8. Next steps and implementation

Recommendations / preferred options

Based on the impact assessment, stakeholder engagement, and options appraisal, the recommended approach is to establish the National Social Work Agency (NSWA) as an executive agency of the Scottish Government. This option was selected as it offers the best balance of deliverability, cost-effectiveness, influence, and alignment with strategic objectives, while supporting shared accountability and minimising disruption.

References to stakeholder engagement reflect wider policy and agency development rather than structured engagement for the BRIA. The recommendation is therefore based primarily on internal analysis, strategic considerations, and existing evidence regarding social work system needs.

Ministerial decisions have confirmed this direction, recognising that the executive agency model:

• provides clear accountability between national and local government
• supports implementation of national policy and workforce development
• operates cost-effectively, with the lowest additional cost compared to other options
• aligns with the Independent Review of Adult Social Care in Scotland (IRASC) and has strong support from COSLA, Social Work Scotland and the wider profession

Mitigating actions:

To address identified impacts and concerns, the following actions will be taken:

• ongoing engagement with business, third sector, and other stakeholders to ensure impacts are understood and mitigated
• proportionate compliance and enforcement mechanisms, with particular attention to the needs of small and micro businesses
• clear communication and guidance to support understanding and implementation
• flexibilities and exemptions where justified, especially for smaller organisations

These actions will be refined as more evidence is gathered through targeted engagement during the shadow phase.

Implementation considerations / plan

The NSWA Chief Executive will be responsible for implementation, supported by a senior leadership team and the NSWA Management Advisory Board. Scottish Ministers will retain overall accountability.

The primary objective is to deliver a skilled, supported, and sustainable social work workforce, improve consistency and quality of services, and ensure national leadership and oversight. Success criteria will include workforce stability, improved service outcomes, and stakeholder satisfaction.

Implementation planning will be informed by an initial agency-by-agency impact analysis (Annexe 1), ensuring that mitigating actions are tailored to the needs and risks identified for each group.

Timetable for implementation:

• preparation phase (summer 2024 – spring 2025): development of governance structures, operational planning, and stakeholder engagement
• shadow phase (spring 2025 – March 2026): transitional operation to test and refine functions, staffing, and systems
• full launch (spring 2026): NSWA formally commences operations as a public body

Stakeholder identification:

Implementation will involve local authorities, NHS (where they are employers of social work), third and independent sector providers, higher education institutions, regulatory bodies, business representative organisations, and service users. Wider communication will ensure all affected parties are informed and able to participate. Stakeholder roles will be refined through further engagement as implementation develops.

Communication strategy:

Regular updates, clear guidance, and accessible materials will be provided to all stakeholders, with particular attention to small businesses and organisations less familiar with public sector processes. Early warning of changes and requirements will be prioritised.

Risk management:

Risks will be identified, monitored, and managed through robust governance arrangements, regular review, and engagement with the Regulatory Review Group and other expert bodies. Mitigations will be developed for key risks such as resistance to change, resource constraints, and unintended impacts on business.

Alignment with existing initiatives:

Implementation will be coordinated with other government reforms (e.g., Care Reform (Scotland) Bill), inspection agencies, and ongoing workforce initiatives to avoid duplication and manage aggregated burdens.

Further steps:

Implementation plans will be refined as more detail on impacts emerges, with further engagement and feedback sought from stakeholders.  Future steps will also include targeted business engagement to strengthen the evidence base for the final BRIA.

Post-implementation review

A formal post-implementation review will be conducted within 10 years of the policy coming into force, or earlier if aligned with pre-programmed reviews. The review will assess:

• whether the policy objectives have been met
• whether impacts (costs and benefits) have occurred as expected
• stakeholder views on implementation and any unforeseen consequences
• compliance levels and the effectiveness of the enforcement regime
• whether the review is statutory or a non-statutory commitment
• criteria for modifying or replacing the policy if objectives are not achieved or if the policy is no longer relevant
• confirmation that the five principles of better regulation (transparent, accountable, proportionate, consistent, targeted) are evident in delivery and outcomes

Engagement to date has informed the completion of this BRIA. Further engagement with business stakeholders will be undertaken during the development of the interim corporate plan and throughout the implementation phase.

The final BRIA will serve as the baseline for this review, including the success criteria against which effectiveness will be measured. Stakeholder feedback, including from business representative organisations, will inform any necessary adjustments to the agency’s scope, structure, or operations.