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Regulating Human Services: Control or Learning?

Regulating Human Services: Control or Learning? . NESC Conference, Quality & Standards in Human Services Croke Park, November 2012 Colin Scott University College Dublin. Significance of NESC Research. Comparative mapping of major segment of social regulation

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Regulating Human Services: Control or Learning?

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  1. Regulating Human Services: Control or Learning? NESC Conference, Quality & Standards in Human Services Croke Park, November 2012 Colin Scott University College Dublin

  2. Significance of NESC Research • Comparative mapping of major segment of social regulation • wide variety and some outstanding practices • shift towards regulatory model incomplete • Learning complements control in regulatory governance • Focus on learning supported by principles-based regulation • Regulation accompanied by Meta-Regulation

  3. Regulating Human Services:Three Challenges How to Set the Standards? How to Know What is Happening? How to Change Behaviour? What have we learnt from NESC reports and what else do we need to learn and do?

  4. Regulatory Process • Rules or Principles? • State or non-State? • Process in Standard- • Setting • Inspection • Self-Reporting/Monitoring • User Feedback • Third Party Monitoring • Deterrence or Compliance? • Is Public Sector Different? • System-Level Issues • Meta-Regulation • Triple-Loop Learning and Revisable Goals • Participation in Networks

  5. Changing Behaviour:Three Sided Enforcement Pyramid Authorization Revocation Prosecution Fixed payments State Undertakings Users, NGOs Unions Warnings Education & Advice Action for damages Action for damages Businesses Referral to agency Whistle blowing Complaint Complaint Source: Adapted from Grabosky 1997

  6. What Next? • Control • address incomplete and fragmented regimes • ensure credible capacity for detection and enforcement • focus on outcomes • development of diagnostic monitoring • Learning • foster operational learning within and between sectors • use learning to revise regimes • review balance between provision, regulation and • meta-regulation • More Research

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