National Health Service (Scotland) Act 1978

[F1 12ID Duty to have risk escalation process in place S

(1) It is the duty of every Health Board and the Agency to put and keep in place arrangements for the escalation of any risk—

(a) identified during the real-time assessment of its staffing levels in accordance with arrangements put in place under section 12IC, and

(b) which it has not been possible to mitigate in accordance with the arrangements put in place under that section.

(2) The arrangements under subsection (1) must, in particular, include—

(a) a procedure for the initial reporting of a risk as described in subsection (1), by an individual with lead professional responsibility (whether clinical or non-clinical) in the area where the risk was identified, to a more senior decision-maker,

(b) a requirement for any such decision-maker to seek and have regard to appropriate clinical advice, as necessary, in reaching a decision on the risk, including on how to mitigate it,

(c) a procedure for the onward reporting of the risk, as necessary, to a more senior decision-maker in turn, and a requirement for that decision-maker in turn to seek and have regard to appropriate clinical advice, as necessary, in reaching a decision on the risk, including on how to mitigate it,

(d) a requirement for the arrangements put in place under paragraph (c) to escalate further, as necessary, in order to reach a final decision on the risk, including in appropriate cases by the reporting of the risk to the members of the Health Board or the Agency (as the case may be),

(e) a procedure for the notification of every decision made following the initial report, and the reasons for it, to—

(i) any individual who was involved in identifying the risk in accordance with the arrangements put in place under section 12IC(2)(a),

(ii) any individual who was involved in attempting to mitigate the risk in accordance with the arrangements put in place under section 12IC(2)(c),

(iii) any individual who was involved in reporting the risk in accordance with the arrangements put in place under paragraph (a), (c) or (d) of this subsection, and

(iv) any individual who gave clinical advice in accordance with the arrangements put in place under section 12IC(2)(c), or under paragraph (b), (c) or (d) of this subsection,

(f) a procedure for those individuals to record any disagreement with any decision made following the initial report,

(g) a procedure for those individuals to be able to request a review of the final decision on a risk (other than a final decision made by the members of the Health Board or the Agency) made in accordance with the arrangements put in place under section 12IC(2)(c) or, as the case may be, paragraphs (b), (c) or (d) of this subsection,

(h) raising awareness among staff about the procedures described in paragraphs (a) to (g),

(i) training individuals with lead professional responsibility (whether clinical or non-clinical) for particular types of health care, and other senior decision-makers, in how to implement the arrangements put in place under paragraphs (a) to (h), and

(j) ensuring that such individuals receive adequate time and resources to implement those arrangements.]

Textual Amendments

F1 Ss. 12IA-12IO and cross-heading inserted (15.5.2023 for specified purposes, 6.2.2024 for specified purposes, 1.4.2024 for specified purposes) by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 4(2), 15(2); S.S.I. 2023/131, reg. 2, sch.; S.S.I. 2024/20, reg. 2(1)(2)

Modifications etc. (not altering text)

C1 Ss. 12IC-12IF applied (1.4.2024) by S.I. 1995/574, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(2), 15(2); S.S.I. 2024/20, reg. 2(2))

C2 Ss. 12IC-12IF applied (1.4.2024) by S.I. 1999/686, art. 5, Sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(5), 15(2); S.S.I. 2024/20, reg. 2(2))

C3 Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2002/305, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(11), 15(2); S.S.I. 2024/20, reg. 2(2))

C4 Ss. 12IC-12IF applied (1.4.2024) by S.S.I. 2001/137, art. 5, sch. Pt. 1 (as amended by Health and Care (Staffing) (Scotland) Act 2019 (asp 6), ss. 5(8), 15(2); S.S.I. 2024/20, reg. 2(2))