The National Care Service (Scotland) Bill has reached a significant milestone as it passes Stage 1 in the Scottish Parliament. The legislation aims to transform the landscape of social care in Scotland. While the bill has garnered attention for its ambitious goals, it has also encountered criticism and scrutiny from various groups.

Legislative Progression:

On 29 February 2024, MSPs voted to pass the National Care Service (Scotland) Bill to Stage 2. At Stage 1, MSPs deliberated on the general principles of the National Care Service (Scotland) Bill. The bill proposes a fundamental restructuring of social care, intending to transfer responsibility from local authorities to a newly established national service. Proponents argue that such a move is imperative to enhance the quality and consistency of care services across Scotland.

However, despite the bill's aspirations, it faced significant resistance during the stage 1 debate. Opposition parties expressed reservations, citing concerns about the lack of clarity regarding the functions and financial implications of the proposed National Care Service.

Overview of Bill:

The National Care Service (Scotland) Bill embodies a comprehensive approach to reforming the social care system in Scotland, providing for the following key changes:

1. Establishment of the National Care Service: The bill sets out the framework for the creation of a unified National Care Service, aiming to streamline the delivery of care and support services across Scotland. It seeks to centralise decision-making and resource allocation, ensuring greater transparency, consistency, and accountability across care services.

2. Enhanced Support of Care Providers: Recognising the critical role of care providers in delivering high-quality services, the bill emphasises measures to support frontline workers. It envisages improved working conditions, enhanced training opportunities, and mechanisms to promote professional development within the care sector. Further, the bill includes provisions to bolster support mechanisms for carers, such as rights to breaks and access to respite services.

3. Strategic Planning and Accountability: The bill places a strong emphasis on strategic planning and accountability mechanisms to drive continuous improvement within the National Care Service. It mandates the development of robust strategic plans, informed by stakeholder engagement and evidence-based practices, to guide the delivery of care services.

In response to calls for greater oversight and regulation, the bill also introduces reforms aimed at enhancing the regulatory framework governing care services. This includes measures to ensure compliance with standards, streamline administrative processes, and empower regulatory bodies to enforce accountability.

4. Promotion of Rights and Dignity: Embedded within the bill is a commitment to upholding the rights and dignity of individuals receiving care and support. It enshrines principles of person-centred care, emphasising the importance of autonomy, choice, and respect for individual preferences and cultural diversity.

5. Information Sharing and Management: Acknowledging the importance of information in delivering effective care, the bill allows for the establishment of consistent and integrated care records. By standardising information processing and sharing practices, the Bill aims to enhance coordination and facilitate informed decision-making within the care sector.

Next Steps:

Following its passage at Stage 1, the National Care Service (Scotland) Bill has proceeded to Stage 2, where MSPs have the opportunity to propose amendments. This stage involves detailed scrutiny of the bill's provisions, with amendments considered and decided upon by a committee.

The forthcoming amendments will shed light on potential refinements to the bill, addressing concerns raised during the parliamentary debate. MSPs will engage in thorough deliberations to ensure that the final legislation reflects the best interests of Scotland's residents and caregivers.

We will keep you updated as the Bill progresses. If you have any queries about this bill, or care service support more generally, get in touch with Fiona McLeod or your usual Brodies contact.


Fiona McLeod

Legal Director

Sarah Keir

Trainee Solicitor