Secure care pathway review 2022-23
Our approach
We carried out a secure care pathway review between July 2022 and July 2023 to consider the impact of the Secure Care Pathway and Standards that were published in October 2020. The review focused on young people up to the age of 18 who have been placed – or are at risk of being placed – by Scottish local authorities, in secure care accommodation.
The review centred on listening to and understanding the experiences of 30 young people across Scotland before, during and after experiencing secure care accommodation. During the review period we tracked the journeys of these young people and this helped us to consider impact and outcomes over time. The annual inspections of registered secure care providers continue to be carried out. We worked jointly with the inspectors of these services to inform the review, particularly in relation to the ‘during’ stage of young people’s journeys through secure care.
Our review is now complete and you can read the report here.
More information
Information about the secure care pathway and standards can be found here.
Week by week guide
Our joint inspections of services for children at risk of harm last for around 22 weeks in total from the notification letter being received by the partnership being inspected to the report being published. The actual timespan may be longer if the period of the inspection includes school or public holidays.
Each inspection begins with a preparation stage, is then conducted over three phases, and concludes with a reporting stage. More information about what happens during each of these is available here:
We will share information about the scope and process of the inspection and the rationale for this, during scheduled meetings with partnership representatives at the start of and during the inspection. We will discuss which scrutiny activities will best help us to clarify any areas of uncertainty.
Registering school holiday, activity and food provision programmes
Does your school holiday, activity and food provision programme need to be registered?
Services offered to children and families as part of school holiday, activity and food provision programmes may need to be registered with the Care Inspectorate. The information below relates to children and young people from primary school age and above.
It is an offence to operate a care service in Scotland without being registered with the Care Inspectorate and the Care Inspectorate is happy to provide advice.
For advice on registration, you can email our registration team: This email address is being protected from spambots. You need JavaScript enabled to view it.
Childcare service or school holiday, activity and food provision programme
Is the provision advertised as school holiday childcare?
If the answer is yes, then generally the service needs to be registered.
Is the service provided to enable/support parents to work, study or attend training?
If the answer is yes, it would be a childcare service and needs to be registered.
If the service is providing a school holiday club/activity club/playscheme/youth club that is activity based, then it needs to be promoted as such. It should not be promoted as providing childcare.
If you are solely providing an activity-based programme, then this does not need to be registered.
Mealtimes
Depending on the level of support the individual child needs at mealtimes, this could be considered as care, then the service would require to be registered.
Personal care
Do children need help with personal care such as going to the toilet, taking off or putting on appropriate clothing?
If the answer is yes, then the service requires to be registered.
Children with additional support needs
Do the children attending the service have additional support needs (ASN)?
If the answer is yes, then generally the service needs to be registered and the Care Inspectorate would need more information about what type of support children are being given.
Legislative definitions of types of services
It is an offence to operate a care service in Scotland without being registered with the Care Inspectorate.
Section 47 of the Public Services Reform (Scotland) Act 2010 defines the types of services that must be registered with the Care Inspectorate.
Day care of children service:
A “day care of children” service is described in paragraph 13 of Schedule 12 as “subject to paragraphs 14(b) to 17, a service which consists of any form of care (whether or not provided to any extent in the form of an educational activity), supervised by a responsible person and not excepted from this definition by regulations, provided for children, on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight).”
Regulations made under the Act, namely The Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 (SSI 2012/44) (“the Excepted Services Regulations”), restrict the definition of a day care of children service to those services which have as a primary purpose the provision of care to children.
Regulation 4 of the Excepted Services Regulations states “There is excepted from the definition of “day care of children” in paragraph 13 of schedule 12 to the Act any service unless its primary purpose is the provision of care to children”.
Support service:
A support service is defined by the Public Services Reform (Scotland) Act 2010 as
“a service provided, by reason of a person’s vulnerability or need (other than vulnerability or need arising by reason only of that person being of a young age), to that person or to someone who cares for that person by-
- a local authority;
- any person under arrangements made by a local authority;
- a health body; or
- any person if it includes personal care or personal support.
Consider whether the ‘vulnerability’ is solely through age. If it is and care is being provided and is provided for more than two hours, then consider if registration as a daycare of children service is more appropriate.
Consider if the ‘vulnerability’ is through some form of additional support need and ‘care’ is required. If it is, consider registering as a support service.
Already a registered provider with the Care Inspectorate
If you are already a registered childcare or support service provider, it might be possible to vary the conditions of your existing service. This is called a variation, as it is varying the existing conditions of your registration with the Care Inspectorate. You can ask for advice on this from our registration team or your inspector.
Get in touch
The Care Inspectorate is happy to provide guidance to support the development and registering of school holiday, activity and food provision programmes for children and families.
Please contact our contact centre on 0345 600 9527 or email Care Inspectorate enquiries at This email address is being protected from spambots. You need JavaScript enabled to view it.
For advice on registration, you can email our registration team: This email address is being protected from spambots. You need JavaScript enabled to view it.
Visiting
Test
How the framework links to How good is our early learning and childcare
The following table shows how our quality framework for children, childminding and school-aged childcare link to Education Scotland’s ‘How good is our early learning and childcare’ quality indicators.
|
Care Inspectorate quality framework for daycare of children, childminding and school aged childcare |
Links to How Good Is Our Early Learning & Childcare |
|
Quality indicator 1.1 Nurturing Care and Support |
2.4 Personalised support 2.6 Transitions 2.7 Partnerships 3.1 Ensuring wellbeing, equality and inclusion |
|
Quality indicator 1.2 Children are safe and protected |
2.1 Safeguarding and child protection |
|
Quality indicator 1.3 Play and learning |
2.2 Curriculum 2.3 Learning, teaching and assessment 2.6 Transitions 3.2 Securing children’s progress 3.3 Developing creativity and skills for life and learning |
|
Quality indicator 1.4 Family engagement |
2.5 Family learning 2.6 Transitions 2.7 Partnerships 3.1 Ensuring wellbeing, equality and inclusion |
|
Quality indicator 1.5 Effective transitions |
2.5 Family learning 2.6 Transitions 2.7 Partnerships 3.1 Ensuring wellbeing, equality and inclusion |
|
Quality indicator 2.1 Quality of the setting for care, play and learning |
1.5 Management of resources to promote equity. |
|
Quality indicator 2.2: Children experience high quality facilities |
1.1 Self-evaluation for self-improvement 1.4 Leadership of management and practitioners 1.5 Management of resources to promote equity |
|
Quality indicator 3.1 Quality assurance and improvement are led well |
1.1 Self-evaluation for self-improvement 1.3 Leadership of change 1.5 Management of resources to promote equity |
|
Quality indicator 3.2 Leadership of play and learning |
1.2 Leadership of learning 1.3 Leadership of change 1.4 Leadership and management of practitioners |
|
Quality indicator 3.3 Leadership and management of staff and resources |
1.5 Management of resources to promote equity |
|
Quality indicator 4.1 Staff skills, knowledge, and values |
1.3 Leadership of change 1.4 Leadership and management of practitioners |
|
Quality indicator 4.2 Staff recruitment |
1.3 Leadership of change 1.4 Leadership and management of practitioners |
|
Quality indicator 4.3 Staff deployment |
1.3 Leadership of change 1.4 Leadership and management of practitioners |
Quality framework for daycare of children, childminding and school-aged childcare
We published our quality framework for daycare of children, childminding and school-aged childcare in March 2022, informing the sector that we would use the framework in our inspections from 1 June 2022. We want to take this opportunity to provide you with some additional materials to support understanding and use of the framework as a self-evaluation tool.
The framework focuses on children’s wellbeing and sets out the elements that will help us answer key questions about the impact care and learning is making to outcomes for children. The primary use of the framework is as a tool for self-evaluation to assist settings self-evaluate their own performance in delivering good care and learning for children. What influences good outcomes for children has not changed but we hope the way in which the framework is set out will reassure practitioners of how this will apply in their particular setting. This framework should support settings to showcase their strengths and identify improvement, where required.
You can read across the new key questions to the previous quality themes:
|
New key questions |
Previous quality themes |
|
1: How good is our care, play and learning? |
Quality of care and support |
|
2: How good is our setting? |
Quality of environment |
|
3: How good is our leadership? |
Quality of management and leadership |
|
4: How good is our staff team? |
Quality of staffing |
Our inspectors will use the framework to provide independent assurance about the quality of care, play and learning. In March 2022 we informed providers that when using the framework at inspections, we will select a small number of core quality indicators. We have taken account of what has been happening in some settings alongside recovery from the pandemic, imbedding of the expansion programme and staffing. We have therefore updated the list of core indicators and included deployment of staff. The core quality indicators that will be evaluated at inspection will be:
1.1 Nurturing care and support
1.3 Play and learning
2.2 Children experience high quality facilities
3.1 Quality assurance and improvement are led well
4.3 Staff deployment
*4.1 Staff skills, knowledge, and values. (For childminders without assistants)
Useful links
- Frequently asked questions
- How our framework links to Education Scotland’s ‘How Good is Our Early learning and Childcare'
We also want to share some good practice examples of how the framework is supporting improvement in settings and inspectors will be keen to hear from you on inspection about the improvements you have made since the introduction of the framework. We are excited to use the framework as our methodology will be transparent on how inspectors evaluate practice and supports settings deliver high quality play and learning experiences for children. We look forward to seeing how the framework is used across the ELC sector to enhance the quality of care, play and learning provided to our children in Scotland.
Pleased be assured when your inspector undertakes the first quality framework inspection of your setting, they will use the same approaches as previously used and at the beginning and throughout the inspection we will share information to ensure settings are fully informed and involved in the process.
Following the publication of ‘Putting Learners at the Centre: Towards a Future Vision for Scottish Education’, including the recommendation, put forward by Professor Muir, to create a shared inspection framework for early learning and childcare settings, Scottish Government will undertake a consultation on approaches to scrutiny of early learning and childcare in the coming months. We are fully committed to working with the sector, other inspectorates and partner organisations to implement the findings of the consultation.
In the meantime this framework provides the sector with a framework that reflects national policy and best practice and will support settings moving forward and supporting good outcomes for children and their families.
How we do it
Justice social work: inspection of community payback orders
In our overview report published December 2021, we presented the key findings aggregated across all five inspections.
Between September 2018 and November 2020, we completed five inspections of justice social work services with a particular focus on community payback orders in these areas:
- Scottish Borders
- West Dunbartonshire
- Inverclyde
- Dumfries and Galloway
- Aberdeen City.
We produced an inspection guide for this activity. In summary the inspection methodology involved:
- submission of a self-evaluation by each local authority area
- review of a representative sample of relevant records of people who were or had been subject to a community payback order
- interviews with people currently subject to a community payback order
- focus groups and interviews with members of staff, partner agencies and stakeholders, and senior managers, chief officers, elected members with responsibility for community justice social work
- verbal feedback to the local authority on findings based on the analysis and evaluation of all aspects of the inspection
- publication of an inspection report for each participating local authority area that included evidence-based evaluations of key quality indicators using a six-point scale.
Community justice partnerships: supported and validated self-evaluation
Between 2018 and 2020, we worked in partnership with Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) to support the implementation of the new community justice model through a validated self-evaluation approach. We carried out assurance activities across the following five community justice partnerships, one of which incorporated three local authority areas:
- North Lanarkshire (did not involve HMICS)
- Clackmannanshire
- Ayrshire (North, South and East)
- Shetland
- East Lothian
For more information on the supported and validated self-evaluation methodology please refer to our guidance and additional information. In summary our activity included:
- support and guidance from a strategic inspector for partnership areas to undertake self-evaluation
- submission of a self-evaluation by the partnership
- analysis of the submitted documents by the Care Inspectorate/HMICS team
- follow-up activities with the partnership to explore any areas of uncertainty (these included visits, interviews and focus groups)
- verbal feedback on the findings to each partnership based on the analysis of all the evidence gathered
- publication of the validation letter.
Community justice social work: throughcare review
The Scottish Government established the national criminal justice Recover, Renew, Transform (RRT) programme in response to the ongoing impact of Covid-19 on the justice system in Scotland. One of the tasks of the Recovery of Community Justice and Prevention of Offending sub-group was to explore breach of licence and recall to prison. This was to further understand recall and related processes to reduce the number of people being recalled to custody, where appropriate.
In March 2021, the Care Inspectorate received a request from the sub-group to undertake a focused piece of work relating to breach of licence/recall to custody. The strategic justice team undertook a review of throughcare with a primary focus on community justice social work practice.
The review sought to:
- identify potential barriers to reintegration; and
- seek assurance that community justice social work contributions to breach and recall processes were operating as they should.
As part of the review, we also gathered the views of individuals from across Scotland who had been recalled to prison following a breach of their throughcare licence conditions.
We published a report of our findings in September 2021. The report contains more detail on the methods we used.
Our collaborative work with scrutiny and improvement partners
We have a long-standing commitment to contribute to inspections of prisons and other institutions led by Her Majesty’s Inspectorate of Prisons in Scotland (HMIPS). Over the past three years, our contribution has been led by the strategic justice team with support from other strategic colleagues as appropriate. Throughout 2020/2021, we contributed to HMIPS Covid-19 liaison activities through on-site visits and remote contact with community agencies.
Throughout 2021/2022, we will continue to work with scrutiny and justice partners to contribute to the thematic prison review of risk management, progression and early release.
A separate piece of collaborative work will focus on the extent to which community justice partners are delivering on national priorities relating to early intervention and prevention.
In July 2023, we commenced a joint thematic review of prison-based social work, in partnership with His Majesty’s Inspectorate of Prisons in Scotland (HMIPS). This thematic review will consider the strengths and challenges in the governance, leadership, and accountability of prison-based social work services in Scotland. The full Terms of Reference for the review can be found here. This work will conclude in April 2024.
Our support to local partnerships
Our support to local partnerships
Each strategic inspector acts as link inspector to one or more local authority areas across the country. The key purpose of the link inspector role is to fulfil the Care Inspectorate’s ‘general duty of furthering improvement in the quality of social services’ in relation to local authority social work services. This duty is set out at section 44(1)(b) of the Public Services Reform (Scotland) Act 2010.
The link inspector role has a degree of complexity because few social work services are now provided on a standalone basis. Most are now planned, delivered and monitored through partnership arrangements. Regardless of their specialist area, link inspectors engage across the broad spectrum of social work and care services for adults and older people, children and young people and justice services in their link areas.
The key areas of activity for link inspector work are:
- monitoring the performance and quality of social work services
- monitoring the performance of partnership public protection arrangements
- identifying factors which are supporting social work services to deliver good or improved outcomes, and any barriers
- highlighting risks to the delivery of positive outcomes by social work services, and the potential impact of those risks
- identifying good practice within social work service and disseminating this more widely
- supporting the efforts of local authorities and partnerships to build capacity for continuous improvement.
The Care Inspectorate also provides relationship managers for each council area, with responsibility for assurance and improvement work in relation to regulated services. There is a relationship manager for adult services and one for ELC. The link inspector and relationship managers work closely together.
More information about the relationship manager role can be found here.
You can get information about the link inspector for a particular local authority area by e-mailing the strategic support team at This email address is being protected from spambots. You need JavaScript enabled to view it.
Information on the link inspector role for local authorities and partnerships can be found here.
Our quality assurance role
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:
- Deaths of Looked After Children
- Deaths of young people receiving aftercare provision
- Deaths of young people in continuing care
- Learning reviews (children and young people)
- Initial Case Reviews (ICRS) & Significant Case Reviews (SCRS) – Adults
- Serious Incident Reviews
Justice
Our approach
The Care Inspectorate was tasked by the Scottish Government to lead on scrutiny and assurance to support the implementation of the community justice model and provide up-to-date scrutiny and assurance of justice social work.
The Community Justice (Scotland) Act 2016 introduced the current model of community justice. The Scottish Government outline the priorities in the national strategy for community justice.
The Act also established a national body, Community Justice Scotland to oversee community justice and introduce requirements to achieve national and local outcomes. These are highlighted within an Outcomes, Performance and Improvement Framework (OPIF).
The Scottish Government also commissioned the Care Inspectorate to develop a guide to self-evaluation for community justice in Scotland. The self-evaluation guide aligns to the national strategy and the OPI Framework (OPIF).
The guide is primarily for community justice partnerships to support continuous improvement. It also informs our approach to scrutiny and assurance of justice social work.
Since the strategic justice strategic team was established in 2018, we have undertaken a range of scrutiny, assurance and improvement activities in collaboration with a number of partners. We published an overview report in December 2021 which details our work and summarises the key findings.
How we do it
For detail on the methods we have used below, follow this link.
- Justice social work: inspections of community payback orders
- Community justice partnerships: supported and validated self-evaluation
- Community justice social work: throughcare review
- Our other work with scrutiny partners
Getting involved
We are committed to meaningfully involving people with lived experience of the justice system in our scrutiny, assurance and improvement activities. We want to develop an ethical, person-centred approach that promotes best practice. A pilot approach was developed in partnership with a national third sector agency. However, intended activities were disrupted by Covid-19. We aim to progress this work in 2022/23.
If you have any questions about our work please email This email address is being protected from spambots. You need JavaScript enabled to view it.