Local authorities must ensure home care workers are paid minimum wage, says equalities watchdog

A critical report on adult social care published by the Equality and Human Rights Commission (EHRC) warns that continuing poor pay for home care workers is jeopardising the care of their elderly clients.

Local authorities should change the way they commission home care, and in particular ensure that home care workers are paid the minimum wage, says the EHRC review. It added that very low pay, together with highly pressured working conditions and a lack of status and support are likely to exacerbate the high turnover of home care staff and compromise home care by making care recipients more vulnerable to neglectful or abusive treatment.

EHRC commissioner Sarah Veale said: “Low status, low pay and poor working conditions are leading to high turnover of staff and putting older people's human rights at risk.”

The report’s findings are strongly endorsed by the UK Home Care Association (UKHCA), the leading professional body for home care providers. UKHCA’s chair, Mike Padgham, said: “EHRC have sent a clear warning that too many councils risk failure to meet their public sector duties to protect human rights and hamper providers’ attempts to comply with their legal obligations to their workforce.”

Although the EHRC report recognises that local authorities face severe financial pressures, it found that the rates some local authorities pay agencies do not cover the actual costs of delivering care. Many home care workers are not paid for travel time or the time between visits, which means that they may be working for less than the legal minimum wage.

Davina Ludlow, director of homecare.co.uk, the leading guide for home care providers, said: “Home care workers do such a valuable and important job and are often the sole source of companionship and support for older and disabled people requiring home care. The pressure on staff is huge and local authorities need to ensure they are paying home care providers high enough fees so providers can afford to pay their staff more than the minimum wage.

“We realise local authorities are struggling with reduced budgets, but they need to put a higher value on home care and recognise that home care workers are growing increasingly demoralised and need proper pay for the hard work they do."

The EHRC report calls for all contracts commissioning home care to include a requirement that care workers are paid at least the National Minimum Wage, including payment for travel time and costs. It recommends that local authorities should practise transparency and explain how the rates they pay cover the costs of safe and legal home care, with cost models published on their websites.

EHRC commissioner Sarah Veale said: 'The transparent use of carefully considered costing models that take account of all elements of the actual costs of care will make it clear to providers that local authorities expect care workers to be properly paid, trained and supported.'

As part of the review, the EHRC contacted local authorities in England with caring responsibilities to ask what changes had been made since its last report in 2011. Only seven in ten responded in time, two did not respond at all, and many of those who did were unable to provide details of significant improvements. The highest number of authorities identified scope for improvement as regards supporting a properly skilled and trained workforce and only around half of authorities that had responded had taken action to address the question of complaints procedures.

Responding to the EHRC’s findings, Katie Hall, chairman of the Local Government Association’s Community Wellbeing Board, said: “As the report acknowledges, the social care system is under enormous strain, with unprecedented cuts to council funding making it increasingly difficult to meet the escalating demand for care which is being caused by our aging population. While this means councils have to seek greater levels of efficiency, the quality of care remains the primary concern.

“Local authorities will not agree to contracts in which 15 minute visits are the basis for care. However, in some instances, such as administering medication, they may be appropriate as part of a comprehensive care plan that incorporates longer visits on a regular basis.

“Care providers do a vitally important job and deserve fair pay, which is why local authorities do not contract services at rates costed below minimum wage. Sustainable solutions around all aspects of pay and reward cannot be delivered in isolation from the other competing pressures on local government”

Sandie Keene, president of the Association of Directors of Adult Social Services (ADASS) added: “The identification of a potential threat to human rights is a serious one and requires further examination. Our evidence is that quality and cost are not always directly correlated, but the issues raised in this report must be heeded and evaluated by local authorities and providers alike."

To read the report go to www.equalityhumanrights.com/legal-and-policy/inquiries-and-assessments/inquiry-into-home-care-of-older-people/close-to-home-report/