Nurse Staffing Levels (Wales) Act (2016)
The Nurse Staffing Levels (Wales) Act 2016 became law in March 2016 and requires health service bodies to have regard for the provision of appropriate nurse staffing levels. This is to ensure their nurses have the time to provide the best possible care for patients.
Wales is proud to be the first country in Europe to legislate on nurse staffing levels. The Act empowers nurses and ward managers with the evidence to support and inform their professional judgement when determining nurse staffing levels on their wards.
In accordance with the Act, NHS Wales organisations have a duty to use the triangulated approach to calculate the nurse staffing levels in adult acute medical and surgical inpatient wards and paediatric inpatient wards. Organisations also must take all reasonable steps to maintain the nurse staffing levels and report compliance in maintaining the nurse staffing levels as a means of providing assurance to the public, the Board and Welsh Government.
The Act consists of five sections:
- 25A refers to the Health Boards or Trusts’ overarching responsibility to have regard to providing sufficient nurses in all settings.
- 25B requires Health Boards/Trusts to calculate and take all reasonable steps to maintain the nurse staffing level in all adult acute medical and surgical wards, and paediatric inpatients wards. Health boards/Trusts are also required to inform patients of the nurse staffing level on those wards.
- 25C requires Health Boards/Trusts to use a specific method to calculate the nurse staffing level in all adult acute medical and surgical wards.
- 25D relates to the statutory guidance released by Welsh Government
- 25E requires Health Boards/Trusts to report their compliance in maintaining the nurse staffing level for each adult acute medical and surgical ward.
In accordance with the Act and following a period of consultation, statutory guidance was published in November 2017 to support NHS Wales in meeting the requirement to calculate and maintain the nurse staffing levels within adult acute medical and surgical inpatient areas. The guidance was updated in October 2021 when the second duty of the Act was extended to Paediatrics inpatient wards.
NHS Wales have also devised Nurse Staffing Levels (Wales) Act 2016 - Statutory Guidance and Operational Guidance to support teams which has been implemented within health boards and trusts across Wales and this is in the process of being reviewed.