Does the Registered manager have an obligation to work a night shift if no other staff or agency worker is available?  Does the manager have to take responsibility?

Answered by Sheila Scott

Thank you for your question. Under Regulation 18 Safe Staffing it is the Registered Managers responsibility to deploy sufficient numbers of suitably qualified, competent, skilled and experienced staff to make sure that they can meet people’s care and treatment needs and therefore meet the requirements of Section 2 of these regulations (the fundamental standards). Staffing levels and skill mix must be reviewed continuously and adapted to respond to the changing needs and circumstances of people using the service. There should be procedures to follow in an emergency that make sure sufficient and suitable people are deployed to cover both the emergency and the routine work of the service. In my opinion, if you have no=one else to cover your shift then you will need to make sure the service is safe and pick up the shift. This probably isn’t sustainable long term and I would advise you looking at your recruitment pipeline particularly with the restriction of staff movement during COVID.