Health and Care (Staffing) (Scotland) Act 2019 2024/25 Ministerial Annual Report
This is the first Ministerial Report for the the Health and Care (Staffing) (Scotland) Act 2019 (the Act). The Act places duties on Scottish Ministers to consider the information it receives and lay a Ministerial response before Parliament. This report satisfies those legislative duties.
Introduction
The Health and Care (Staffing) (Scotland) Act 2019 [1](the Act) commenced in April 2024 and provides a statutory basis for the provision of appropriate staffing in health and care services, enabling safe and high-quality care and improved outcomes for service users. This requires the right people, in the right place, with the right skills, at the right time.
The legislation does not prescribe minimum staffing levels or fixed ratios and does not advocate a ‘one size fits all’ ratio, which would be inflexible to local needs, based on a fixed point in time, and not consistently reflective of workforce, case mix or dependencies. It builds on existing policies and procedures within both health and care services and effective implementation aims to embed a culture of openness and transparency, ensuring staff are informed about decisions relating to staffing and able to raise concerns.
For health services, the Act places duties on Health Boards to ensure that at all times suitably qualified and competent individuals are working in such numbers as are appropriate for the health, wellbeing and safety of patients, the provision of high-quality care and the wellbeing of staff. Furthermore, Boards are required to put in place the systems and processes to enable real-time assessment of staffing on the day which will keep patients safe now, and in years to come through better workforce planning and reform.
For care services, the Act replaces obligations introduced through the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 to ensure staffing arrangements in care settings are appropriate for the health, welfare and safety of service users.
This report covers the period of 1st of April 2024 to 31st of March 2025 and sets out the extent and nature of compliance with the Act by Health Boards and care providers, as well as setting out the steps taken by Scottish Ministers to aid with Health Board and care compliance. The report satisfies a legal Duty placed on Ministers under sections 12IG(3) and 12IM(2) of the National Health Service (Scotland) Act 1978, introduced under section 4 of the Act.
The report comprises of:
- Part 1: Health care: Duties on Health Boards
- Part 2: Health care: Duties on Scottish Ministers
- Part 3: Care Services
- Part 4: Care Services: Duties on Scottish Ministers
- Part 5: Conclusion
The individual legislative duties that are described and evidenced within the ensuing report are summarised from the Health and Care (Staffing) (Scotland) Act 2019 and the Health and Care (Staffing) (Scotland) Act 2019: statutory guidance [2] and therefore these documents should be read in conjunction with this.
Guiding Principles of the Act
The Act states that the main purposes of staffing for healthcare and care services are:
- to provide safe and high-quality services; and
- to ensure the best healthcare or (as the case may be) care outcomes for service users.
The Act then lists principles to be met, insofar as they are consistent with the main purposes, when relevant organisations are arranging staffing.
Contact
Email: hcsa@gov.scot