The Government’s latest response to the sleep-in pay crisis is the introduction of a new Social Care Compliance Scheme (SCCS).
Under the scheme, providers who have not paid sleep-in shifts in compliance with the National Minimum Wage can self assess their non-compliance and repay workers with protection against HMRC enforcement action.
At the end of last year, the Competition and Markets Authority (CMA) began a formal market study into care homes for the elderly, to review how well the market works and if people are treated fairly. The study is focused on four key areas: choice of home, regulation of the sector, competition between providers and consumer protection issues.
Since the introduction of the Fundamental Standards and Ratings System in April 2015, it is clear that the Care Quality Commission (CQC) is taking a firmer approach to inspections and regulation. Unsurprisingly we have seen a corresponding increase in the number of enquiries received from providers who wish to challenge the contents of their report. Here are my top tips on how to succeed with a challenge.
The recent case of Royal Mencap Society v Mrs Tomlinson-Blake (‘the Mencap case’) confirmed that sleep-in shifts in a care setting were ‘working time’ and subject to the National Minimum Wage/Living Wage.
The ruling is consistent with earlier judgments and was not unexpected. However, it was not the outcome care providers hoped for and the implications will cause significant concern to those who have not treated sleep-in shifts as working time.
Welcome to the April edition of the monthly bulletins from our Social Care team.
It is well known that the social care sector is in the midst of a funding crisis due to punishing budget cuts and stagnant fee rates. CQC has publicly stated that the sector is “at tipping point”.
The CMA (formerly the Office of Fair Trading) recently announced its intention to carry out a 12 month market study into care homes across the UK.
After six years of punishing budget cuts and stagnant or below inflation increases in local authority fee rates, the care sector is, as CQC states, “at tipping point”. If you are a provider who relies on local authority contracts, you could feel that you are at the sharp end of the funding crisis.
We are increasingly seeing domiciliary care and supported living providers engage workers on a ‘self-employed’ basis or via service or umbrella companies. What are the risks involved?
With CQC’s consultation on the next phase of regulation within the adult social care sector, what changes can providers expect to see?
With care providers, local authorities, CQC and even the NHS all calling for the Government to increase social care funding in its Autumn Statement, Phillip Hammond’s debut statement may have left you baffled – there was not a single mention of the crisis facing the care sector!
Two lawyers with extensive experience of the healthcare and social care sectors have joined RWK Goodman as partners.