National Preventive Mechanism Annual Report 2009–10 Scottish Commission for the Regulation of Care (Care Commission) T he Care Commission was designated as a member of the UK’s NPM in respect of its inspections of secure accommodation services for children in Scotland. In Scotland, children may be placed in secure accommodation where they pose a significant risk to either themselves or others and are likely to run away or abscond from a more open care setting. In addition, the Care Commission may inspect care services in psychiatric hospitals where some patients may be detained. Inspecting such places of detention is just one aspect of the Care Commission’s role. Under the Regulation of Care (Scotland) Act 2001, the Care Commission has a broad remit to regulate and improve care services in Scotland. This involves registering new services, inspecting services, investigating complaints and taking enforcement action where necessary to improve services. Other care services within the Care Commission’s remit include children’s day care services, childminding, care homes for older people and independent hospitals. The Care Commission regulates around 15,000 services each year, only seven of which are secure accommodation services.59 The 2001 Act empowers the Care Commission to inspect any care service within its remit and to enter, at any time, any premises used for providing the service. The Care Commission may examine the state and management of the service and the treatment of persons cared for. It may conduct private interviews with any person cared for by the service as well as the manager and provider of the service and any other employee. The Care Commission may also require the care service provider to supply it with any information it considers necessary. The Care Commission is a non-departmental public body. It is independent in its day-today running, but is ultimately accountable to the Scottish government. The Care Commission is made up of a convenor and other members appointed by the Scottish government. They are supported by staff, one of whom – the chief officer – is appointed subject to the approval of the Scottish government. When making appointments, the government must encourage equal opportunities and a requisite number of appointees must use, or have used, care services, or be the carer of such a person. Methodology The Care Commission inspects each of the seven secure accommodation services for children and eight private psychiatric hospital services no less than twice a year. At least one of these inspections must be unannounced. Inspections are targeted so that the Commission spends less time with services which it considers are working hard to provide consistently high standards of care. Services about which there is more concern receive more intense inspections. Inspections are carried out against the 2001 Act, associated regulations and National Care Standards. These standards were developed by the Scottish government following wide consultation, including with groups representing service users. The standards are rights-based and set out the quality of care people using the services can expect. Where necessary, the Care Commission can take 59 While some of the other services within the Commission’s remit may involve some restriction of freedom, they are not considered places of detention. For example, the Commission inspects offender accommodation services for those who are released from prison but who are required to reside in specified accommodation during the resettlement process. 50