South Lanarkshire Council has confirmed it is meeting its legal duties under Scotland's safe staffing legislation for commissioned care services. A report presented to the Social Work Resources Committee on July 1 outlines the council's annual return under the Health and Care (Staffing) (Scotland) Act 2019, which requires local authorities to demonstrate how they have taken safe staffing into account when commissioning certain regulated care services.
Scope of the Annual Return
The report states that, for the 2026/26 financial year, the return applies only to newly commissioned services or existing contracts that have been significantly varied, rather than services provided directly by the council. According to council officers, all commissioned providers are required to be appropriately registered with the Care Inspectorate and to employ suitably qualified and trained staff. The report also says no contracts have been awarded to providers that fail to meet those registration requirements.
Monitoring and Oversight
The council says commissioned services are monitored through regular performance reviews, provider meetings and governance arrangements, with inspection reports from the Care Inspectorate also used to oversee quality and standards. The report recognises potential challenges facing the sector, including shortages of care providers and the complexity of different commissioning arrangements. However, officers state that no risks have been identified that would prevent the council from complying with its duties under the legislation.
Committee Action and Implications
Members of the Social Work Resources Committee were asked to note both the report and the council's annual return, which has been prepared for submission to the Scottish Government. The report also states there are no direct financial, staffing or environmental implications arising from the annual return. Future tenders and contract variations will continue to include the requirements of the Act as part of the council's commissioning process. The Health and Care (Staffing)(Scotland) Act 2019 came into force in April 2024 and is intended to ensure staffing arrangements support safe, high-quality care across health and social care services.
