Safe staffing programme: Information for ELC services
The safe staffing programme was commissioned but the Scottish Government to support care services to prepare for the introduction of new legislation, the Health and Care (Staffing)(Scotland) Act 2019. This is the first legislation in the UK to set requirements for safe staffing for both health and care services and will affect legislation that guides the requirements of the services you currently provide.
Enacted on 1 April 2024, the Act is applicable to all health and care staff in Scotland. Statutory guidance has been published alongside the Act. The aims of the Act are to enable safe and high quality care and improved outcomes for people experiencing health care or social care services through the provision of appropriate staffing. This requires the right people, in the right place, with the right skills, at the right time.
Bitesize for daycare of children
Part 1 of the Act details the guiding principles which underpin the outcomes that the Act is seeking to deliver. Below is a list of principles of the Act which need to be read in context of achieving the overarching outcome of safe and high-quality services and ensuring the best care outcomes for children. No one principle is more important than another and they should all be considered together when determining staffing. Included for each principle is information from the statutory guidance to provide further detail.
- Improving standards and outcomes for children
- Taking account of the particular needs, abilities, characteristics and circumstances of different children
- Respecting the dignity and rights of children
- Taking account of the views of staff and people who use the service
- Ensuring the wellbeing of staff
- Being open with staff and people who use the service about decisions and staffing
- Allocating staff efficiently and effectively
- Promoting multi-disciplinary services as appropriate
Part 3 of the Act details the duty on care service providers to ensure appropriate staffing and sets out expectations for the training of staff. Below is information from the statutory guidance to provide further details. There are links to documents you may consider to support you to meet the requirements of this part of the Act.
|
Statutory guidance chapter 15.20 What is meant by 'suitably qualified and competent individuals are working in such numbers as are appropriate for…'? This provision is intended to ensure there are sufficient staff providing care, with the appropriate knowledge, skills and competence to meet the needs of people experiencing care. Care service providers should be able to demonstrate clearly that they have considered the levels of practice, training, education, experience and professional regulatory responsibilities of all of the staff within a team providing care. |
|
Statutory guidance chapter 15.22 What is meant by 'the provision of safe and high-quality care'? When judging whether or not a service is 'safe', safe does not mean 'no-risk'. Depending on the service, safe may not even mean low risk. Risk enablement is important and risks are an inevitable part of most care services. Positive risks, as defined in the Health and Social Care Standards sections 2.24 and 2.25 means making balanced decisions about risks and risk management and recognising that risks to safety are inevitable and can sometimes result in benefits. However, people experiencing care should not be put at unnecessary risk as a result of staffing which fails to provide high-quality care services. Provision of high-quality care requires the right people, in the right place, with the right skills at the right time, with the appropriate amount of time available, reflecting individual care needs, to ensure the best care outcomes for those experiencing care. High quality care should include consideration of the dignity and respect of the person experiencing care, including respect and promotion for their human rights; compassionate care and support; inclusion in care of those using the service, along with their carers and representatives as appropriate; responsive care which adapts to the needs of the person; and care which improves wellbeing. |
Documents you may consider:
- Guidance for applicants on applying to register a care service
- Records that all registered care services (except childminding) must keep and guidance on notification reporting
Webinars for daycare of children
Explore the implementation of the Health and Care (Staffing) (Scotland) Act 2019 (ELC) - 12 September 2024
Webinar 1 for ELC services on 17 January 2024
Webinar 2 for ELC services on 24 January 2024
Webinar 3 for ELC services on 31 January 2024
Bitesize for childminders
Part 1 of the Act details the guiding principles which underpin the outcomes that the Act is seeking to deliver. Below is a list of principles of the Act which need to be read in context of achieving the overarching outcome of safe and high-quality services and ensuring the best care outcomes for children. No one principle is more important than another and they should all be considered together when determining staffing. Included for each principle is information from the statutory guidance to provide further detail.
- Improving children's outcomes
- Meeting children's individual needs and enabling them to fulfil their own potential
- Respecting children's dignity and rights
- Taking children's views into account (and assistants if applicable)
- Looking after your own wellbeing (and assistants if applicable)
- Open communication with children about decisions on care arrangements (and assistants if applicable)
- Recognising what I can accomplish as a sole provider and managing my time (and assistants if applicable)
- Building relationships and working with other agencies to support children and families in my care
Part 3 of the Act details the duty on care service providers to ensure appropriate staffing and sets out expectations for the training of staff. Below is information from the statutory guidance to provide further details. There are links to documents you may consider to support you to meet the requirements of this part of the Act.
|
Statutory guidance chapter 15.20 What is meant by 'suitably qualified and competent individuals are working in such numbers as are appropriate for…'? This provision is intended to ensure there are sufficient staff providing care, with the appropriate knowledge, skills and competence to meet the needs of people experiencing care. Care service providers should be able to demonstrate clearly that they have considered the levels of practice, training, education, experience and professional regulatory responsibilities of all of the staff within a team providing care. |
|
Statutory guidance chapter 15.22 What is meant by 'the provision of safe and high-quality care'? When judging whether or not a service is 'safe', safe does not mean 'no-risk'. Depending on the service, safe may not even mean low risk. Risk enablement is important and risks are an inevitable part of most care services. Positive risks, as defined in the Health and Social Care Standards sections 2.24 and 2.25 means making balanced decisions about risks and risk management and recognising that risks to safety are inevitable and can sometimes result in benefits. However, people experiencing care should not be put at unnecessary risk as a result of staffing which fails to provide high-quality care services. Provision of high-quality care requires the right people, in the right place, with the right skills at the right time, with the appropriate amount of time available, reflecting individual care needs, to ensure the best care outcomes for those experiencing care. High quality care should include consideration of the dignity and respect of the person experiencing care, including respect and promotion for their human rights; compassionate care and support; inclusion in care of those using the service, along with their carers and representatives as appropriate; responsive care which adapts to the needs of the person; and care which improves wellbeing. |
Bitesize 3 presentation slides
Documents you may consider:
Webinars for childminders
Explore the implementation of the Health and Care (Staffing) (Scotland) Act 2019 (childminders) - 10 September 2024
Webinar 1 for childminding services on 17 January 2024
Webinar 2 for childminding services on 29 January 2024
Webinar 3 for childminding services on 7 February 2024
Learning resources
Find below some useful resources.
- We created a poster to raise awareness of the Act for services and their staff. Please download the poster for ELC services and display in your service.
- Use Safe Staffing cards sway for a deeper understanding of the Act and the implications for your service. The cards can be used as part of a self-evaluation exercise, to identify strengths and raise awareness for areas for improvement.
- We have collated the voice of the sector which we gathered during in person events and webinars. Please find the word cloud for childminders which incorporates the 8 main principles. There is an individual word cloud for each principle for the daycare of children.
- FAQs
- This SeeMe video below highlights the importance of stigma in the work place and highlights further resources to support staff wellbeing.
A series of six information guides
These guides have been produced to support managers and senior staff in registered care services who are engaged in workload assessment/planning and inspectors evaluating services:
Guiding principles
Appropriate staffing
Staffing method framework
Staff training qualifications and registration
The wellbeing of staff
Planning commissioning reporting
Get involved
