Yesterday we held two Members meetings which I want to briefly summarise and reflect on. This update is therefore longer than normal.
The first was for care home members and related to the NCHC in specific. This can be watched at Care Home General Meeting – 28.04.23 – YouTube
Members will be more than aware that we are in the midst of some very challenging circumstances at the current time. I know this is immensely stressful and also very emotional for so many.
Following the vote by a majority of care home members to reject the latest NCHC offer from COSLA/Scotland Excel we have been engaged with Scottish Government in relation to our specific asks related to workforce pay, sustainability costs and specific issues in the Contract re occupancy, return etc.
On the18th April in his first speech outlining key policy the First Minister made announcement that they would pay frontline social care staff the £12 many have advocated for but that they were still working on the timeframe.
Immediately after we wrote to the lead civil servants to indicate the urgency both of this timetable; other salary costs and sustainability issues for the current NCHC given that it had been rejected.
We asked last Friday and again on Monday for an urgent indication of the timeframe or even an indication of the point of decision stating that we would be holding the meeting today. Again, on several occasions on Wednesday and Thursday we raised our concerns re timing.
At nearly 6pm on Thursday night (27th) I spoke at length with the SG Director – she regretted to inform me that Ministers were still considering timeframes and options, that they had asked for further briefings, that there were new staff and officials dealing with finance, health, and social care. They were not able to give me information as Ministers had not arrived at a conclusion – but stressed that they knew how urgent things were.
A meeting between Karen, senior officials and I is now fixed for the end of the coming week. I stressed that they MUST have something for us then.
This whole situation is wholly unsatisfactory, and I know it must be the cause of immense frustration for all our members, but I suspect is illustrative of the lack of focus and decision making at Scottish Government at the moment.
I stated during the meeting that we will continue to dialogue with SG, hoping to bring some sort of information/offer to members for you to act upon.
The NCHC technically continues a rolling basis until either party formally withdraws. I am very aware, however, that it is the right of any member to take action and withdraw from the contract at any time and to give notice to that effect.
At the end of this update, I have sought to answer a few specific questions raised in the Chat which were not covered in the recording..
Homecare Meeting.
This again available online at https://www.youtube.com/watch?v=OAixaimVbq8
There are three main points.
The first is similar to care homes and that is that we are still awaiting the timeframe for any increase to £12 an hour for staff. We will communicate any information on this as soon as we received it. Clearly we have made similar arguments in relation to the importance of differentials, on-costs and sustainability.
The second point is that Scottish Care shall formally seek legal advice as to our position in challenging local implementation of the Fair Work contracts that members sign as part of the commissioning process given the levels of pay awarded etc and that more generally we will ask for legal opinion on the extent to which Scottish Care can intervene, assist and engage in local discussions, whilst avoiding the issue of cartel.
The third point is that we really need members to give us information on the rates that have been offered in your local area and also whether or not your contracts are stated as starting at the 10th or 1st of April.
Care at Home Conference 19th May 2023
We are three weeks out from the Homecare conference and our ticket sales are the lowest they have ever been. I appreciate just how economically stretched everyone is at the moment but with new Ministers and a New Cabinet Secretary it is critical that we show the strength of the sector, are able to argue the importance of all the issues we are facing and to do so in a manner which shows that we are united. If you have not thought about it please give very serious consideration to join us during the day (and if you are at the Awards please also think of joining us during the day.)
Apart from the importance of being there in number for officials and political leaders – it is also a very good programme with a change in structure and style. Please support the event.
It takes place at the Radisson Blu Hotel in Glasgow on Friday 19 May 2023. The conference theme is ‘Keeping Care at Home’ and will address key themes including the future of care and ageing, and effective voice. It will also tackle practical challenges facing the sector including the cost-of-living crisis, sustainability and the future of homecare regulation.
Ticket rates are as follows:
- Standard members – £70+VAT
- Standard non-members – £130+VAT
Tickets at https://scottishcare.org/care-at-home-housing-support-conference-2023/
Care at Home & Housing Support Awards – Finalists Announced
The finalists in this year’s Care at Home and Housing Support Award have been annlounced. Thank you to all who submitted nominations and congratulations to all who have been shortlisted!
In such challenging times all nominated are winners but you can find out more about them https://scottishcare.org/finalists-announced-for-care-at-home-housing-support-awards-2023/
Tickets are available https://scottishcare.org/care-at-home-housing-support-2023-evening-awards-booking-form/
State of the system
We are receiving increasing messages of concern from members now that we no longer have the Social Care Support Fund in place and yet there still remain requirements for staff to test and isolate should they be Covid positive.
You will know that Scottish Care has been raising concerns for some time re the end of the Support Fund for frontline workers. Part of our concerns relate to the increased risk of infections and the impact these will have not only on staff but upon residents. Indeed, latest figures show a third week of increased deaths in care homes related to Covid19.
We now gather that some staff from organisations unable to give additional assistance have contacted ACAS in relation to this and they have been advised that as employers care providers are required to pay them the full wage for the period, they are off, as it is employers that are telling them they can’t come to work. This I believe to be an accurate description of employment law.
We have written to Scottish Government to ascertain the extent to which Public Health Scotland has made it a legal requirement for care staff not to attend work if they are positive. There are a whole set of issues at play here not least that if employers knowingly allow infectious staff to work because they consider that they have no alternative in employment law then many employers will be rightly deeply uncomfortable with the risk of increased infections and the associated risk to life such an action would pose, and they would also be concerned about breaching other local inspectorate and contract requirements.
Equally if providers are required by to continue to require staff to isolate (during which time they only receive Statutory Sick Pay) and as the majority are, not paying staff a full wage, then this opens them up to legal implications from an employment law perspective, which again in turn has significant financial implications for providers.
We have heard back from Scottish Government in terse and formal terms stating the legal position that PHS Guidance is Guidance (which is at odds with the tone of their emphasis during the pandemic) and making no reference either to any financial support or what the legal position is of providers who adhere to PHS requirements but in so doing are in breach of employment law in the interpretation of many.
We will continue in the coming days to pursue this matter.
The Scottish Government response stated:
“The extent to which Public Health Scotland has made it a legal requirement for care staff not to attend work if they are positive.
PHS guidance is guidance – PHS has not made it a legal requirement for care staff not to attend work if they are positive. However as with all guidance employers will be expected continue to check and comply with all legal obligations on them to be sure the setting is a safe place and with any health and safety or other obligations in respect of it being a safe workplace. PHS (or any other guidance) does not supersede or provide any advice on those matters. Following the recommendations outlined in any guidance – on COVID and indeed on other infections from PHS or any other organisation – will be an important part of ensuring the right steps are taken to prevent and contain an infectious pathogen. The recommendations outlined in the PHS guidance on isolation are based on an understanding of COVID, including its incubation and infectious period and its impact, at this point in time in the pandemic. Similarly, there is guidance on isolation periods for other infectious pathogens which take account of an understanding of those pathogens. You will want to be aware that PHS guidance, and in particular advice on testing and self-isolation, is under currently review.
PHS guidance does not state that staff can turn up to work whilst positive. See here
General picture:
On data reported on 23rd April on the PHS database there were 278 people admitted to hospital described as acute Covid admissions. This was down from 348 the week before. It is positive to see this decline. This meant that there were 850 people in hospital with Covid19 on the 23rd of April compared to 1,077 the week before.
In the week ending 23rd April there were 6 in the 7-day average in Intensive Care Units (ICUs) with a laboratory confirmed test of COVID-19 compared to 9 a fortnight before.
Sadly, there remains a high number of deaths from Covid19. According to data from NRS reported on Wednesday 23rd April there were 69 deaths involving COVID-19 (4 less than the previous week).
The Care Inspectorate reported that for deaths of residents to the 23rd April there were 11 which were Covid or suspected Covid compared to 12 the previous week and that this total accounted for 4% of total deaths. The number of outbreaks in the week to the 25th April was 83 homes which was 17 less than the previous week and is 8% of all homes reporting.
Covid absence amongst care staff for the homes which reported to the week ending the 25th April was at 0.2% of the workforce from those 62% of homes which reported. One does wonder how many are presenting whilst positive as raised above.
Influenza seems to be stubbornly still around with a 60% increase on the previous week in terms of cases at 69 across the country.
Surgeries and Webinar
The next Surgery will be held on Tuesday 2nd May at 11.00. Karen and I will be leading this surgery.
And finally, …
On Tuesday I continue to light the weekly #candleforcare with a different focus each week. Please join me in lighting a candle every Tuesday at 7pm to keep issues of care before folks.
This CEO update will next appear on Saturday 13th May 2023.
Many thanks
Donald
Responses to questions raised in NCHC Meeting Chat:
Is there any update on short term Energy sustainability fund -as this has an impact on my decision making re financial planning.
There is no further information and civil servants have stated this is being considered by Ministers.
They offered to look at the cost model last year which is why we took the amount last year so how come we are still in the same position this year?
In the event the reform group did not get round to the Cost Model and only focussed on the Contract. We have stated and this has been agreed that if we continue with the NCHC then the Cost Model must be looked at as a first priority between now and the autumn.
How many members voted?
There were a total of 401 votes: 212 voted No and 189 voted Yes.
How is the NCHC negotiation not a cartel?
When the CMA looked at this the simplest way of expressing this from them is that all partners in the Contract cycle are involved in discussions and that Scottish Care is not a provider, but a representative body and so no restrictive practices are resulting from our engagement – i.e. we do not individually as an organisation benefit from setting the particular price.
