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Publication - Impact assessment

Partial Business and Regulatory Impact Assessment

Published
2 Mar 2026

2. Executive summary

This document is the Partial Business and Regulatory Impact Assessment (BRIA) for the establishment of the National Social Work Agency (NSWA) as an executive agency of the Scottish Government. The BRIA outlines the rationale, expected outcomes, options considered, sectors affected, and initial insights drawn from existing professional dialogue within the social work system, anticipated impacts, enforcement and compliance arrangements, recommendations, and plans for evaluation and review.

The BRIA identifies both direct and indirect impacts on businesses, including staff training, compliance, and supply chain effects. While the NSWA is not expected to impose direct regulatory or financial costs on private businesses, evidence suggests there are some indirect costs for third and independent sector organisations delivering commissioned services, such as staff time, training, and compliance with new standards.

Issue and why it needs to be addressed

Social work in Scotland faces systemic challenges including high vacancy rates, increasing demand and complexity, and a fragile student placement system. These issues hinder the ability of social workers to fulfil statutory duties and impact service quality. A national agency is needed to coordinate efforts and provide strategic leadership.

Intended outcomes

The NSWA aims to ensure a skilled, supported, and sustainable social work workforce. It will raise the profile of the profession, improve consistency in practice, support workforce planning and education, and enhance implementation of national policy.

Options

Options considered include:

  • business as usual (BAU): maintain current arrangements with fragmented leadership and no central coordination
  • establishing the NSWA as an executive agency: create a distinct entity within Scottish Government, accountable to Ministers, with a board and civil servant staff
  • creating a non-departmental public body (NDPB): establish a statutory public body, independent from Scottish Government, with its own board and budget

Following stakeholder engagement with the Scottish Social Work and multi-criteria decision analysis, the executive agency model was selected as the preferred option due to its cost-effectiveness, alignment with strategic goals, and ability to support shared accountability.

Sectors affected

The NSWA will impact:

  • local authorities (primary employers of social workers)
  • NHS (where they are employers of social work)
  • third and independent sector providers of social work services, e.g. fostering, adoption, secure care (including, private businesses, social enterprises, and charities)
  • social work sector membership bodies
  • higher education institutions and training providers
  • wider public sector
  • individuals and communities who rely on social work advice, guidance and services

At present, there are limited privately owned enterprises that directly employ social workers in Scotland. The primary impact on private sector businesses is through supply chain relationships and commissioned services. These assessments are based on early analysis and will be further refined as more detailed engagement with affected sectors is undertaken during the implementation phase and ahead of the final BRIA.

Engagement completed, ongoing and planned

Engagement to date has been limited and primarily derived from routine policy‑related forums and ongoing interactions within the social work system, rather than through a formal engagement programme. Initial insight has been obtained where partners have contributed views through these existing channels. Further, more targeted engagement will be undertaken during the implementation phase, ahead of development of the final BRIA.

Anticipated impacts intended and unintended, positive and negative) and mitigating actions

Intended impacts include improved workforce planning, education, and service delivery. Potential risks include insufficient resources or stakeholder disengagement. Mitigating actions include repurposing existing budgets, formalising partnerships, and a co-design approach to standards and implementation support. The NSWA is not expected to impose direct regulatory or financial costs on private businesses, but evidence suggests there are some indirect costs for third and independent sector organisations delivering commissioned services, such as staff time, training, and compliance with new standards. These costs are expected to vary depending on the size and capacity of the organisation. Opportunities for innovation and increased demand for training and development services are also anticipated. Further evidence on business impacts will be developed through future targeted engagement.

Annex 1 provides initial outline agency-by-agency impact information, summarising the potential positive effects, negative effects/risks, and areas where NSWA work may reduce or change the role of each organisation. This analysis supports the identification of targeted mitigating actions for each group and will be further informed by ongoing engagement and implementation planning.

Enforcement/compliance

The NSWA will operate under the oversight of Scottish Ministers and will be subject to public sector governance and audit requirements. Compliance will be monitored through annual reporting and performance frameworks. The NSWA will not act as a regulatory enforcement body; instead, it will support compliance through guidance, implementation support, and collaborative work and planning with employers, social workers and wider representatives of social work. Compliance with workforce standards and statutory duties will remain the responsibility of employers and existing regulatory bodies such as the Scottish Social Services Council (SSSC) and the Care Inspectorate.

Recommendations/implementation plans

It is recommended to proceed with establishing the NSWA as an executive agency. A shadow phase began in 2025, with full launch planned for spring 2026. Implementation will include development of governance structures, staffing, and strategic planning. Further engagement, evidence‑gathering, and co‑design activity will support refinement of implementation plans ahead of the final BRIA.

Evaluation and monitoring of implementation/review of BRIA

The NSWA will be evaluated through annual reports to Ministers, performance monitoring, and stakeholder feedback. A post-implementation review will assess the agency’s impact and inform future improvements. This will be reflected in the final BRIA.

The BRIA identifies potential direct and indirect impacts on businesses, including staff training, compliance, and supply chain effects. These are detailed in Section 5, with further engagement planned to refine estimates and ensure business perspectives are fully considered.

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