shrcregulationofcareinquirysubmissionaug2011.doc - Response to Call for Evidence issued by the Health and Sport Committee Inquiry into Regulation of

shrcregulationofcareinquirysubmissionaug2011.doc - Response...

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Response to Call for Evidence issued by the Health and Sport Committee Inquiry into Regulation of Care for Older People The Scottish Human Rights Commission The Scottish Human Rights Commission was established by The Scottish Commission for Human Rights Act 2006, and formed in 2008. The Commission is a public body and is entirely independent in the exercise of our functions. The Commission mandate is to promote and protect human rights for everyone in Scotland. The Commission is one of three national human rights institutions in the UK, along with the Northern Ireland Human Rights Commission and the Equality and Human Rights Commission. Introduction The Commission welcomes the opportunity to provide evidence to the Health and Sport Committee on whether the regulatory system ensures care services for older people are providing good quality and appropriate care. The starting point for the Commission’s response to this inquiry is that good quality and appropriate care must comply with human rights law and best practice. The regulator body, Social Care and Social Work Improvement Scotland (SCWSIS), as a public body must comply with the rights set out in the Human Right Act (The Act) (s6) and similarly most services must also comply with the Act. Furthermore the legal and regulatory framework related to older peoples care must be interpreted in accordance with European Convention rights in light of the Human Rights Act (s3 of the Act). The Commission believes an increased understanding of how human rights relate to the role of SCSWIS and to older people care service delivery will assist in ensuring good quality, person centred and appropriate care. This is supported by the evaluation report findings of the Commission’s work on older people’s care- “Care about Rights”. Working with care providers, the former Care Commission, Scottish Care, Age Scotland, service users and others to develop the “Care about Rights” training package assisted the Commission to identify where human rights can add value to improving service delivery and strengthen the effectiveness of the scrutiny and regulation. Legal Framework The key human rights framework protections relevant to this response are: The European Convention on Human Rights The Human Rights Act 1998 The Scotland Act 1998 Universal Declaration of Human Rights International Covenant on Economic Social and Cultural Rights Convention on Rights of Persons with Disabilities Can we be confident that the regulatory system is picking up on care services where the quality of care is poor?
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The Commission welcomes the architecture of regulation, scrutiny and improvement that we have for older people’s services in Scotland as an important and necessary part of ensuring human rights standards are met. There are nevertheless examples of poor practice which are picked up by a range of organisations, the media or through the complaints processes of the regulator and others which illustrate that
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