Change in the Regulations to how often personal plans must be reviewed - April 2011

Previously regulations only applied to care home services but this now applies to all care services except fostering and adoption services (see information below). We have been receiving enquiries from a number of care services in regard to this. 

To clarify all services must undertake a review of a person using a care service's personal plan at least once every six months.

Regulation 5 of The Social Work and Social Care Improvement Scotland (Requirements for Care Services) Regulations 2011 states:

(2) Subject to paragraph (3) a provider of a care service must- 

(a)make the personal plan available to the service user and to any representative consulted under paragraph (1); 

(b) review the personal plan;

when requested to do so by the service user or any representative; 

 when there is a significant change in a service user's health, welfare or safety needs; and

at least once in every six month period whilst the service user is in receipt of the service;

(c) where appropriate, after any review mentioned in sub-paragraph (b), and after consultation with the service user and, where it appears to the provider to be appropriate, any representative, revise the personal plan; and 

(d) notify the service user and any representative consulted under paragraph (2)(c) of any such revision. 

The full regulations can be read here:

http://www.legislation.gov.uk/ssi/2011/210/made

Fostering and adoption services

Regulation 5 of The Social Work and Social Care Improvement Scotland (Requirements for Care Services) Regulations 2011 excepts fostering and adoption services from the requirements in regulation 5(2) to review personal plans at least every 6 months. Regulation 5(2) states:

"(2) Subject to paragraph (3) a provider of a care service must- ........" and paragraph 5(3)says: 

(3) Paragraphs (1) and (2) do not apply to any adoption service or fostering service but the provider of such a service must, after consultation with each service user and, where it appears to the provider to be appropriate, any representative of the service user- 

(a)within one month of the date on which the service user first received the service prepare in writing a plan which confirms-

  • what the care service will provide over the next 12 months;
  • who the service user is; and
  • the intended outcome for that service user;

(b)review that plan at least once in every 12 month period, whilst the service user is in receipt of the service, and where the provider is a local authority, any plan prepared in accordance with this paragraph must be consistent with the plan prepared by that local authority in terms of section 4 of the Adoption and Children (Scotland) Act 2007(12)."