The demand for Government action on the sleep-in crisis is increasing ahead of the first anniversary of a controversial compliance scheme.

In November 2017, social care employers were being encouraged to identify back pay for essential overnight support staff in a social care compliance scheme.

However, 12 months on from the Government introducing the scheme care providers are concerned there is still no official guidance on how sleep-in shift work should be paid and there has been little Government commitment for action on solving the issue.

The Voluntary Organisations Disability Group (VODG) has been campaigning to highlight the threats to the sectors through the Government’s failure to act:

• Local care providers and commissioners are reacting in different ways – risks undermining the local services
• There is confusion and uncertainty as employers make decisions about whether to stay in the scheme – with pressure on boards who are legally obliged to sign off accounts

A council has stepped forward and proposed a reduction in pay for sleep-in work – the official communication has been seen by the VODG where they propose a rate of £4 per hour once national insurance and tax has been accounted for.

Steve Scown, chair of the VODG, said: “We know that when one local authority makes changes to its payment practices, others may soon follow. For providers to be put on notice that the salaries of their staff could be reduced, at a time when the sector is still waiting for official guidance cannot be right.

“We call on the Government, and the responsible Ministers, to acknowledge the sector’s concerns and urgently deal with the situation. This issue will not go away and is set to intensify if left unaddressed.”

HMRC are in discussion with care providers about their involvement in the social care compliance scheme.

Rhidian Hughes, VODG chief executive, said: “The Autumn Budget missed the opportunity to invest in and shore up the fragile social care sector.

“Social care providers are struggling to recruit and retain their staff and any decisions that erode workers’ pay is not only unfair to hard working staff, but also potentially dangerous in putting essential overnight services at risk.”

The case of sleep-in workers and pay went to a court of appeal judgement in July and the judgement overturned a previous decision that would have resulted in sleep-in staff being paid minimum wage for shifts, leading to an estimated £400m mistaken back pay bill for employers.