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Safe staffing programme

Welcome to the Safe Staffing Programme. This area contains information about our team, our work and the Health and Care (Staffing) (Scotland) Act 2019 (HCSSA). You can also find links to useful learning resources and guidance.

Most importantly you can find here information about upcoming events, consultations and how to get in touch with us.

You can also sign up to our mailing list by clicking the button below. 

The Health and Care (Staffing) (Scotland) Act was passed by the Scottish Parliament in 2019. The work was paused to allow everyone to focus efforts on the Covid-19 pandemic. 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.

You can also find our safe staffing programme end of year report 2023/24 here.

The safe staffing programme in the Care Inspectorate is a quality improvement programme commissioned by Scottish Government.

The safe staffing team have been supporting the care sector in relation to the enactment of the Health and Care (Staffing) (Scotland) Act 2019 and they work in collaboration with service providers, people who experience care, relatives representative groups and key stakeholders.

There are a number of objectives for 24/25 that the team are working to which will support services to have a workforce that provides safe and high-quality care to ensure the best care outcomes for people experiencing care and that their staff are fully supported to carry out their role effectively and efficiently.

In relation to the development of a staffing tool for the care sector, in agreement with Scottish Government this will not be developed at the moment, as we move into the next phase of our Digital Transformation Project.

Click on the posters below to find out more information related to your service type.

Early learning and childcare Children and young people Adults and older people

Sign up to our mailing list safestaffingproject@careinspectorate.gov.scot

 

Who we are and what we do

The Safe Staffing Programme team works in collaboration with service providers, people who experience care, relatives, representation groups and other key stakeholders.

Our vision: To achieve that care services in Scotland have the right people, in the right place, with the right skills at the right time working to ensure people experience the best health and care outcomes. 

Our current objectives:

  • Increase engagement with the entire social care sector, Care Inspectorate staff, HSCPs, health boards, people experiencing care and those important to them.
  • Review our existing guidance and agree a range of core resources to prepare the sector for enactment.
  • Work with stakeholders to contribute to the development of learning resources about workload and workforce planning.
  • Collaborate with the social care sector to make recommendations about staffing tool development options for social care.
  • Collaborate with the adult care home sector to further develop a staffing method framework which assists the assessment and decision-making about workload and workforce planning.
  • Work with volunteer Health and Social Care Partnership and local authority commissioners to test the relevant guidance chapters of the Act.

Our responsibilities in the Health and Care (Staffing) (Scotland) Act 2019 are: 

To develop (and recommend to the Scottish Ministers) staffing methods for care home services for adults, and, if specified by ministers, other types of services.

As part of developing staffing methods, we must collaborate with Ministers and a variety of organisations, including Healthcare Improvement Scotland, the Scottish Social Services Council, every Health Board, every local authority, every integration authority. Also included are representatives of providers, service users, trade unions and professional bodies. Our collaboration must take into account any guidance issued by Ministers and the guiding principles for health and care staffing set out in section 1 of the HCSSA.

The team

Our programme lead is Stephanie Thom.

Our safe staffing advisors are Candice Aitken, Gloria McLaughlin and Melissa Cook.

Our team is made up of experienced professionals with a variety of backgrounds, including adult social care, early learning and children and young people, as well as experience in management and leading improvement.

Previous work and achievements

These reports provides an overview of the work undertaken by the team.

Legislation

On 1 April 2024 the new Health and Care (Staffing) (Scotland) Act 2019 came into force.

The Health and Care (Staffing) (Scotland) Act 2019 brings into legislation requirements and guiding principles for those who commission and deliver health and social care. It states that staffing is to provide safe and high-quality services and to ensure the best health care or care outcomes for people experiencing care. While this is the main purpose, health and care services should promote an efficient, effective and multidisciplinary approach which is open with and supportive of staff.  

The Act also places a statutory duty on care service providers to ensure that, at all times, suitable qualified and competent individuals are working in such numbers as are appropriate for the health, wellbeing and safety of people using the service, and the provision of safe and high-quality care and in so far as it affects those matters the wellbeing of staff. Providers are also required to ensure staff are appropriately trained for the work they perform.   You can view a video on the act here.

Public Services Reform (Scotland) Act 2010

The Public Services Reform Act includes the list of services to which The Health and Care (Staffing) (Scotland) Act 2019 will apply. It also contains the duties on care service providers with regard to registration of care services.

A new chapter (chapter 3A) will be inserted into Public Services Reform Act 2010 with regard to prescribed staffing methods and staffing tools.

The Care Inspectorate (SCSWIS) must exercise its functions in accordance with the General Principles found in the Public Services Reform (Scotland) Act 2010.

General principles:

(1) SCSWIS must exercise its functions in accordance with the principles set out in the following subsections.

(2) The safety and wellbeing of all persons who use, or are eligible to use, any social service are to be protected and enhanced.

(3) The independence of those persons is to be promoted.

(4) Diversity in the provision of social services is to be promoted with a view to those persons being afforded choice.

(5) Good practice in the provision of social services is to be identified, promulgated, and promoted.

The Care Inspectorates powers of Inspection are found under the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 (SSI 2011/185), and also the Public Services Reform (Joint Inspections) (Scotland) Regulations 2011/ SSI 2011/ 183. The powers are;

a) Entry and inspection – the power at any time to enter and inspect premises which are used, or which there is reasonable cause to believe are used, for the purpose of providing the social care service which is subject to inspection.

b) Require information – the power to take measurements, photographs and make such recordings as the authorised person considers necessary or expedient for the purpose of the inspection.
Statutory powers under Part 5 of the Public Services Reform (Scotland) Act 2010 allow the Care Inspectorate to obtain and review the personal details of individual people experiencing care.

Inspections: authorised persons

(1) Any inspection under this Part must be carried out by a person authorised by SCSWIS (an “authorised person”).

(2) A person may be authorised by SCSWIS to carry out inspections in relation to any social service or all of them.

(3) An authorised person may at any time enter and inspect premises which are used, or which the person has reasonable cause to believe are used, for the purpose of providing the social service which is subject to inspection.

(4) Where an authorised person is in possession of confidential information which has been obtained for the purposes of an inspection under this Part, the authorised person must not use or disclose that information other than—
a. for the purposes of that inspection,
b. so as to comply with an enactment or court order requiring disclosure,
c. to the extent considered necessary by the authorised person for the purpose of protecting the welfare of:
i. any child,
ii. any adult at risk (within the meaning of section 3 of the Adult Support and Protection (Scotland) Act 2007.

d. to the extent considered necessary by the authorised person for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders or

e. to the extent considered necessary by the authorised person for the purpose of assisting the Scottish Public Services Ombudsman in connection with the Ombudsman’s investigatory functions under the Scottish Public Services Ombudsman Act 2002.

Under the Public Service Reform (Scotland) Act 2010 the Care Inspectorate can issue notices.

a) Improvement Notice; an improvement notice can be issued under section 62 of the Public Service Reform (Scotland) Act 2010

b) A Condition Notice can be issued under section 66.

Section 50 of the Public Service Reform (Scotland) Act 2010 places responsibility for the preparation and publication of care standards.

Section 65 – Emergency cancellation of registration

122. Subsections (1) to (3) enable SCSWIS to apply to the sheriff for an order cancelling the registration of a care service under this chapter. The sheriff may make such an order where he considers that unless the order is made there will be serious risk to the life, health, or well-being of users of the service (or other persons).

Subsections (4) and (5) require SCSWIS to inform the appropriate local authorities and the provider of the application where an order (or an interim order) is made. Subsection (6) allows the sheriff to determine the application even where the service provider is not present.

123. Subsection (7) provides that the order can come into effect on the day it is made or on some later date decided by the sheriff. An order to cancel a service’s registration would have the effect of closing the service. This provision therefore allows a delay, if appropriate, before closure takes effect in order that the service may be closed down in a proper manner and for instance service users relocated.

124. Subsections (8) and (9) allow an appeal to be made to the sheriff within 14 days of an order being made and for the sheriff principal on hearing such an appeal to confirm, revoke or modify the order. The order remains in force when an appeal is made. No further appeal is allowed.

The Regulatory Reform (Scotland) Act 2014 is to enable provision, for the purpose of promoting regulatory consistency.

2011 No. 183 SOCIAL SERVICES The Public Services Reform (Joint Inspections) (Scotland) Regulations 2011 - The Care Inspectorate (Social Care and Social Work Improvement Scotland) was established on 1 April 2011 under the 2010 Act. It is empowered to register and regulate care services, and conduct inspections of social services, (taking over those inspections from the Care Commission, the Social Work Inspections Agency and part of HMIE).

Further information on the Public Services Reform (Scotland) Act 2010 and statutory instruments of interest can be accessed here:

Adult Support and Protection National Large Scale Investigation Framework - A Large Scale Investigation or LSI is a specific type of adult support and protection (ASP) investigation. It applies to services provided by agencies and/or organisations, and can include day services, outreach facilities, NHS facilities, care homes, supported accommodation, or when someone is receiving services in their own home. It may be required when there is a belief that a particular service, or an alleged harmer, may be placing more than one resident or service user at risk of harm. 

The framework document attached above offers a set of processes and principles that will be helpful to those conducting and/or participating in Large Scale Investigations. To help think through how these processes and principles can be realised, the framework also contains practice steps that can be considered as hallmarks of good practice. It complements the revised Adult Support and Protection (Scotland) Act 2007 Code of Practice and builds on the good practice already happening around Scotland. 

This framework is primarily aimed at local authorities in Scotland. However, its principles will also be relevant to all those who are part of Large Scale Investigations, whether they have statutory powers or not.

Learning resources and guidance

These resources and supporting documents are for care providers about the Health and Care (Staffing) Scotland Act 2019.

Knowledge and Skills Framework: Working with key stakeholders, we contributed to the development of this knowledge and skills framework for staffing. 

Scottish Social Care Workforce Planning: LinkedIn community group for workforce related developments and events within the sector

Safe Staffing cards: These can be used 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.

NES SwayNHS Education for Scotland has created a resource providing an overview of the Act, examines specific duties, and highlights the aspects relevant to each sector. This resource includes practical guidelines and bitesize videos to help you deliver care that meets the requirements of the legislation. By using this resource, you will gain a better understanding of the Health and Care (Staffing) (Scotland) Act 2019. You will identify how to apply its principles in your daily practice and ensure that your care delivery meets the legislative requirements.

SSSC Open BadgeWe have introduced a new Open Badge award for safe and effective staffing. An Open Badge is a digital certificate which recognises learning and achievement. This is awarded to people who read, understand and apply the learning from the materials and resources on The Hub’s Safe Staffing Programme area. The badge was developed in direct response to social care sector interest and can be accessed on the SSSC Open Badge website. There are four hours of learning with four different outcomes:

  • knowledge of the Health and Care (Staffing)(Scotland) Act 2019 and the guiding principles and duties.
  • knowledge and understanding of the Care Inspectorate’s Safe staffing programme.
  • knowledge on how the legislation applies to your care setting.
  • knowledge at an informed level of the fundamentals of health and care staffing, workload and workforce planning, managing and using workload and workforce data and quality assurance and governance.

Once complete, you can submit evidence of your learning and applications that have met the criteria will be awarded the badge.

Quality Improvement Zone e-learning on the Turas website: These learning resources are not directly related to staffing but will help to manage any necessary changes to practice.

Steph Thom interview with NES on the Act: Steph Thom recently did a short interview with NES on the Health and Care (Staffing) (Scotland) Act 2019 and what it means to the Care Inspectorate and our services.

A series of 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:

Guidance

There are a number of guidance documents that can support the overall assessment of staffing, including:

 

Webinars

Explore the implementation of the Health and Care (Staffing) (Scotland) Act 2019 (all service types) - 12 September 2024

 

Local and integrated authorities

Get involved

There are a number of ways you can get involved with our programme.  

Mailing List:

Sign up to our mailing list to receive regular information from the programme team. 

Contact us:

Email us directly at safestaffingproject@careinspectorate.gov.scot if you would like to get involved with the programme or if you need any further information.  

Safe staffing programme: Information for adults services

Supporting the adults care sector to prepare for enactment of the Health and Care (Staffing) (Scotland) Act 2019.

Safe Staffing: Information for children and young people's services

Supporting the children's and young people's sector to prepare for enactment of the Health and Care (Staffing) (Scotland) Act 2019

Safe Staffing: Information for ELC Services

Supporting the early learning and childcare (ELC) sector to prepare for enactment of the Health and Care (Staffing) (Scotland) Act 2019