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    Technical Notes 2025, Issue 122 - Health and Care (Staffing) (Scotland) Act 2019 Annual Care Report

    • Report by:

      Ann Davie, Chief Executive

    • TN Number:

      122-25

    • Subject:

      Health and Care (Staffing) (Scotland) Act 2019 Annual Care Report

    • Responsible Officer:

      Derrick Pearce, Chief Officer Health and Social Care Partnership

    • Publication:

      This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.

    Details:

    1. The Health and Care (Staffing) (Scotland) Act 2019 came into force in April 2024, placing a duty on Integration Authorities and Local Authorities to ensure safe and appropriate staffing across care services.
    2. From April 2025, Integration Authorities and Local Authorities are required to submit an annual care report using the Scottish Government template and are also required to publish annual reports under Section 3(6) of the Guiding Principles of the Act.
    3. To meet the statutory obligation for care reporting, an annual care report using the Scottish Government’s template has been prepared, which will be submitted to Scottish Government by 30th June and published on the HSCP’s website on the same day.  
    4. The request within the annual report template specifically relates to planning or securing the provision of a care service from a third party.  A total of 9 services were planned or secured during the reporting period, via various procurement routes including Direct awards (support and housing support services), and National framework agreements via Scotland Excel (e.g. care homes, fostering).
    5. The report confirms that all 9 care services were planned or secured in line with the guiding principles of the Act and sets out how they will remain compliant throughout the contract life cycle. 
    6.  In relation to the planning or securing of services, Authorities must also report on any on-going risks that may affect their ability to comply with the Act. Reported risks include:
      1. Detail around guidance and interpretation of the Act is still evolving 
      2. The financial pressures and recruitment challenges across the care sector  
      3. The fact that some legacy contracts are not aligned with the Act’s requirement – albeit work is underway to review these arrangements and bring into line 
    7. The HSCP Implementation and Oversight Group continues to coordinate local compliance and reporting for both health and care as non-compliance would constitute a breach of statutory duty.
    8. The annual report for 2024-205 has been produced using a standard, consistent approach which has been used as a baseline across all Local Authorities across Greater Glasgow.  This approach was supported by a Glasgow Wide Short Life Working Group with representatives from each Local Authority to ensure the first submission deadline could be met.
    9. The report and an overview of this process was presented to the HSCP Integration Joint Board on 26th June 2025.
    10. Following this initial submission for 2024-2025, we await feedback and learning once reported to Government Ministers.  Future years reporting requirements will be amended accordingly and governed via the IJB and Policy and Resources Committee.