Explanatory note

These Regulations confer an additional function upon Social Care and Social Work Improvement Scotland (commonly known as “the Care Inspectorate”) in relation to child contact services.

Regulation 2 requires the Care Inspectorate to notify the Commission for Equality and Human Rights (commonly known as “the Equalities and Human Rights Commission”) if the Care Inspectorate is of the view that a child contact service provider has, or may have, failed to comply with duties under the Equality Act 2010. The regulation focuses on, but is not limited to, duties to make reasonable adjustments to allow access by people with disabilities.

The form, content and means of communication of the notification are to be determined by the Care Inspectorate (see regulation 2(2) and (3)).

Regulation 2(4) makes clear that the existence of this express duty to notify the Equalities and Human Rights Commission in certain circumstances does not prevent the Care Inspectorate from notifying the Equalities and Human Rights Commission (or any other regulator) in other circumstances.