Care Inspectorate acted "illegally"
Our investigations team has examined the legislation relating to enforcement action by the Care Inspectorate and concluded that they acted illegally when they issued an Improvement Notice on the school. The regulations state that:
Where there is a serious breach of regulations or conditions of registration, which is leading to poor outcomes the service users, such as to justify cancellation of registration, the service provider may be served with an improvement notice, under section 62 of the Act.
Where informal enforcement has not succeeded in bringing about improvement or where the circumstances suggest that the formal enforcement is a necessary first step, consideration can be given to using our powers of enforcement under the Act.
So, in order to satisfy the requirements of the Act, the Care Inspectorate MUST:
Demonstrate that there was a “serious breach of regulations” AND
That there were “poor outcomes for service users” AND
That informal enforcement action had taken place AND
That TNS was at risk of being closed
Given the positive reports about care support in both the Care Inspection and Education Scotland reports from May 2018, and confirmation that any of the so-called weaknesses in provision related to paperwork and technical matters (which are disputed by school managers), we have to conclude that they are guilty of breaching the terms of the Act.
The Improvement Notice should never have been served on the school.
The conditions placed on the school by John Swinney can also be dismissed as inappropriate and unjustified.
The lawyers are sharpening their knives.