Tag: Specialist care
Following last month’s decision at the Court of Appeal to overturn the sleep-in shift ruling Unison, the trade union acting on behalf of care worker Claire Tomlinson-Blake, has now lodged an official appeal to the Supreme Court.
Following the Court of Appeal ruling, specialist care providers now face a further period of uncertainty as the Supreme Court might take eight weeks or more to decide on whether to grant permission for the appeal to be heard.
The Court of Appeal ruling meant the £400m allegedly owed to care workers who had been deemed to be underpaid for overnight shifts is no longer considered to be due under current legislation – a decision that could now be under threat if leave to appeal is granted and the case is considered by the Supreme Court.
Matthew Wort, partner at Anthony Collins Solicitors, said Unison’s appeal … Read More »
Court of Appeal tells care providers that ‘sleep-in’ shifts are not subject to the National Minimum Wage
Last week, the Court of Appeal delivered specialist care providers a life line, saying that they do not have to pay staff the National Minimum Wage when working ‘sleep-in’ shifts.
The decision lifts an estimated £400m burden from care providers that would have pushed many into insolvency.
James Sage, head of the social care team at Royds Withy King who specialise in advising care providers in England and Wales, said the court’s decision reversed an earlier decision of the Employment Appeal Tribunal that found that sleep-in shifts in a care setting were working time for the purposes of national minimum wage laws.
“It is very welcome news for care providers and was a crucial outcome for the sector,” said Mr Sage.
“But it is possible that the decision will be appealed to the Supreme Court, which will continue the uncertainty and anxiety felt by … Read More »
Caring Times, March 2018
More than two thirds (67%) of families caring for disabled adults with complex needs live in fear of what will happen to their loved one when they are no longer able to provide support, according to a new report by the national disability charity Sense.
The report, ‘When I’m Gone’, reveals three in four (75%) families caring for a loved one with complex needs have no long-term plan in place for when they are no longer able to provide support. Nine out of 10 (95%) family carers say they have little to no trust in local authorities being able to provide adequate care to their loved one.
The report also highlights new Freedom of Information data that reveals only one in four councils are able to support disabled people and their carers to make contingency plans for future care … Read More »
Provider representative body Care England has won the right to intervene in the Court of Appeal’s sleep-in-shift case – with the hope of solving the impending £400m financial crisis for care providers, mainly those who provide specialist care.
With the hearing set for 20-21 March this year, law firm Anthony Collins Solicitors are acting for Care England, with the body given the opportunity to pursue new arguments not yet considered in the Royal Mencap Society vs Tomlinson-Blake Employment Appeal Tribunal (EAT) case to date.
Care England chief executive Professor Martin Green said that, if the existing decision of the Employment Appeal Tribunal were upheld, it would be a watershed moment for the sector, with profound affects for the viability of residential domiciliary and supported care which supports 1.2m vulnerable people across the country.
“I cannot stress the magnitude of this opportunity for our … Read More »
Care providers are being urged to participate in the national survey commissioned by the Solve Sleep-Ins Alliance (#SolveSleepIns), a group of organisations that represent providers delivering overnight support shifts. The alliance is formed of the Association for Real Change, Care England, Learning Disability England, Learning Disability Voices and the Voluntary Organisations Disability Group (VODG).
The alliance says a full independent, accurate analysis of the impact of the bill for sleep-in back pay on social care is urgently needed.
The survey, accessible via www.sleepinsurvey.org.uk will close at midnight on Monday 5 March 2018. Data will not be shared across organisations and only aggregated data will be reported in our policy influencing and campaigning activities.
Changes to government guidance mean that sleep-in staff who previously earned around £30 per shift must be paid minimum wage, with providers liable for six years’ worth of back pay … Read More »
The CareTech Foundation, a grant-making corporate charitable foundation, announced significant grants and collaborative support for its first three strategic partners at the Houses of Parliament in early February.
Founded by CareTech Holdings plc, a major provider of social care services, supporting adults and children with a wide range of complex needs in more than 260 specialist services across the UK, the foundation was launched in December and has already made a number of small grants nominated by CareTech staff. The event at Westminster announced three major beneficiaries – the childrens’ charity Barnados, the British Asian Trust (BAT), which tackles poverty across South Asia and kills for Care, which supports the adult social care workforce in England, to attract more talented people with the right values to work in the sector.
A specific aim of the CareTech Foundation’s donations and working relationships is … Read More »
Further expansion has been announced by the Regard Group, the UK’s fourth biggest private provider of residential and supported living care for people with learning disabilities and mental health needs, with the acquisition of eight additional services previously run by New Partnerships.
Twelve new services were opened by Regard as part of its organic growth in the year to July 2017, when it also expanded its portfolio with the takeover of Shropshire-based Adelphi Care Services, bringing to 159 the total number of specialist residential and supported living services run by Regard nationwide.
Regard chief executive Sandie Foxall-Smith said the most recent acquisition was of an organisation whose culture and care values closely mirrored Regard’s own and would strengthen the organisation’s presence in Essex with eight extra services – six for supported living.
“Our guiding principle is that everything we do should come together … Read More »
Caring Times, December 2017
The Government has again failed to tackle the funding of sleep in care, says the Voluntary Organisations Disability Group (VODG), responding to the latest development in the long-running wages wrangle over how sleep-in shifts, where carers sleep through the night unless awoken to respond to residents’ care needs, should be paid for.
The national umbrella group, which represents disability charities, says the ‘sleep-in crisis’ remains critical and unresolved despite repeated calls for action from across the social care sector. Following the earlier hiatus in enforcement, VODG raised significant concerns but committed to working with Government to find a solution.
However, while the latest announcement about a new Social Care Compliance Scheme (SCCS) offers an apparent way forward, there are no assurances on how to fund the devastating retrospective cost.
VODG says that Government’s plans fall well short of what is … Read More »
Adelphi Care Services, which provides services to adults with learning disabilities, autism and challenging behaviour, has become part of the Regard Group, the UK’s fourth biggest specialist care provider.
Adelphi had previously operated three specialist care homes in Shrewsbury. More than 60 people attended a special event in September, marking the end of an era as Adelphi farewelled its founders, Joe and Annette Kwaterski, who have retired, and for Regard to formally welcome Adelphi into their group.
Guests included service users, family members and staff. Kim Walshaw, area service manager, said Regard had handled the transfer of Adelphi to Regard with care and kindness.
“The values of Regard appear to be the same as Adelphi, in that the needs of the service user are at the centre of everything we do, and we’re committed to delivering high-quality services,” said Ms Walshaw.
Specialist care provider Voyage Care has acquired Focused Healthcare Ltd (FHL), which provides care services to children and young people with complex, acute and chronic illnesses. Based in London, FHL was set up in 2009 by paediatric nurse Nicki Nicholls who will continue to manage day-to-day operations at FHL as managing director.
FHL and Voyage Care provide complementary specialist care and support services, with FHL focusing on providing specialist care to children and Voyage Care predominantly supporting adults.