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Safe NHS staffing levels legislation comes into effect

The legislation places a duty on health boards and care services to ensure appropriate staffing levels are in place. (PA)
The legislation places a duty on health boards and care services to ensure appropriate staffing levels are in place. (PA)

Legislation on health and care staffing levels is set to come into effect, five years after the law was passed in Holyrood.

The Health and Care (Staffing) Act was passed in the Scottish Parliament in 2019, but its implementation was delayed – in part due to the coronavirus pandemic.

It was the first legislation in the UK to set out requirements for safe staffing levels across both sectors.

Health Secretary Neil Gray has hailed a “significant day” as the legislation comes into effect from April 1.

The legislation places a duty on health boards and care services to ensure appropriate staffing levels are in place across the sectors.

Mr Gray said: “Today is a significant day for health and social care in Scotland. This new Act, which forms a key part of our efforts to reform and recover health and care, will ensure services are more effective, efficient and sustainable.

“It will help put in place systems and processes to allow real-time assessments on staffing levels, meaning resources can be managed more easily, and that people can get the right care, at the right time, in the right place.

“The Act will also help to embed a culture of openness so workers are informed about decisions relating to staffing and feel able to raise any concerns.”

Royal College of Nursing (RCN) Scotland director Colin Poolman said: “RCN members were instrumental in shaping this groundbreaking legislation and in securing a timetable for the Act to be implemented.

Neil Gray visit to Queen Elizabeth University Hospital
Neil Gray described the introduction of the legislation as a ‘significant day’ (Jane Barlow/PA)

“Given the role we played, our members are welcoming the implementation of this important legislation and are hopeful that this is a significant step, along with the ministerial nursing and midwifery taskforce, to providing the environment for positive change.

“The Scottish public are under no illusion – they are experiencing first-hand the impact of record waiting times and staff shortages.”

He highlighted a poll carried out for RCN last month which found 84% of respondents believe there are not enough nursing staff across health and care services to provide safe and effective care.

He said: “The findings from the recent polling echo those expressed by RCN members who are concerned that unacceptable and unsafe working conditions are being normalised.

“Today marks an important milestone but implementation must be accompanied by investment, innovation and continued scrutiny, if we are to retain existing nursing staff and establish a sustainable nursing workforce for the future.”