Direct Payments ? Another Potential Time Bomb : Sleepovers

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Just for the record , Unite's view on this Issue , from 2014 .... in PDF. format :

http://www.unitetheunion.org/uploaded/d ... -18599.pdf

Of interest with be the 4 Law cases sited before the latest one which started this thread.

How many of us do exactly the same for .... how much per hour ?

Still , we are carers , not careworkers ... and careworkers HAVE rights do they not ?

Silly me , thinking that carers have rights .... isn't there a Carers Rights Day ?

There's one " Right " ... the right to hold a day for them !!!

And our Lord Kitch smiles ....
BBC web site today .... Mencap :

http://www.bbc.co.uk/news/health-41168398

Learning disability care 'hangs in the balance,

A leading provider of care for people with learning disabilities says it might have to pull out of some services if a row over back pay for staff is not settled soon.

Mencap says it might have to end its involvement in running more than 200 residential care homes and services affecting more than 2,000 people with serious learning disabilities. The services would have to be taken over by local authorities.

A government spokesman said further clarity would be provided in the coming weeks.

The issue was highlighted in July and ministers said then that enforcement action would be delayed until October while the issue was considered. But the charities say with less than a month to go, no solution has been proposed by the government and contingency plans have to be drawn up.

Mencap says its back pay liability is £20m, which is more than the cash it has in reserve. If the money has to be found for pay over the previous six years it would blight the charity for a decade.

Mencap chairman Derek Lewis said: "Learning disability care in the UK hangs in the balance - if government fails to fund or offers only partial funding, Mencap could be forced to take action to hand back services that do not cover costs."

Smaller care-providers say they might have to shut down completely.

The chief executive of a West Midlands charity said it would become insolvent which would be "a catastrophic step not only for the people we support, who are amongst the most vulnerable in society, but also for our staff and families".

A Department of Health spokesperson said: "As the public would rightly expect, we are working closely with representatives of the social care sector to see how it might be possible to minimise any impact on provision of social care as a result of historic underpayment of the national minimum wage.

"We have kept campaigners and charities up-to-date and hope to provide further clarity in the coming weeks."


Today's Guardian , a similar report :

https://www.theguardian.com/society/201 ... ies-sector

Back-pay bill 'could bankrupt learning disabilities sector.

HMRC’s pursuit of backdated payments for workers providing sleep-in care could cost sector £400m, says Royal Mencap Society
One chief executive of a medium-sized provider in the West Midlands, said the organisation employs 300 people, delivering 1,100 hours of support and 27 sleep-ins every day.

He estimates its back-pay liability to be £1.5m compared with reserves of £1.4m, which include two care homes. “We would have to stop trading straight away, our contracts with local authorities would be toxic,” he said.

A Department of Health spokesman referred the Guardian to a previous statement by the Department for Business, Energy and Industrial Strategy, which said the government has “worked closely with the sector in response to concerns”.
Care providers for people with learning disabilities are facing a £400m bill for back pay that could bankrupt the entire sector, the charity Royal Mencap Society has warned.

HMRC is pursuing providers for six years of wages after the government reversed its decision that “sleep-in support” – where carers are present overnight but rarely called upon – is exempt from minimum pay legislation.

It means all organisations – from Mencap at one end of the scale to family-led businesses at the other, which together provide sleep-in support care for 178,000 people with learning disabilities – are at risk of insolvency, the charity says.

Enforcement action to claim the money deemed to be owed was stayed in July after pleas from providers, but it is due to resume on 2 October.

Mencap says the sector will be thrown into chaos if that happens without a government commitment to cover the back-pay bill.

Derek Lewis, the charity’s chair, said: “There would be, for a substantial period of time, chaos in the sector and the people who would suffer are people with learning disabilities, their families who would be subjected to great stress and the staff who care for them, many of whom would become redundant.”


One chief executive of a medium-sized provider in the West Midlands, said the organisation employs 300 people, delivering 1,100 hours of support and 27 sleep-ins every day.

He estimates its back-pay liability to be £1.5m compared with reserves of £1.4m, which include two care homes. “We would have to stop trading straight away, our contracts with local authorities would be toxic,” he said.

A Department of Health spokesman referred the Guardian to a previous statement by the Department for Business, Energy and Industrial Strategy, which said the government has “worked closely with the sector in response to concerns”.


No doubt , more news will follow as the fallout spreads.
Interesting letter from Professor Martin Green ( Care UK ) in today's Guardian :

https://www.theguardian.com/society/201 ... -nightmare

Sleep-in payments are becoming a nightmare.

The government should accept responsibility for meeting the substantial costs of backdating sleep-in costs up until the date of the announcement on 26 July, says Professor Martin Green of Care England


Care England, the largest representative body for independent providers of adult social care, remains deeply concerned about the unresolved threats to the existence of the learning disability sector posed by the retrospective liability and future funding proposals for sleep-ins (Crisis over sleep-in payments could force children’s homes to close, theguardian.com, 29 September). While the government has offered a one-month reprieve, it is vital that any decision the government reaches in relation to funding of sleep-ins being paid at the national living wage takes full account of the reality that the sector has been operating for years within very contradictory guidance; and that there is no blame for providers.

In these circumstances it must be right that the government should accept responsibility for meeting the substantial costs of backdating sleep-in costs up until the date of the announcement on 26 July. None of the additional funding announced for social care in 2017 has been allocated to meet the demand of retrospective liability.

Professor Martin Green
Chief executive, Care England


Employment Law .... has been in force for years.

Why have many of the service providers not done their homework ?

Ignorance of the law is no excuse.

Harsh on an individual but ... for many supporting agencies bringing in £ millions collectively , and then offering services which are essentially businesses run under a " Charity " banner ?

Whole paid management structure in most .... hardly any of which have any first hand experience as would a volunteer from the ranks serving the same function .... what do the actual beneficiaries make of that in a " Charity " ?

Some will have sympathy for the predicament of many.of these " Outfits ".

A charity or a business ?

Judge for yourselves.