5.5 2026 06 11 MIJB_Health and Care Staffing ActREPORT
Midlothian Council · 11 June 2026
Back to Midlothian Integration Joint Board — 11 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Midlothian Integration Joint Board Thursday, 11th June 2026, 14:00-16:00 Midlothian IJB Health and Care (Staffing) (Scotland) Act 2019 Update Position Report Item number: 5.5 Executive summary This report sets out an updated reporting position for compliance with the duties set out for Integration Authorities on the Health and Care (Staffing) (Scotland) Act 2019. The Act sets out a number of statutory duties relating to the assessment and provision of appropriate staffing for key staffing groups and service provision within health and social care. This legislation came into effect on the 1st of April 2024. All Integration Authorities must meet the requirements of the Act and relevant secondary legislation. These duties can be found in section 3(2) and (6) of the Act and relate to the planning or securing the provision of care services from third party providers. A significant proportion of the IJBs budget is utilised through the planning and securing of care provided by a third party. Scottish Government require all IJBs to return an Annual Report outlining how they have complied with the Duties in 2025 no later than 30 June 2026. The Scottish Government reporting template is included in Appendix 1. As a result of this report, Members are asked to: Note the contents of this Report. Agree the submission of the return to Scottish Government in Appendix A by 30 June 2026.
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Midlothian Integration Joint Board Report Midlothian IJB Health and Care (Staffing) (Scotland) Act 2019 Update Position Report 1 Purpose 1.1 This report sets out an updated reporting position for compliance with the duties set out for Integration Authorities on the Health and Care (Staffing) (Scotland) Act 2019. There is a requirement to submit a return to Scottish Government by 30 June 2026. The proposed return is in Appendix 1. 2 Recommendations 2.1 As a result of this report, Members are asked to: Note the contents of this Report. Agree the submission of the return to Scottish Government in Appendix A by 30 June 2026. 3 Background and main report 3.1 The Health and Care (Staffing) (Scotland) Act, 2019 sets out a number of statutory duties relating to the assessment and provision of appropriate staffing for key staffing groups and service provision within health and social care. This legislation came into effect on the 1st of April 2024. 3.2 The duties of the Act are different for Health Boards, Local Authorities, and Integration Authorities. Health Boards and Local Authorities must report on the staffing provision for specific staffing groups defined in the legislation, while Integration Authorities are asked to focus on the assurance relating to the provision of services planned or secured by health and social care and provided by a third party. Reporting templates have been provided by Scottish Government for Health Boards who must report quarterly and annually. 3.3 All Integration Authorities must meet the requirements of the Act and relevant secondary legislation. These duties can be found in section 3(2) and (6) of the Act and relate to the planning or securing the provision of care services from third party providers. This will require Midlothian IJB to receive assurance from Midlothian HSCP on commissioning activity for a 'care service' provided by a third party and ensure that providers are compliant with the duties of the Act.
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Midlothian Integration Joint Board 3.4 The Act defines a 'care service' as mentioned in section 41(1) of the Public Services Reform (Scotland) Act 2010. Section 3(2) of the Act describes our duty when planning or securing the provision of a care service from a third-party provider. This must include how we ensure the provision of safe and high-quality care, and the health, wellbeing and safety of staff and people who access services. 3.5 The duty applies to services provided by staff working in a care service. The definition of "working in a care service" includes working for payment or as a volunteer, and working under a contract of service or apprenticeship, a contract for services or otherwise than under a contract. 4 Policy Implications 4.1 This report is in direct response to the Health and Care (Staffing) (Scotland) Act 2019, the Statutory Guidance of which came into effect on the 1st of April 2024. 4.2 There are clear links to a range of national policies and drivers including the Scottish Government Health and Social Care: National Workforce Strategy, the guidance for Three Year Integrated Workforce Plans, Statutory Guidance for Strategic Plans, and Scottish Government guidance on Preparing to Transition Towards a National Care Service for Scotland. 5 Directions 5.1 This report directly and positively impacts upon NHS Lothian’s and Midlothian Council’s ability to deliver the following Midlothian IJBs Directions: Direction 8.3 NHS Lothian and Midlothian Council must ensure commissioned partners and providers meet the duties of the Heath and Care (Staffing) (Scotland) Act. Specifically, NHS Lothian and Midlothian Council must ensure provision in procurement and contract management support to ensure Midlothian IJB report annually on its duty to comply with the Heath and Care (Staffing) (Scotland) Act reporting on the compliance of commissioned partners who deliver services on behalf of the HSCP. 6 Equalities Implications 6.1 An Equality and Children’s Rights Impact Assessment (ECRIA) screening tool has been completed and submitted with this report. There is no requirement to undertake and ECRIA as a result of this report. 6.2 This report does not directly impact on groups of people with protected characteristics.
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Midlothian Integration Joint Board 7 Resource Implications 7.1 There is no resource implication as a result of this report other than the time and capacity required from the officers of Midlothian HSCP. 7.2 This report is in line with the principles of Best Value. 8 Risk 8.1 There is a risk that by not undertaking the work outlined in this report that Midlothian IJB will not be compliant with the duties of the Health and Care (Staffing) (Scotland) Act 2019 due to Midlothian HSCP being unable to provide the relevant assurance. 9 Involving people 9.1 As commissioning activity is undertaken by both NHS Lothian and Midlothian Council on behalf of Midlothian HSCP who plan and secure these services, this report will also be of interest to those service areas which plan and secure services provided by third parties. 10 Background Papers 10.1 None. Author’s Name Nick Clater Designation Head of Adult Services and CSWO Contact Information nick.clater@midlothian.gov.uk Date 26/05/26 Appendices: Appendix 1: Health and Care (Staffing) (Scotland) Act 2019: Annual Report