12.17.2024 Juanita
Ensuring there are always suitably qualified staff in adequate numbers for safe and effective care
What is the safe staffing legislation in Scotland?
The Health and Care (Staffing) (Scotland) Act 2019 ('the Act') came into force on 1 April 2024. This legislation sets out requirements for safe staffing across all health and care services in Scotland.
The Act places a legal duty on the NHS and care providers to ensure that suitably qualified staff are always working in the right numbers to provide safe and effective care. It also imposes a duty on the Scottish government to ensure sufficient registered nurses, midwives, and medical professionals are available to enable employers to meet their duty to ensure safe staffing.
What is the aim of the safe staffing legislation in Scotland?
The Act aims to provide 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 and people experiencing care.
Implementing the Health and Care (Staffing) (Scotland) Act 2019 is a key step in ensuring the social care sector becomes more effective, efficient, and sustainable and that the people of Scotland can get the right care at the right time and in the right place.
Why is there a need to introduce the safe staffing legislation in Scotland?
The 'Safe Staffing Act' has been introduced as a significant legislative measure to tackle the ongoing and persistent challenges related to staffing levels across health and care services. This initiative intends to enhance patient safety, improve health outcomes, and create a more supportive work environment for health and care providers, ultimately addressing the chronic issue of understaffing that has plagued the industry for years.
What does the safe staffing legislation in Scotland mean for care providers?
Under the Act, care providers have a duty to ensure that suitably qualified and competent staff are always working in the right numbers.
Care providers must ensure their staff have the appropriate training for their roles and receive suitable assistance, including time off work, to obtain further qualifications relevant to their roles.
The Act does not impose duties on individual frontline staff. The duties within the Act are firmly with key parties, including the Scottish government, Scottish ministers, the Care Inspectorate, and social care providers.
What staffing method should care providers use to determine staffing levels in care homes?
Our dependency and staffing tool is ideal for helping care providers comply with the new Act.
Our dependency and staffing tool:
- Ensures staffing is matched to resident needs
- Helps to provide the right skill mix to deliver high-quality care to residents
- Optimises and accurately calculates the right number of staff needed on duty – meaning care homes are far less likely to find themselves understaffed or even overstaffed
- Helps to demonstrate compliance with regulatory requirements on staffing and for the use of a staffing system
- Helps to save care providers money and generate more income by reducing the likelihood of bringing in unnecessary agency workers
- Helps to set more accurate fee levels by being able to quantify the needs of each resident and the level of care they will require
Click here to download our guide to learn more about how our dependency and staffing tool can help you comply with the safe staffing legislation in Scotland.
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