Visiting, meaningful connection, Anne’s Law

Every adult and older person living in a care home has the right to connect with family, friends and community.

The Care Inspectorate supports this right. There are standards, guidance and legislation that support this right, too.

Resources

Click the images below to read our literature review, factsheet, self-evaluation tool, care home poster, report on engagement visits and report on findings from a consultation with care home staff.

Meaningful connection literature review Page 01Annes law project Report on engagement visits to care homes carried out Page 01Meaningful connections staff consultation report Page 01Pic1 Annes law project Fact sheet 002Annes law project Do you live in a care home poster

Podcasts

We have been working hard behind the scenes for some months now to learn the way of podcasting. We’ve now launched our very first box set of episodes - all about the Visiting, Meaningful Connection and Anne’s Law project

The Anne’s Law project advisers have spoken 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, the daughter of Anne, who Anne’s Law is named for; 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. 

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

Webinars 

We've created factsheets to accompany our webinars. Click on the images below to read more. 

 Meaningful connection fact sheet A human rights based approach Page 1Meaningful connection fact sheet Including family carers as partners in care Meaningful connection fact sheet Supporting positive peer relationships Page 1 Meaningful connection fact sheet Supporting meaningful connection

Meaningful connection fact sheet Celebrating good practice

Meaningful connection fact sheet Supporting an outbreak situation Page 1

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Temporary changes to variations during Covid-19

Variation changes for care homes and care at home extended to April 2023

Social care continues to face challenges as a result of the Covid-19 pandemic, and we continue to support the care sector by adapting what we do, when needed.

To support services to provide support to a wider group of people, there will continue to be no requirement for providers to submit a variation for any care service type where:

  • a care home for older people is caring for youngeradults or vice versa
  • care at home services care for clients with different careneeds
  • there is a change of operationalhours.

This will continue until April 2023.

In these circumstances, there is no requirement to submit a variation form. Instead, you should simply confirm in writing through eForms, using the notification ‘Changes to service delivery’.

Within the notification, you should note what the change is and confirm the service can meet people’s care and welfare needs.

The notification will not trigger an inspection but may trigger contact from the inspector to discuss the changes you have put in place.

For care homes that are supporting people on an interim basis until care at home is available in their area, there is no requirement to notify the Care Inspectorate.  We will get this information from the oversight teams of homes being used in local areas.  

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Types of enquiry

Introduction 

This document explains the different request types the Care Inspectorate’s (CI) Information Governance (IG) team process.  It also details what the IG team do when we receive an information request, and what you should expect as the requestor.

Types of requests

The IG Team handle a variety of different request types. 

Freedom of Information

Under the Freedom of Information (Scotland) Act 2002 (FOISA) a person has the right to ask for recorded information that is held by the Care Inspectorate.  The Act was passed to make Scottish authorities more accountable and transparent. The Office of the Scottish Information Commissioner has produced guidance advising when, how and why you may wish to use this type of request and also provides  best practice that will help you get the most out of your request. 

It is important to note that information released under FOISA effectively becomes public information.  Information will only be released to you if it meets certain conditions and is not subject to an exemption.  For example, where the information is already accessible by other means and FOISA is not required, such as; where the information is already published on the CI website or if it would not be the appropriate lawful process for seeking information, where you have asked for your own personal information for example and instead a “Subject Access Request” should be submitted.  

You can request information under FOISA using our online form, but you can also make your request in writing or by another medium where the content can be kept by the Care Inspectorate for future reference:  We will accept requests by email, letter, fax, audio or video tape. If you require assistance, then you may appoint someone to seek the information on your behalf such as an advocate. My Gov Scotland’s website may assist in finding a suitable advocacy service that can help you in this regard.   

If you wish to email us, please do so at This email address is being protected from spambots. You need JavaScript enabled to view it..  If you wish to write to us you can do so at: 

Information Governance Team
Compass House
11 Riverside Drive
Dundee
DD1 4NY

Under FOISA you must ensure that you: 

  • provide your request in writing or in another recorded form which can be used for future reference;
  • provide your full name and address in order to reply;  
  • describe the information you require. 

Environmental Information 

The EIRs come from a European Directive on access to environmental information. Under the Environmental Information (Scotland) Regulations 2004 a person has the right to ask for environmental information held by the Care Inspectorate. This would cover requests about the buildings, water, waste, recycling, cars, parking etc. The Office of the Scottish Information Commissioner has more information regarding EIRs and how to request them, however requests for information under EIRs can be made using our specific tab on our online form, but you can also contact us as detailed above and verbally by telephone.  This is a variation from the rules under FOISA. 

Data Rights 

You have rights regarding your personal information.  The UK Information Commissioner’s Office have produced lots of helpful information about these rights on their website. 

Under the Data Protection Act 2018 and UK General Data Protection Regulations, people can request copies of personal information held about them.  This is called a Subject Access Request (SAR) we may require identification or proof of your right to access information before we can proceed with your request.  We will let you know if this is the case. 

More information can be found on the UK Information Commissioner’s Office web page about yourright of access. 

More details about the other rights can be found on ourprivacy notice and on the UK Information Commissioner’s Office web page at the following links: 

You can request information under the Data Protection Act using our online form, but you can also contact us as detailed above.  

Memorandums of Understanding  

Some public bodies have Memorandums of Understanding (MOUs) or data sharing agreements with the Care Inspectorate to enable them to request information from us. 

There are some made public on our website.

However, if you are another public body wishing to request information from us, we will still require you to identify the requirement you have and confirm your lawful basis for acquiring it under the Data Protection Act 2018.  This will enable us to consider whether we can share the requested information and identify whether we have a lawful basis for sharing. 

 It is also important to consider whether the Care Inspectorate is the primary source of the information you require – we can only share information if we are the data controller. 

Public bodies can request information through our online form, and there is a specific option for the routine public authority requests we handle, for example, the Scottish Social Services Council and the Nursing and Midwifery Council. 

Police Scotland 

Similarly to other public bodies, Police Scotland (and the Crown Office of the Procurator Fiscal) can request information held by the Care Inspectorate in order to assist with their investigations. 

Police Scotland can request information through our online form, and there is a specific option for them.  The requestor should provide their lawful basis under the Data Protection Act 2018 and confirm if a Certificate of Authenticity will be required.  

There may be special arrangements for existing Operations or agreed initiatives which must be followed rather than this process, such as Operation Koper.  

Complaint Summaries 

Whenever a complaint is investigated and found to be upheld by the Care Inspectorate, some information regarding this is published on our website under the individual service’s name. 

However, anyone can request more information regarding an upheld complaint by completing our online form or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..  We will supply a summarised version of the complaint report, ensuring any personal data is removed, to anyone that requests this.  These reports provide more information regarding what the complaint was and how we investigated it. 

Other 

We also handle requests in relation to our Publication Scheme. 

Any requests for information made under formal legislation (for example, FOISA) are statutory requests.  Any other requests are general enquiries.  

Timescales for responding to requests

Requests for information under FOISA and EIRs have a statutory deadline of 20 working days and requests for information under the Data Protection Act 2018 and UK GDPR have a statutory deadline of one month.  If, for any reason, we are unable to make the deadline of your request, we will let you know.

There is no statutory deadline for responding to general enquiries, however, the Care Inspectorate aims to respond to these requests within 20 working days. 

Processing requests 

The IG team utilise a system called “OneTrust” to manage all information requests. Requests for information can be submitted by filling out the online form which is available on our website here.  Alternatively, a request can be submitted by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or writing to us at: 

Information Governance Team
Compass House
11 Riverside Drive
Dundee
DD1 4NY

Your request will be given a unique ID number which is used on all correspondence.  All requests will be acknowledged, processed, and responded to via the OneTrust platform, unless you have requested otherwise.  

If we need any clarification from you, we will get in touch as soon as we can to request this. 

Responding to requests 

It is the responsibility of the IG team to formally respond to information requests.  We will do this via the OneTrust portal, unless it has already been agreed otherwise.  If you have a legal right to request a review or appeal, this will be detailed in our response to you. 

It is always possible to ask questions regarding our response to you, and you can do so by contacting us via the portal or whichever method you have been using to communicate with us.  

There may be times we are required to share our response with other colleagues at the Care Inspectorate, either to ensure we are providing you with an accurate response, or for approval. 

Following receipt of a response to you under FOISA or EIRs, you have the right to a review of our response.  If you wish to instigate a review then you can do this by submitting a review request.  This must be done within 40 working days of receiving the response.  

If you remain dissatisfied following a review and with the decision made by the Care Inspectorate in relation to how we dealt with your request for information under FOISA/EIRs, you then have the right to pursue the matter with the Scottish Information Commissioner.  This must be carried out within six months of receiving the review. You can contact the Commissioner at: 

The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS 

Online: OSIC Online Appeals 

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Telephone: 01334 464610 

Should you then wish to appeal against the Commissioner’s decision there is a right of appeal to the Court of Session on a point of law only. 

Under data protection law you have rights in relation to your personal data which are outlined in the Care Inspectorates core Privacy Notice published on our website at: http://www.careinspectorate.com/index.php/core-privacy-notice.  If you wish to exercise any of these rights please contact our Data Protection officer (DPO) by writing to This email address is being protected from spambots. You need JavaScript enabled to view it..

If you are dissatisfied with a response please let us know so that we can address any concerns that you may have.  You may also wish to complain to the UK Information Commissioner’s Office and information on how you do this is available via their website https://ico.org.uk/make-a-complaint/. 

Approval

General enquiries are processed and responded to by IG practitioners. 

All Subject Access Requests are reviewed and signed off by the Data Protection Officer or deputy officer assigned by the DPO.  

Approval for requests under FOISA/EIRs will be determined by the content of the request, response and information proposed for sharing. 

Help us to help you  

Please make your request as clear as possible and utilise the guidance available to you from the Commissioners about how to formulate your statutory requests.  

We are the regulator of care services so most of our data is organised in relation to those entities so please always try and provide the Service Name(s) wherever possible, the time period the request covers and any other details that can help us to speed up our searching and thus speed up our response to you.

ANNEX A - Freedom of Information and EIRs Requests

ANNEX B - Data Subject Requests

ANNEX C - Police Scotland Requests

ANNEX D - Other Public Authority Requests

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Register care

If you want to operate a care service in Scotland you must, by law, register with the Care Inspectorate. 

Before applying to register a service

Before you apply to register a care service you must make sure you have read and understood the associated guidance and legislation.  

Every registered care service must continuously meet the requirements of: 

Fees 

Care services must pay fees to be registered with us. The maximum limit is set by Scottish Ministers. The fees we collect contribute to our operating costs.

We charge a fee for registering a new service and an annual continuation fee. The annual continuation fee licenses a care service to operate.

All application fees are non-returnable.

To find out more about our fees click here.

What to expect from the registration process

You can now apply to register a care service online, using our new, secure system. The online application is simple to complete and only asks you questions that are relevant to your service type.

You can manage your application easily. You can save it as you go and return to it later so you can complete and submit at your own pace. You can go back to previous stages to check, change and add to your application. The new application allows you to upload supporting documents and pay your application fee.

Read our guidance online registraiton application form - your guide. 

We aim to assess applications for a childminding service within three months and all other services within six months. However, this presumes that you supply us with a competent and fully detailed application, as well as any additional information we request. It is in your interest to give us all the information we ask for in the application form to prevent any delays or the risk of us closing or refusing your application.

Once you have submitted your application, our national registration team will check:

  • the information you have given us
  • whether the provider is fit to provide the service
  • whether the manager is fit to manage the service
  • that the proposed premises are fit to be used for that purpose
  • that the service will make all the proper provisions for the health, welfare, independence, choice, privacy and dignity of everyone using the service.

We may also check the financial viability of the service. Any information we ask for during the registration process is in accordance with the Public Services Reform (Scotland) Act 2010.

Read our applying to register a care service - guidance for applicants. 

For more information about registering a service (other than childminding) click here. [LINK TO REGISTER A CARE SERVICE (OTHER THAN CM) PAGE].

For more information about registering a childminding service click here. [LINK TO REGISTER A CM SERVICE PAGE].

If you are unclear about the kind of service you want to apply for, click here to see the definitions of care services which must be registered with us.

For general advice about registering a care service you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Create an account to begin your application. 

Sign in to see an existing application [LINK].

If you require the application form in an alternative format, please call our contact centre on 0345 600 9527.

 

Related documents

Online registraiton application form - your guide

Applying to register a care service - guidance for applicants

Inspection quality frameworks

Self-evaluation for improvement – your guide

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