Commentary on Sections
Part 3 – Staffing in Care Services
Section 7 – Duty on care service providers to ensure appropriate staffing
55.This section restates in primary legislation the existing duty on care service providers in regulation 15 of the 2011 Regulations, which were made under the power in section 78 of the 2010 Act for the Scottish Ministers to impose appropriate requirements on care services. Section 7(1) places a duty on a person who provides a care service to ensure that an appropriate number of suitably qualified and competent individuals are working in their service at all times for two related purposes: for the health, wellbeing and safety of service users, for the provision of safe and high-quality care (and, in so far as it affects either of these, the wellbeing of staff).
56.Subsection (2) then lists the factors which providers must have regard to in ensuring they have the appropriate number of staff to achieve those aims. These criteria are also relevant for SCSWIS in its enforcement and inspection role under sections 59 to 74 of the 2010 Act, and ultimately for the courts (given the potential for care services to appeal to the sheriff under section 75 of the 2010 Act).
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