Chamber and committees

The legislative requirements in relation to safe staffing levels in Early Learning and Childcare settings falls under The Health and Care (Staffing) (Scotland) Act which was enacted on 1 April 2024. The Act is applicable to all health and care staff in Scotland.

The first ministerial report on the Health and Care (Staffing) (Scotland) Act 2019, was published on 27 November 2025. The report marks an important milestone in our collective efforts to ensure safe and effective staffing decisions across Scotland’s health and care services following commencement of the legislation. While the report is system-wide, it has implications for early learning and childcare. The report explains how Scottish Ministers have considered the information submitted by health boards, local authorities, and care providers about how they are meeting their statutory staffing duties.

The Act requires local authorities to demonstrate that ELC staffing is appropriate, safe, and aligned with the Act’s principles. The Act also reinforces that ELC services are part of the care landscape subject to statutory staffing duties, not just regulatory expectations. The Act also ensures that annual reporting and Ministerial scrutiny increase accountability for safe staffing in ELC.