The Care Inspectorate’s crystal ball doesn’t work!


There is distrust of Scotland’s Care Inspectorate among owners and managers of well-resourced care homes for older people which deliver a consistently-high standard of care – where the owner has a background in nursing or care and plays a key role in the provision of care or where residents in commercially-viable care homes can enjoy the benefits of a care group’s economies of scale.
With justification, care professionals question the effectiveness and judgement of a social care regulator staffed by inspectors with “soft skills” who can, the Care Inspectorate claims, “somehow, sense” when something isn’t right on inspections when it should be hiring staff with experience in the fields of regulation and compliance and people with technical and analytical expertise which no professional regulator can do without.
The resulting opinion-based decision-making by poorly-trained Care Inspectorate staff leads care professionals and lay experts to conclude that the Care Inspectorate fails to act fairly, impartially, or consistently when it shames publicly one care provider but not another, when things go wrong; when it exposes the hygiene standards of one while stonewalling disclosures of abuse brought against another; when it turns up only after the event, when it is too late … if, that is, it turns up at all.
In the inspection year 2020/21, the Care Inspectorate investigated only 6% of complaints about care provision and, as BetterCareScotland data show, during the Covid-19 lockdowns, the Care Inspectorate chose to conduct routine inspections of well-run care homes for older people but failed to inspect care homes about which serious and verifiable complaints had been made.
What care providers say about the Care Inspectorate
In evidence to Scotland’s Parliament in 2020, care providers raised serious concerns about Scotland’s social care regulator. Typically, they felt:
“Inspectors do not demonstrate expertise or hard knowledge of the care provider’s operations.”
“There should be more frequent communication & direct contact.”
“The Care Inspectorate needs to engage directly with service users.”
“Does not understand the business model & sustainability.”
“The Care Inspectorate has to move beyond the rhetoric.”
These are reasonable expectations … regulated social care providers in Scotland do, after all, fund the sector’s regulator!
BetterCareScotland’s own analysis finds Scotland’s social care regulator has a consistently-high fail-rate in identifying and targeting those care homes which pose the greatest risk to the wellbeing of residents and staff.
This leads us to ask if Scotland’s Care Inspectorate serves any meaningful purpose for service users and if its poor track record in uncovering issues in the delivery of care and improving care outcomes is by design or outcome – for Scotland’s Care Inspectorate does not operate in a vacuum.
Using data, which we update daily, we test the hypothesis that the Care Inspectorate is fair and consistent and identifies the key risks in residential care provision for vulnerable children and older people in Scotland.
We find ill-discipline and evidence of confirmation bias in the radical differences in approach taken by those who inspect the independent boarding school sector. This should concern the schools themselves let alone the parents and guardians of pupils who are expected to, indeed, have no choice but to rely on Care Inspectorate inspection reports to fully reflect the facts.
And, our data indicate that, when things go very badly wrong for the most vulnerable – typically, women – in care homes for older people, the Care Inspectorate fails to act independently of Councils when the root cause of neglect or abuse is the Councils’ failure to comply with their obligations under the National Care Home Contract. We hypothesise that Councils take all reasonable steps to comply with their duty to provide ‘Best Value’ in their use of public money to keep in business independent care home owners with whom they contract.
BetterCareScotland asks, also, if the Care Inspectorate fulfils its statutory obligation to act independently of councils in High Level Investigations or if it is incentivised to close ranks and follow the councils’ lead. And, therefore, if the Care Inspectorate in its current form adds any value whatsoever to social care delivery and provision for people in Scotland.
BetterCareScotland finds that Scotland’s Care Inspectorate has lost its way and the trust of the social care sector, people receiving care and their families!
The Care Inspectorate lacks both economics, analytical, and technical expertise and risk management and compliance experience without which no professional regulator in any sector can function.
We find that, where a professional regulator would use its own resources and refine over time its data and processes to better identify and respond to the risks of registered services, the Care Inspectorate claims to be “intelligence-led” which means, in practice, that it depends entirely on outsiders to flag issues of which it would otherwise be unaware and then proceeds to second-guess them!
In effect, the Care Inspectorate has outsourced its responsibilities – with clear implications for people’s welfare and human rights – without a reduction in headcount.
To receive by email a copy of BetterCareScotland’s, February 2021 research paper for Scotland’s Parliament,
HOLDING SCOTLAND’S CARE INSPECTORATE TO ACCOUNT?
A critical evaluation of Parliament’s scrutiny of Scotland’s social care regulator!
please click here.
BetterCareScotland’s data, from the lived experience of our subscribers – service users, their family members and friends together with residential care staff, former and in-post social workers, and Care Inspectorate staff who dare not blow the whistle for fear of the consequences – show that Scotland’s Care Inspectorate lacks the professional expertise expected of a competent regulator.
By actively seeking to recruit people with “soft skills” when risk management, governance, regulatory and compliance expertise and technical and analytical skills and experience are needed, we find a Care Inspectorate with historical leadership issues and an organisation which fails to meet its intended purpose..
It leads us to question whether Scotland’s Care Inspectorate plays a meaningful role in uncovering issues in the delivery of care and if this is by design or outcome – for Scotland’s Care Inspectorate does not operate in a vacuum. Our subscribers’ experiences suggest that the Care Inspectorate fails to act independently of local authorities when things go wrong.
We test the hypothesis that the Care Inspectorate is fair and consistent and recognises the key risks to children and older people in residential care in Scotland for we find evidence of it failing to target commercially-unviable care homes for older people that are strategic-fits for Councils which put cost before quality of care despite the risks to residents and care home staff even when things go badly wrong. And, we find an inconsistency of approach by inspectors of the independent boarding school sector which should be of great concern for the parents and guardians of boarders.
BetterCareScotland asks, also, if the Care Inspectorate fulfils its statutory obligation to act independently of local authorities in High Level Investigations or if it is incentivised to close ranks and follow the local authorities’ lead. And, therefore, if the Care Inspectorate in its current form adds any value whatsoever to social care delivery and provision processes for older people in Scotland.
SCOTLAND’S HIPPY DIPPY CARE INSPECTORATE
A former chief executive of Scotland’s Care Inspectorate claimed that the “soft skills” of the Care Inspectorate’s staff enable them, in some hippy dippy way it seems, to “sense” when things don’t feel right on inspection visits to care homes for older people in Scotland.
BetterCareScotland’s data show that the Care Inspectorate’s crystal ball doesn’t work!
Email BetterCareScotland for a copy of our February 2021 research paper for Scotland’s Parliament,
HOLDING SCOTLAND’S CARE INSPECTORATE TO ACCOUNT?
A critical evaluation of Parliament’s scrutiny of Scotland’s social care regulator!
SO LAST CENTURY
In general, our data indicate that the Care Inspectorate’s philosophy, operations and methods are ‘so last century’. By way of example, during the pandemic, the Care Inspectorate produced fortnightly reports for Scotland’s Parliament from which nothing can be ascertained or comparisons made or conclusions drawn from one report to the next. At a time when Scotland’s decision-makers needed key facts and reliable hard data that could be eyeballed by busy people, the Care Inspectorate supplied bed-time stories.
What these fortnightly reports do provide, however, is an insight into the Care Inspectorate’s inconsistency of approach on inspection visits, a common complaint of registered services and social workers. We see this as evidence of ill-discipline which no well-regulated sector should observe of its oversight bodies when confidence is needed and springs from the Care Inspectorate’s reliance on “soft skills” which, by their nature, create bias and subjectivity where certainty is key.
By extracting the information content from these fortnightly reports, BetterCareScotland has produced the sort of meaningful data Scotland’s Parliament should have expected to receive. It is an irony that, despite BetterCareScotland’s resource constraints, our data are superior to those of the regulator of Scotland’s social care system.
WHAT YOU CAN DO!
Join BetterCareScotland and campaign to see people in Scotland and their human rights treated with respect at their time of greatest need.
Join forces with us and support people being silenced by their local authority or Scotland’s Care Inspectorate.
Help us to hold local authority chief executives and social care bosses for exposing vulnerable people to risk.
“There is no greater agony than bearing an untold story inside you.” … Maya Angelou
Help to ensure that the vested interests and perverse incentive structures in Scotland’s social care system can be be designed out of the National Care Service so that the Scottish Government can deliver on its promise of good care outcomes, as standard, for all people in need of care in Scotland.
If you have a story you need to tell and would like to discuss it with BetterCareScotland, please feel free to get in touch with us by email.
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Love and Peace!






