Part 5Social care and social work: scrutiny and improvement

F1CHAPTER 3ACare services: staffing

82ADevelopment of staffing methods

(1)

SCSWIS may develop and recommend to the Scottish Ministers staffing methods for use by persons who provide—

(a)

care home services for adults, and

(b)

such other care services as the Scottish Ministers may by regulations specify.

(2)

In developing such methods, SCSWIS must collaborate with—

(a)

the Scottish Ministers,

(b)

Healthcare Improvement Scotland,

(c)

the Scottish Social Services Council,

(d)

every Health Board,

(e)

every local authority,

(f)

every integration authority,

(g)

such persons as SCSWIS considers to be representative of the providers and users of the care services to whom the staffing methods are to apply,

(h)

such trade unions and professional bodies as SCSWIS considers to be representative of individuals working in those care services, and

(i)

such other persons as SCSWIS considers appropriate.

(3)

In undertaking such collaboration, SCSWIS and those other persons must have regard to—

(a)

any guidance issued by the Scottish Ministers about the operation of this section, and

(b)

the guiding principles for health and care staffing set out in section 1 of the Health and Care (Staffing) (Scotland) Act 2019.

(4)

The Scottish Ministers must publish any guidance issued under subsection (3)(a).

(5)

A staffing method developed and recommended under subsection (1) must include the use of staffing level tools designed to provide—

(a)

quantitative information relating to workload, based on the needs of service users, and

(b)

quantitative or qualitative information relating to professional judgement,

in order to assist in determining the appropriate staffing levels for a care service.

(6)

A staffing method developed and recommended under subsection (1) may require persons who provide care services to put and keep in place risk management procedures that are appropriate to the care services provided.

(7)

A staffing method developed and recommended under subsection (1) may include, in particular, the taking into account of—

(a)

the current staffing levels of a care service and any vacancies,

(b)

the local context in which a care service is provided,

(c)

the physical environment in which a care service is provided,

(d)

any assessment of the quality of a care service,

(e)

the needs of the users of a care service,

(f)

comments by the users of a care service, and by individuals who have a personal interest in their care (for example family members and carers within the meaning of section 1 of the Carers (Scotland) Act 2016), which relate to the duty imposed by section 7 of the Health and Care (Staffing) (Scotland) Act 2019,

(g)

comments by the individuals working in a care service which relate to the duty imposed by section 7 of the Health and Care (Staffing) (Scotland) Act 2019,

(h)

recommendations of senior care sector or health care professionals with qualifications and experience that are appropriate to the care services in question,

(i)

the standards and outcomes applicable to care services published by the Scottish Ministers under section 50,

(j)

such indicators or measures relating to the quality of care as SCSWIS considers appropriate,

(k)

such guidance, published by professional bodies of the kind described in subsection (2)(h) or by other bodies with experience in relevant fields, as SCSWIS considers appropriate, and

(l)

such clinical evidence and research as SCSWIS considers appropriate.