Cllr Izzi Seccombe, Chairman of the Local Government Association’s Community Wellbeing Board, responds to today’s decision in the Mencap Court of Appeal case regarding the payment of sleep-in shift payments to carers.
“This ruling will come as a relief to care providers and councils because it removes considerable uncertainty and a potential considerable unfunded burden on top of already significant financial pressures on the adult social care sector.
“We now need urgent clarity on all enforcement action for back payments when the National Minimum Wage wasn’t paid to ensure that no provider will face further action.
“As we said in our submission to the court, we strongly support care workers being paid a fair wage for their valued work, but if this appeal was upheld it would have increased the risk of a sinkhole in adult social care.
“However, today’s decision does little to ease the financial crisis facing social care. There is a £3.5 billion funding gap facing adult social care by 2025. This gap needs to be fully funded by government so that providers can plan with more confidence to ensure all people can receive reliable, high quality, personal care and support when and where they need it.”
Notes
If Mencap had lost the case, it would have cost the sector an estimated £400 million in back-dated pay and £200 million a year from 2020.