Councils in North Wales have been accused of acting “unlawfully” for starving care homes of the essential funds they need to look after frail and vulnerable people.
According
to Care Forum Wales (CFW), many local authorities are breaking the official
guidelines which state they need to “take into account the legitimate current
and future costs faced by providers”.
Apart
from being grossly unfair, they say, it was also “deeply hypocritical” because
they often paid their own council-run care homes substantially more for
providing the same level of care.
Their
mismanagement of social care over a quarter of a century had led to a postcode
lottery of fees and an ever-widening North-South divide.
Relations
reached a new low a few weeks ago when CFW resigned from the North Wales Fee
Setting Group – which also included representatives from the six local
authorities in North Wales and the Health Board - amid claims that the region’s
councils were “deprioritising care” even though they has been given more money
by the Welsh Government to pay for it.
CFW
chair Mario Kreft MBE said some South Walian councils were bucking the trend
and starting to offer more realistic fees.
The
latest was Merthyr Tydfil County Borough Council where councillors had voted
for increases of between 16 and 22 per cent.
They
agreed the hikes after studying a report by officials of the legal position
which meant they were obliged by law to pay sustainable fees to providers.
Councillors
were told they were duty bound to comply with the requirements of Welsh
Government in setting fees for care homes.
The report said: “Fee setting must take into
account the legitimate current and future costs faced by providers as well as
the factors that affect those costs, and the potential for improved performance
and more cost effective ways of working.
“The
fees set need to be adequate to enable providers to meet the specifications set
by the commissioners, together with regulatory requirements.
“If a Council
deviates from guidance without a considered and cogently
reasoned decision it
acts unlawfully and in a manner which is amenable to challenge
and
judicial review.”
Mr
Kreft said: “This excellent report to Merthyr councillors backs up what we have
been saying all along and emphasises that the chronic underfunding of social
care in many parts of Wales is quite simply unlawful.
“At
last we are seeing some councils in South Wales looking properly at their fee
structures and recognising the true cost of providing care for the most
vulnerable people in our communities.
“Unfortunately,
the message does not appear to be reaching the councillors in North Wales and
certain parts of South Wales who are living in cloud cuckoo land when it comes
to paying realistic fees that will enable care homes to stay open and provide a
much-needed service and underpin the NHS.
“The
only way that care homes can remain viable is by charging top of fees so that
they can meet those additional costs.
“Inevitably,
those councillors are placing the burden on honest, hard-working families and
it all adds up to a stealth tax on them at a time when the cost of living is
going through the roof.”
The “bombshell” analysis from Merthyr Council
follows an announcement of big increases in their rates by Torfaen Council – 17
per cent for residential care and 25 per cent for nursing care.
It means that a 50-bed care home in Torfaen will
receive £546,000 a year more for providing residential EMI care than a similar
sized home in Anglesey, Wrexham and Flintshire for exactly the same levels of
care.
In the cases of Denbighshire and Gwynedd, it
equates to an extra £494,000 a year and £444,600 more than a home in Conwy.
This comes at a time when local authorities in
Wales have received an additional £36.5 million to meet the extra costs of
paying staff the Real Living Wage of £9.90 an hour.
Overall, there has been an overall rise of 9.4 % in
local authority funding but the increases in fee levels have almost all been
lower, at 6-7.5%.
It was clear that local authorities in North Wales
were choosing not to pass on the extra funding to the front line of social
care.
Mr Kreft said: “We know budgets are stretched but a
society will be judged on how it treats the most vulnerable and frail people in
our communities.
“How can it be right that, that in the eyes of
councillors in North Wales, your mother, your father or your grandparent are
seen as being worth £12,000 a year less than those in somewhere like Torfaen?
“The growing North-South divide means that our
beloved care home residents are being dismissed as second class citizens and
it’s also an insult to our magnificent front line workforce who have been
heroic from the word go during the pandemic.
“We applaud Merthyr and Torfaen councils for their fair and enlightened approach and we can only hope that this will shame the North Wales authorities into finally doing the right thing.”
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