Current status: Answered by Neil Gray on 18 March 2026
To ask the Scottish Government how many breaches of the Health and Care (Staffing) (Scotland) Act 2019 have been reported to the Scottish Ministers in each year since the Act came into force on 1 April 2024.
Health Boards are not required under the Health and Care (Staffing) (Scotland) Act 2019 (HCSA) to report individual breaches of the legislation. Health Boards are, however, required under the Act to produce an annual report on how they have carried out their statutory staffing duties. These reports are intended to support transparency and local accountability, rather than to notify Ministers of individual instances of non-compliance.
Information from these reports is used to inform the Ministerial Annual Report. The first report can be accessed here: Health and Care (Staffing) (Scotland) Act 2019 2024/25 Ministerial Annual Report - gov.scot.
Healthcare Improvement Scotland (HIS) has responsibility for monitoring and reviewing Health Board compliance with their duties, and for providing assurance on how organisations are meeting the requirements of the legislation. HIS provide assurance to Scottish Ministers via their inspection responsibilities, and their Health and Care Staffing Act Annual Report: Health and Care Staffing Act 2019 HIS functions in relation to staffing annual report 2024-2025: April 2025 – Healthcare Improvement Scotland.
HIS also provide support, if required, to Health Boards to aid them in their compliance with their duties under the Act.