Health and Social Care (Staffing) Act 2019 - Annual Report ECSPB
Renfrewshire Council · 20 August 2026
Back to Education and Children's Services Policy Board — 20 August 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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PUBLIC Page 1 of 8 To: Education and Children’s Services Policy Board On: 20 August 2026 ___________________________________________________________________ Report by: Director of Children’s Services ___________________________________________________________________ Heading: Health and Care (Staffing) (Scotland) Act 2019 – Annual Report 2025-2026 ___________________________________________________________________ 1. Summary 1.1. Section 3(2) of The Health and Case (Staffing) (Scotland) Act 2019 (the Act) requires local authorities to have regard to a range of factors (detailed in paragraph 3.2 of this report) when planning or securing the provision of a care service from a third-party provider. 1.2. Section 3(6) of the Act requires local authorities to publish a report on an annual basis on the steps they have taken to comply with the requirement in section 3(2) regarding the planning and securing of care services from a third- party provider and any ongoing risks that may affect their ability to comply with this requirement. The first annual report was submitted to the Scottish Government in June 2025. 1.3. The second annual report (attached at appendix 1) from Children’s Services has been submitted to the Scottish Government. The report is presented to the Education and Children’s Policy Board for noting and to comply with the duty to make the report public. Whilst Children’s Services did not plan, secure or commission new services during the reporting period, an annual report is still required. ___________________________________________________________________ 2. Recommendations 2.1. The Education and Children’s Services Policy Board is asked to: i. note the contents of the first annual report; and ii. note the first annual report has been submitted to the Scottish Government in compliance with Section 3(6) of the Health and Case (Staffing) (Scotland) Act 2019.
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PUBLIC Page 2 of 8 ___________________________________________________________________ 3. Background 3.1. The Health and Case (Staffing) (Scotland) Act 2019 (the Act) places certain duties on local authorities in relation to the planning or securing a range of care services to be delivered on its behalf by third-party providers. 3.2. Section 3(2) of the Act requires local authorities when planning or securing care services from a third-party provider to ensure care providers have regard to the following: • The guiding principles in the Act (section 1 of the Act); • the requirement on care service providers to have regard to the guiding principles (section 3(1) of the Act); • the duty on care service providers to ensure appropriate staffing (section 7 of the Act); • the requirement on care service providers with regard to training of staff (section 8 of the Act); • the requirement on care service providers to have regard to guidance issued by the Scottish Ministers (section 10 of the Act); • the duties on care service providers under Chapter 3 of Part 5 of the Public Services Reform (Scotland) Act 2010, for example with regard to registration of care services; and • the duties on care service providers under Chapter 3A of Part 5 of the Public Services Reform (Scotland) Act 2010, for example with regard to the use of any prescribed staffing methods or staffing tools. 3.3. The Act notes the duties for local authorities in relation to children’s social work and early learning and childcare applies to the following services: • A support service • A school accommodation service • A nurse agency • A childcare agency • An offender accommodation service • Child minding • Day care of children • A housing support service • A care home service (for children) • A secure accommodation service • An adoption service • A fostering service • An adult placement service 3.4. Section 3(6) of the Act requires local authorities to publish a report on an annual basis on the steps they have taken to comply with the requirement in section 3(2) regarding the planning and securing of care services from a third- party provider and any ongoing risks that may affect their ability to comply with this requirement. Additionally, the report must be submitted to the Scottish Government. 3.5. The first annual report required to report on any new care services planned, secured or commissioned by the local authority in the period 1 April 2024 to
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PUBLIC Page 3 of 8 31 March 2025. The first annual report was submitted to the Scottish Government on 27 June 2025. 3.6. The Head of Children and Justice/Chief Social Work Officer has been identified as the lead for Children’s Services in relation to the duties of the Act. The second annual report (attached at appendix 1) indicates that Renfrewshire Children’s Services did not plan, secure or commission a care service from a third-party provider under a new arrangement (including a new framework arrangement) in the period 1 April 2025 to 31 March 2026. ___________________________________________________________________ Implications of this report 1. Financial None. 2. HR and Organisational Development None. 3. Community/Council Planning None 4. Legal This report provides assurance to the Education and Children’s Services Policy Board that Children’s Services has satisfied the legal duties of the Health and Case (Staffing) (Scotland) Act 2019. 5. Property/Assets None. 6. Information Technology None. 7. Equality and Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because it is for noting only. 8. Health and Safety None. 9. Procurement None. 10. Risk None. 11. Privacy Impact None.
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PUBLIC Page 4 of 8 12. Climate Risk None. 13. Children’s Rights None. 14. Cosla Policy Position None. List of Background Papers (a) None ___________________________________________________________________ Children’s Services JT/KO Author: John Trainer, Head of Children and Justice Social Work/Chief Social Work Officer john.trainer@renfrewshire.gov.uk 0300 300 0277
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PUBLIC Page 5 of 8 Appendix 1 Health and Care (Staffing) (Scotland) Act 2019: Annual Report Declaration Name of local authority / integration authority: Renfrewshire Council (for regulated and commissioned care services for children and early learning and childcare) Report authorised by: Name John Trainer Designation Head of Children and Justice Social Work/Chief Social Work Officer Date 23 June 2026 Details of where the report will be published: Due to the scheduling of the Council’s Policy Boards this report will be presented to the Education and Children’s Services Policy Board on 20 August 2026. The report will be published on 13 August 2026 and will be accessible via the Council’s public website section on Policy Boards. Information Required 1. Please detail the steps you have taken as an organisation to comply with section 3(2) of the Health and Care (Staffing) (Scotland) Act 2019: 3(2) In planning or securing the provision of a care service from another person under a contract, agreement or other arrangements, every local authority and every integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014) must have regard to— (a) the guiding principles for health and care staffing, and (b) the duties relating to staffing imposed on persons who provide care services— (i) by virtue of subsection (1) and sections 7 to 10, and (ii) by virtue of Chapters 3 and 3A of Part 5 of the Public Services Reform (Scotland) Act 2010. Renfrewshire Council operates and commissions a range of children’s social work and care services and early learning and childcare services. Children’s social work services operates as part of the Children’s Services Directorate.
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PUBLIC Page 6 of 8 The Head of Children and Justice Social Work is responsible for the day-to-day delivery of the council social work and care services for children. The Head of Children and Justice Social Work is also the Chief Social Work Officer and has professional reach into Renfrewshire Health and Social Care Partnership (RHSCP) in respect of adult social work and care. Early learning and childcare services are delivered directly by Children’s Services. Children’s Services also commissions early learning and childcare services from the independent sector. The Council also operates and delivers housing support services for adults via Environment, Housing and Infrastructure. Adult social work and care services in Renfrewshire are delegated to Renfrewshire Health and Social Care Partnership. This report covers the care services delivered in-house by Renfrewshire Council and those commissioned by the Council. It does not cover the adult social work and care services delivered by RHSCP. A report on how RHSCP complies with the Health and Care (Staffing) (Scotland) Act 2019 was considered and agreed at the Renfrewshire Integrated Joint Board Audit, Risk and Scrutiny Committee on 20 June 2026. This report is the second produced by Renfrewshire Council in relation to our reporting duties under the Health and Care (Staffing) (Scotland) Act 2019. The report covers the period 1 April 2025 to 31 March 2026. Renfrewshire Council did not commission or precure any new care service from any third-party provider in relation to the following services in the reporting period: • A support service • A school accommodation service • A nurse agency • A childcare agency • An offender accommodation service • Child minding
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PUBLIC Page 7 of 8 • Day care of children • A housing support service • A care home service (for children) • A secure accommodation service • An adoption service • A fostering service • An adult placement service The Council continues to make use of framework agreements with third-party providers via Scotland Excel for children’s care placements (fostering service, care home service and secure accommodation service) for a small number of children. The framework agreements utilised have been in place for some years and no new framework agreements have been introduced in the reporting period. 18 children were placed in a third-party placement in 2025- 26, and all were under the current framework agreements. The Council operates a Flexible Framework for Early Learning and Childcare Places which allows third-party provision of 1140 hours of free early learning and childcare for eligible children. This Framework has been in place for some years and no new contracts were issued in 2025-26. No new contracts were entered into in 2025-26 for housing support services. As the frameworks are considered for renewal, they will have specific requirements in place to ensure the provider is able to demonstrate they have given regard to the guiding principles of the Health and Care (Staffing) (Scotland) Act 2019. 2. Please detail any ongoing risks that may affect your ability to comply with the duty set out in section 3(2). The Council continues to review the service provision across children’s social work and care, the early learning and childcare sector, and housing support. No significant risks have been identified under the children’s social work and care sector or in the housing support sector. There is a potential risk that
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PUBLIC Page 8 of 8 some providers will face challenges in maintaining the required staffing to ensure the safe delivery of care. The current review processes in place ensure that contingency plans are in place for individuals utilising these services. The Council has a high number of children who are placed with third-party providers in the early learning and childcare sector. There is a risk identified in relation to providers either withdrawing from the framework or ceasing trading. This would mean the Council would be faced with a significant challenge to ensure alternative provision is available for children. The early learning and childcare team monitors the third-party providers, including reviews in relation to staffing, provides support and challenge and ensures contingency plans are in place for providers if and when there are identified issues.