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Groundbreaking safe staffing legislation comes into force but more nurses are needed

Scotland’s safe staffing legislation comes into force from today (1 April 2024). This is an opportunity to acknowledge the years of RCN campaigning that have got us to this point.

Safe Staffing Saves Lives

The Health and Care (Staffing) (Scotland) Act 2019 is the first legislation in the UK to set out requirements for safe staffing across NHS and care services. The Act places a legal duty on NHS and care providers to make sure there are always suitably qualified staff working in the right numbers for safe and effective care. It also imposes a duty on the Scottish government to ensure there are sufficient numbers of registered nurses, midwives and medical professionals available to enable employers to meet their duty to ensure safe staffing.

However, nursing vacancy rates remain stubbornly high and staff shortages continue to have an impact on patient safety and the well-being of staff.

The need for more nursing staff to ensure safe care has been widely recognised by the public.

In recent polling carried out on behalf of RCN Scotland, 84% of people said they believe there are not enough nursing staff across health and care services to provide safe and effective care.

The public understand the toll that years of underinvestment and under-resourcing are having on you and health and social care staff in general.

Over 90% said that more should be done to protect the wellbeing of nursing staff and 84% said nursing staff should be paid more for the work they do. The public was asked about the main factors influencing whether or not there are enough registered nurses and nursing support workers. Respondents recognised that the levels of stress, length of working hours and salary are hindering recruitment and pushing people out of the profession.

Only 30% felt that nursing was an attractive and rewarding career, highlighting how essential it is to get the implementation of the Health and Care (Staffing) (Scotland) Act right. The Scottish government also needs to ensure that the Ministerial Nursing and Midwifery Taskforce delivers on the aspiration of making Scotland ‘the best place for nurses and midwives to come and work’.

Colin Poolman, Director, RCN Scotland, said: “You were instrumental in shaping this groundbreaking legislation and in securing a timetable for the Act to be implemented. Given the role we played, we must welcome the implementation of this important legislation and remain hopeful that this, along with the Ministerial Nursing and Midwifery Taskforce, will provide 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. The findings from our recent polling echo the concerns you have shared about unacceptable and unsafe working conditions 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.”

We are calling for an annual parliamentary debate on safe staffing to ensure ongoing scrutiny of how the duties introduced by the Act are being met.