Changes to notifications of deaths of looked after children and deaths of young people in continuing care or receiving aftercare provision

Published: 09 December 2021

Changes to notifications of deaths of looked after children and deaths of young people in continuing care or receiving aftercare provision

New arrangements for reviewing and learning from the deaths of children and young people came into force on 1 October 2021.   

The establishment of the National hub for reviewing and learning from the deaths of children and young people and recently published national guidance for child protection committees undertaking learning reviews will require changes to the ways in which local authorities review the deaths of looked after children and young people experiencing care.  

More information about these changes can be found here.

Downloads: 8735

Quality improvement framework for the early learning and childcare sectors

Published: 14 January 2025

The Quality improvement framework for the early learning and childcare sectors is available on the Education Scotland website.

It is important to note that the Care Inspectorate and Education Scotland will begin to use the new framework for inspection from September 2025.

This will allow settings to become familiar with its content and structure. The final version of the framework will be formally launched in autumn 2025.

Frequently asked questions

Here are some frequently asked questions (FAQs) we have compiled with help from stakeholders to accompany the framework. These address some of the key points raised with us so far. We will keep these FAQs updated as new questions arise.

Where can I access the Quality improvement framework for the early learning and childcare sectors?

The Quality improvement framework for the early learning and childcare sectors is available on the Education Scotland website. PDF versions of the new framework are available to download from the links below:

Will it be clear which quality indicators Care Inspectorate and Education Scotland will focus on?

The Care Inspectorate and Education Scotland have worked together to minimise the burden on settings by reducing the number of quality indicators (QIs) from 28 in the current frameworks to 11 in the new framework.

Both inspectorates have made it clear within the framework which QIs relate to the Care Inspectorate and which relate to Education Scotland. Each organisation will determine how these QIs will be used during their inspections and on shared inspections.

Why are there not weak illustrations for all QIs?

In response to stakeholder feedback, the inspectorates are developing weak illustrations for all QIs and these will be included in the next version of the framework.

Why is there no separate transitions QI?

Both inspectorates recognise the importance of transitions at all stages of development and learning.

Planning, managing and supporting children’s transitions is key to all areas of the framework and should therefore be considered in each QI rather than separately in isolation.

We will provide further support on how this is exemplified in the framework in future engagement sessions with practitioners to support reflection on transitions as part of self-evaluation and during future approaches to inspection.

Can the QIs be numbered for ease of reference?

Our focus is on the quality of children’s experiences across all areas of the framework. In order to meet user accessibility requirements, QIs have not been numbered and we would encourage the use of their full titles. For ease of reference, services should focus on the wording of the QI, for example ‘play and learning’.

We understand the framework may still feel unfamiliar, making it challenging to understand initially. To assist, we have created visual table of the framework's headings and quality indicators. We hope the visuals of the framework support you in seeing the holistic nature of the framework and all the different quality indicators that contribute to quality practice.

Early learning and childcare

Heading

Leadership

Children thrive and develop in quality spaces

Children play and learn

Children are supported to achieve

Quality indicators
  • Leadership and management

  • Staff skills, knowledge, values and
  • Leadership of continuous improvement
  • Children experience high quality
  • Play and learning 

  • Curriculum 

  • Learning, teaching and assessment
  • Nurturing care and support 

  • Wellbeing, inclusion and equality for all 

  • Children’s progress 

  • Safeguarding and child protection  


Childminding

Heading

Leadership

Children thrive and develop in quality spaces

Children play and learn

Children are supported to achieve

Quality indicators
  • Leadership and management

  • Staff skills, knowledge, values
  • Children experience high quality
  • Play and learning 
  • Nurturing care and support 

  • Safeguarding and child protection  


School-aged childcare

Heading

Leadership

Children thrive and develop in quality spaces

Children play and learn

Children are supported to achieve

Quality indicators
  • Leadership and management

  • Staff skills, knowledge, values
  • Children experience high quality
  • Play, learning and development
  • Nurturing care and support 

  • Safeguarding and child protection  

 

Will the Care Inspectorate and Education Scotland use shared grading criteria?

The Care Inspectorate and Education Scotland worked together to develop shared grading criteria.

This will be considered during the pilot phase and further discussion will take place between the two bodies regarding a consistent approach to the evaluation of adequate/satisfactory.

The Care Inspectorate will retain the term ‘adequate’ for the time being, in order to align with the National Standard, and Education Scotland will retain the term ‘satisfactory’.

Will the framework be tested and is there an opportunity to provide feedback to inform any further refinement?

The Care Inspectorate and Education Scotland will test content of the framework in a number of settings during the next pilot phase of the project. This piloting will be undertaken both separately and jointly.

During the pilot phase, both the Care Inspectorate and Education Scotland will ask for feedback from settings about the QIs to inform any further refinements needed.

What are the arrangements for settings involved in the pilot phase?

The Care Inspectorate and Education Scotland invited settings to volunteer to be part of the pilot phase to test the new framework. We had a great response with more than 200 settings offering to participate.

We will reflect on the best way to involve as many settings as possible while also ensuring a balanced sample of visits. We will notify those settings that have been selected to participate in advance. Participants will be provided with guidance and information to support them during the pilot so that they know what to expect.

What is the timeframe for full implementation the framework?

The Quality improvement framework for the early learning and childcare sectors was released online on January 14 2025. This will allow settings to become familiar with its content and structure. The final version of the framework will be formally launched in autumn 2025.

The Care Inspectorate and Education Scotland will begin to use the new framework for inspection from September 2025. Our inspections will continue to focus on the experiences and outcomes for children and young people.

What happens to How good is our early learning and childcare and A quality framework for daycare of children, childminding and school-aged childcare?

The current frameworks will continue to be used for inspections until implementation of the new framework.

From September 2025, the Care Inspectorate and Education Scotland will begin inspections using the new the Quality improvement framework for the early learning and childcare sectors only. This framework replaces both How good is our early learning and childcare and A quality framework for daycare of children, childminding and school-aged childcare.

When do we need to start using the new framework?

We understand that settings will adopt the new quality improvement framework when it best suits them, and that there will be a transition period as settings move away from using the existing frameworks.

You may want to continue to use the existing framework until you are ready to adopt the new framework fully.

Both inspectorates will engage with settings to support them to become familiar and confident in using the new framework for self-evaluation.

Will there be support for settings with their own self-evaluation using the new framework?

The Care Inspectorate and Education Scotland will deliver sessions on self-evaluation using the new framework from spring 2025. We will provide further detail of these sessions in due course.

Will there still be separate inspections? If yes, will they have their own frameworks? 

Both inspection bodies will use the new framework for separate and shared inspections from September 2025. There will be no other frameworks used for inspection from that point on. 

The QIs that each inspectorate body may use in the final inspection methodology will be confirmed when the new approach to inspections has been developed and agreed. In the framework, we have made it clear which QIs relate to the Care Inspectorate and which relate to Education Scotland.

How will childminders who offer funded ELC be inspected? 

Both inspectorates have agreed that the childminding-specific content in the new framework is appropriate for the requirements of the National Standard and that the Care Inspectorate will continue to inspect childminders (including those delivering funded places). 

Childminders do not need to self-evaluate using any other QIs from the framework. Education Scotland do not have any plans to inspect childminders.

Is there a Gaelic version of the new framework?  

The new framework for the early learning and childcare sectors will continue to be developed and refined as we move through the pilot phase. We will ensure a Gaelic version of the framework is available when the framework is launched in autumn 2025.

Downloads: 8689

Deaths of looked after children

Published: 09 December 2021

Deaths of looked after children

Local authorities must notify the Care Inspectorate and the Scottish Government within 24 hours of the death of a looked after child.

Local authorities must:

  • complete the attached DLC1 form and send this to This email address is being protected from spambots. You need JavaScript enabled to view it.
  • send a copy of the completed DLC1 form to the Scottish Government at This email address is being protected from spambots. You need JavaScript enabled to view it.

Please note, this is separate from the duty of a registered care service to notify us of the death of a service user. These should be submitted via our eforms system.

More information about notification and reporting arrangements can be found here.

Please submit all relevant forms/reports through secure email to This email address is being protected from spambots. You need JavaScript enabled to view it. 

The main contact for this work is Karen McCormack, strategic inspector or Sharon Telfer, strategic inspector, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Downloads: 8513

More information

Published: 15 April 2022

Background

Phase 1 of our programme of joint inspections of adult support and protection services has now concluded, having taken place during 2020-23. The purpose of Phase 1 of the programme was to provide baseline information across the 26 adult protection partnerships not previously inspected in 2017/18. The intention was to follow this programme of inspections with a second phase of scrutiny and/or improvement activity, informed fully by Phase 1 findings.

We are now undertaking further scrutiny across Scotland, at the request of Scottish Ministers and in line with the Scottish Government-led improvement plan.

Phase 2 commenced on 1 August 2023 and will last two years. This phase of the programme will blend scrutiny activity with improvement support and include close collaboration with adult protection partnerships.

Scrutiny approach

Phase 2, first year

The programme provides assurance on the ongoing protection and risk management for adults at risk of harm. The first year of Phase 2 will include revisiting the six adult protection partnerships that were subject to adult support and protection inspections in 2017/18. We will use the inspection methodology we employed in Phase 1. These inspections will focus on key processes and leadership (see our quality indicator framework).

The first year of Phase 2 will also involve further development of the adult support and protection quality improvement framework by inspection partners, with input from stakeholders across the sector.

Phase 2, second year

Activity in the second year of Phase 2 will provide assurance of improvement and will include those partnerships that received inspection reports during Phase 1 where areas of weakness outweighed strengths. Some additional partnerships may also be revisited to provide assurance of improvement.

Additionally in this second year, indicators related to early identification of risk, early intervention and a trauma-informed approach will be applied on a voluntary basis with a select group of partnerships, which will augment their planned self-evaluation processes.

Scrutiny partners

The inspection programme will be led by Care Inspectorate in collaboration with His Majesties’ Inspectorate of Constabulary Scotland (HMICS) and Healthcare improvement Scotland (HIS).  Each scrutiny agency has identified dedicated staff with appropriate levels of experience and expertise in adult support and protection. This scrutiny and assurance will be undertaken in the context of health and social care integration.

Phase 2 inspection focus

The focus of our joint inspection will be on: 

  • independent scrutiny and assurance of how partnerships ensure that adults at risk of harm are kept safe, protected, and supported  
  • providing assurance to Scottish Ministers about how effectively partnerships have implemented the Adult Support and Protection (Scotland) Act 2007
  • taking the opportunity to identify good practice and support improvement more broadly across Scotland
  • providing a quality assurance framework for the adult support and protection community to use for multi-agency audit, self-evaluation and improvement activity.

Purpose of activity

The purpose of this programme of joint inspections is to seek assurance that adults at risk of harm in Scotland are supported and protected by existing national and local adult support and protection arrangements. The programme is one element of the Scottish Government-led improvement plan.

The partnership briefing document relating to phase two, first year inspections was prepared by the inspection team to give you an overview of the joint inspection programme and is available on our website. The documents below are referenced within the partnership briefing document.

The joint inspection team has made a number of other documents available to support partnerships. Each partnership will receive the relevant documents at the appropriate time.

Our inspections take account of the adult support and protection code of practice. For us to understand the degree to which partnerships were progressing with implementation we issued a single question survey. The survey was shared with Chief Social Work Officers, adult protection committee conveners and lead officers. The question was 'Please briefly describe your partnership’s approach to key processes, including the role of the Council Officer, around inquiries/investigations in light of the revised Code of Practice'. Please find our summary findings from that survey.

A communication and engagement strategy is available in relation to our Phase 2, first year quality improvement framework (QIF). The QIF is being designed in collaboration with the National Implementation Group and other stakeholders. Key elements of this will be used to inform our supported self-evaluation activity in Phase 2, second year.

We are at the very early stages of developing Phase 2, second year methodologies and will aim to include any relevant updates and material here when it is appropriate to do so.

Please email any enquiries to the joint inspection team at This email address is being protected from spambots. You need JavaScript enabled to view it.

Downloads: 8481

Podcasts

Published: 05 October 2023

Boxset 1 - Meaningful Connection

The Anne’s Law project advisers speak with real-life people about real-life stories that will resonate with all of us. People like Jenny, manager at Glennie House; Ken, a care home resident; Natasha, from Care Homes Relatives Scotland; professionals from across the sector and many more. Packed with insightful, thought-provoking ideas and tips to stay connected with your loved ones, these podcasts have something for everyone. 

Boxset 2 - Finding The Why

David Marshall, Senior Improvement Adviser (Pharmacy) and Katy Jenks, HC One Dementia Care Manager, Scotland discuss improving dementia care and reducing inappropriate use of psychoactive medicines in care homes.  

Listen anywhere, anytime to the episodes that interest you. Listen on Spotify, Amazon Music, wherever you get your podcasts. Alternatively, you can listen on Podbean.

Downloads: 8109

Our quality assurance role

Published: 15 April 2022

Our quality assurance role

The strategic inspection team supports learning and improvement in social work services and partnerships by providing an additional level of scrutiny to reviews which they carry out. The review processes which we quality assure are:

You can find more information in the links below:

 

 

Downloads: 7999

Deaths of young people receiving aftercare provision

Published: 09 December 2021

Deaths of young people receiving aftercare provision

Local authorities must notify the Care Inspectorate and the Scottish Government of any death of a young person in receipt of aftercare provision as soon as is reasonably practicable.

Local authorities must:

  • complete the attached DAC1 form and send this to This email address is being protected from spambots. You need JavaScript enabled to view it.
  • send a copy of the completed DAC1 form to the Scottish Government at This email address is being protected from spambots. You need JavaScript enabled to view it.

Please note, this is separate from the duty of a registered care service to notify us of the death of a service user. These should be submitted via our eforms system.

More information about notification and reporting arrangements can be found here.

Please submit all relevant forms/reports through secure email to
This email address is being protected from spambots. You need JavaScript enabled to view it. 

The main contact for this work is Karen McCormack, strategic inspector or Sharon Telfer, strategic inspector, email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Downloads: 7930

Policy position on the use of restrictive practices

Published: 10 December 2024

Introduction

Everyone in health and social care has a role to play in upholding people’s rights. This includes the right to person centred and trauma informed care and support. Restrictive practice which includes restraint, seclusion, segregation and other less direct practices may form part of a person’s plan of care or support. This includes all people from infants and children, through to young people, adults, and older people. This policy states our position on the use of restrictive practice in all services, to ensure this being the ‘last resort’ and where the risks and benefits to the person have been considered within a legal, ethical and practical framework. This statement should be read in conjunction with the guidance for specific services.

Definition

Restrictive practice is defined as making someone do something they do not want to do or stopping them from doing something they do want to do, by restricting or restraining them, or depriving them of their liberty.1

Restrictive practices relate to different types of restraint. This can be physical, mechanical, chemical, cultural, environmental or psychological restraint, surveillance or blanket rules.

Policy position statement

The Care Inspectorate is committed to upholding and promoting human rights and the rights of the child. These rights may only be restricted as a last resort, including in the use of restraint. The use of restrictive practices, including physical restraint, must be considered within a context of the conflict in the promotion of rights, independence and choice for children and adults, versus promoting and maintaining our duty of care.2 In law3, the use of force in any form is required to be justifiable, reasonable and proportionate. Practitioners may be required to take protective action to keep children and adults safe from harm that may affect rights, including choice, dignity and freedom. However, this must be delivered within a context of positive risk taking and compassionate care.

Legislation and standards

Whilst there is no specific piece of legislation that focusses on restraint, the Care Inspectorate is guided by the following legislation and standards.

The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, which specifies:

  • under welfare of users that “A provider must ensure that no service user is subject to restraint, unless it is the only practicable means of securing the welfare and safety of that or any other service user and there are exceptional circumstances” (4(1)(c)).
  • under fitness of premises that “Accommodation must not be provided and used for the purpose of restricting the liberty of children in any residential premises where care services are provided unless such provision and use have been approved by the Scottish Ministers” (10 (3)).

The Health and Social Care Standards, which set out that:

  • “If my independence, control and choice are restricted, this complies with relevant legislation and any restrictions are justified, kept to a minimum and carried out sensitively” (1.3).
  • “My care and support meets my needs and is right for me” (1.19).
  • “Any treatment or intervention that I experience is safe and effective” (1.24).
  • “I experience warmth, kindness and compassion in how I am supported and cared for, including physical comfort when appropriate for me and the person supporting and caring for me” (3.9).
  • “I am protected from harm, neglect, abuse, bullying and exploitation by people who have a clear understanding of their responsibilities” (3.20).
  • “I experience care and support free from isolation because the location and type of premises enable me to be an active member of the local community if this is appropriate” (5.9).
  • “If I experience 24 hour care, I am connected, including access to a telephone, radio, TV and the internet” (5.10).
  • “I can independently access the parts of the premises I use and the environment has been designed to promote this” (5.11).
  • “If I live in a care home, I can control the lighting, ventilation, heating and security of my bedroom” (5.12).

  1.  CQC 2023
  2. Civil law
  3. Common law
Downloads: 7418

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