement must be taken. However, you are entitled to a minimum notice period before taking statutory leave. The notice period is double the length of period of leave your employer would like you to take. For example, if your employer wants you to take one day's leave, they must give you two day's notice.
If your employer gives you additional holiday leave over the statutory minimum (called contractual holiday entitlement) then there are no rules on how they ask you to take this. They could require you to take a day's contractual holiday entitlement if you cannot travel to work due to the disruption.
Unpaid Leave
Your employer could suggest that you take a day of unpaid leave if you are unable to travel to work. However, unless this is included in your employment contract, they cannot force you to. Your employer must have your permission before making a deduction from your pay for unpaid leave.
You could choose to agree to this with your employer. It might be beneficial if, for example, the alternative is using a day's contractual holiday leave.
Working Flexibly
If you cannot travel to work your employer may suggest that you work flexibly. For example, they could ask you to work from home or make up the hours at a later date.
If you do not already work flexibly under your employment contract then your employer cannot force you to work flexibly. However, you could choose to agree to this with your employer.
Time off to look after children
The reason you cannot get to work may be because your child's school is closed or your normal child care arrangements are disrupted. In these cases you probably have the right for time off to look after them.
Your employer does not have to pay you for this.
Equal treatment
Your employer must treat all employees and workers equally. If your employer offers the option of unpaid leave or flexible working this should be available to all workers - regardless of whether you are full time or part time.
If you are an agency worker, you should speak to your employment agency about your rights.
Workplace Closures
If no work is available to you (eg the office has closed and you do not work at home) then your employer cannot dock your pay or require you to take annual leave.
Where to get help
ACAS helpline: 08457 747 747
For help on your employment rights during travel disruption contact the ACAS (the Arbitration, Conciliation and Mediation Service) helpline. They offer free, confidential and impartial advice on your rights at work.”
(Information accessed on 22/11/11)
Funding for Qualifications - information (10th November 2011)
Did you know that Scottish Social Services Council (SSSC) has information about ways to pay for learning?
The SSSC produces a summary document called the Funding Update which provides information on sources of funding available in 2011-12 to help with the costs of courses which organisations delivering childhood practice, social work, social care and support services can apply for.
The Funding Update is available on the SSSC’s website and will be useful for employers, employees, students, learning providers, stakeholder organisations and those commissioning services. Wendy Johnston, Project Officer with the SSSC, is responsible for identifying relevant funding sources, clarifying the eligibility for the sector’s workforce and can advise on what funding is available to support employee development.
Wendy also promotes other useful funding details and support for education initiatives in regular articles in the SSSC’s monthly eBulletin and Newsletter. To subscribe please email: enquiries@sssc.uk.com
Many of the funding sources which are highlighted in the SSSC’s monthly eBulletin have been identified by Funding Scotland which is a hub of information well worth exploring. Funding Scotland is a social enterprise which sign posts funding opportunities for charities, community groups and businesses in Scotland. To find out more please visit:
Name change from SCSWIS to Care Inspectorate & interim Peripatetic Manager Policy (5th October 2011)
On the 15th September Nicola Sturgeon, Cabinet Secretary for Health, announced a change of
the everyday name from SCSWIS to the “Care Inspectorate”. Although the formal name, Social Care and Social Work Improvement Scotland (SCSWIS) is set out in legislation and so will not change, in all day-to-day business the regulatory body will be known as the "Care Inspectorate"
Interim Policy on Peripatetic Managers in Daycare of Children’s Services
Context and purpose
The previous regulatory body the Care Commission was asked by umbrella organisations such as
SOSCN to consider the role of peripatetic managers i.e. managers who are responsible for more
than one day care of children’s service and are therefore not present at all times during service
operation. This interim policy has been written to clarify in what circumstances a peripatetic
manager (manager of more than one care service) would be acceptable to the regulator. This
interim policy was revised following extensive consultation and implemented by the Care
Inspectorate from September 2011.
The Care Inspectorate is currently developing a new children’s services inspection methodology
for piloting during 2012/12. This interim policy will be reviewed as part of that process.
Interim Policy
Peripatetic managers of day care of children services will be acceptable to Care Inspectorate
where the provider can demonstrate continuing compliance with the relevant regulations,
National Care Standards and any conditions of registration and, most importantly, good
outcomes for children. The interim policy has been written to outline circumstances where the
Care Inspectorate will consider the application of a peripatetic manager in services.
Change to minimum wage from 1st October 2011 (5th October 2011)
National Minimum Wage (NMW) Rates
There are different levels of NMW, depending on your age and whether you are an apprentice. The current rates (from 1 October 2011) are:
£6.08 - the main rate for workers aged 21 and over
£4.98 - the 18-20 rate
£3.68 - the 16-17 rate for workers above school leaving age but under 18
£2.60 - the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship
If you are of compulsory school age you are not entitled to the NMW. Some of your other employment rights are also different.
SOSCN CEO's response to "Making Work Pay" Report by Save the Children and the Scottish Governments "Programme for Scotland 2011 - 2012 (8th August 2011)
I strongly welcome the recommendations set out in Save the Children's “Making Work Pay” report out yesterday, which sets out how parents in Scotland, especially those on the lowest incomes, find it difficult to move into employment due to the lack of affordable and available good quality childcare. To deal with this situation the report recommends the delivery of subsidised good quality childcare places, including out of school care and school holidays care places for the lowest income families. This report also shows that childcare tax credits are still not enough to help make work pay in terms of supporting childcare costs, so there needs to be additional help in subsiding childcare for lower income families.
I have a great deal of sympathy for parents struggling to cover childcare costs, which are the highest in Europe; at the same time I also know that school age childcare and holiday services are increasingly vulnerable to cuts in any core subsidies they might still receive, indeed many now only survive on fee income alone as staff wages are kept low; despite the requirement for higher level qualifications they are now working to achieve; essential both for quality services and their professional identity.
Subsidising out of school and holiday places for the lowest income families would have the benefit of providing socially excluded children with opportunities for play and learning in their community, for helping their parents take up training and work opportunities, which, in turn, helps breaks the cycle of deprivation for both families and communities, both for the short and long term.
These steps are essential to deliver the Scottish Government’s programme of government, also announced yesterday, which includes commitments to early years preventative spending and to ensure the UN Convention on the Rights of the Child 1989, (UNCRC) is fully supported in legislation. These are welcome commitments to the wellbeing of all of Scotland’s children, and their families, now and for their future, but as ever, the devil will be in the detail, of how this will be achieved.
Intervention and support in the earliest years needs to be sustained beyond preschool for many children and families. It should be recognised that investment in school age childcare is also an integral element of the preventative spending required for the early years strategy, by breaking the cycle of deprivation which leads to poor future outcomes in terms of health, well being, educational and economic participation. This cycle of deprivation also exclude children from participation in play, learning and educational opportunities, in their day to day lives, in the here and now.
If the Scottish Government is truly committed to the UNCRC, they should ensure that the childcare needs of school age children are fully included in the development and delivery of early years preventative spending and strategies, and if they are committed to ensuring that work pays for parents, then the issue of subsidising childcare at source for low income families has to be more fully addressed.
Irene Audain, SOSCN CEO
Updates from SSSC, SCWIS & Scottish Government (2nd August 2011)
Scottish Social Services Council (SSSC)
Useful guidance and information for social service workers
The SSSC has recently published 2 guidance documents:
"Reporting poor practice- guidance and information for social service workers"
"Using social media- guidance and information for social service workers"
The social media guidance refers to social networking and file sharing sites like Facebook, Twitter and YouTube, and gives guidance on how you might approach such sites to limit the blurring of boundaries between professional and private lives and adhere to the SSSC Codes of Practice.
Records registered services must keep
SCSWIS has produced a document containing a list of all legal records that registered services should have- we would suggest that services download this document for reference.
Protection of Vulnerable Groups: Guidance for Regulators and Providers
A useful summary of the PVG scheme guidance, which provides an overview of the requirements and implications for regulation.
Both the above documents can be downloaded from SCSWIS
Co-operative Membership Community Fund
Community Fund grants, between £100 and £2,000 are awarded to community, voluntary, or self-help groups to run projects that meet the following criteria. To be successful, a group must:
Carry out positive work in the community
and a project must:
address a community issue
provide a good long-term benefit to the community
support co-operative values and principles
ideally be innovative in its approach.
Out of school care groups in the past have used this grant to cover the cost of participating in Aiming High Scotland Quality Assurance Scheme.
The Scottish Out of School Care Network interviewed out of school care staff members, children and parents about the benefits and importance of out of school care in Scotland. Please feel free to use this video when promoting and campaigning for out of school care within your local area.