The UK Government recently announced that it proposes to end the recruitment of care workers from overseas as part of its ongoing efforts to reduce immigration figures. It has been suggested that, as an alternative, the care sector can extend visas for existing staff, recruit and train more people from the UK, and look to recruit from the existing pool of migrants in order to offset the impact of the proposals.

The plan is likely to deliver a further blow to the care sector, which has been facing a long-term staffing crisis, due in part to care workers leaving the sector as a consequence of disillusionment over low pay and status, chronic underfunding, and the ever-increasing demands being placed on the sector by an ageing population.

The Government has promised a new fair pay agreement for staff, but whether this will offer suitably competitive pay with earnings achievable in similar roles (e.g. the retail or hospitality sectors), and be sufficient to persuade people to take up what can be a demanding and underappreciated role as a carer amid an ongoing cost-of-living crisis is unclear.

According to figures published by Skills for Care, there were an estimated 131,000 job vacancies in the care sector last year. This is fewer than the record high of 165,000 reached in 2021/22, which prompted warnings of imminent collapse. This outcome was arguably only averted by care work being designated a shortage occupation, which led to a significant increase in overseas recruitment so it is eminently possible that the Government’s proposals will lead to a further acute crisis.

Staff shortages in care homes pose a risk to residents due to the potential inability of staff to appropriately supervise and monitor residents. This could, for example, result in an increase in falls and resulting injuries, or delays in attending promptly to requests for assistance. Overstretched staff are at risk of burnout, potentially resulting in errors in administering medication or failures to follow proper procedures e.g. in the aftermath of a head injury, as well as increased levels of staff sickness compounding the issue. 

Shortages of permanent staff also result in an increasing reliance on agency carers who may be unfamiliar with the residents they are tasked with looking after, may have more limited experience than permanent staff, and who are often more costly for care providers. 

All of these factors create the potential for an increase in negligent acts and omissions and in turn the potential for claims and CQC investigations against care providers. Furthermore, there is the prospect that defending these claims will be difficult where the level of care has indeed been negligent and fallen short of expected standards due to staff shortages. Adverse findings against a care provider or individual home may in turn further hamper recruitment efforts.