Boris Johnson accused of burying bad news on resignation day as care reform delayed

Care reforms to help self-funding care home residents get lower care home rates, are to be delayed by 18 months, prompting accusations Prime Minister Boris Johnson tried to bury bad news on the day of his resignation.

When Mr Johnson resigned on 7 July, the minister for care and mental health Gillian Keegan announced the Department of Health and Social Care (DHSC) would delay giving all self-funders a right to local authority care home rates (under section 18(3) of the Care Act 2014) from October 2023.

Instead, Ms Keegan announced it will be given first to new residents entering care homes but those already living in care homes will be eligible from April 2025 “at the latest and earlier if the market can sustain full rollout”.

Care minister: Reform delay to 'avoid unnecessary disruption'

While section 18(3) does not affect a person’s ability to benefit from the much publicised cap on care costs from October 2023, it does help self-funders ensure that they pay no more than the metering rate, which is based on the fees commissioned by local authorities.

The government has said its decision to delay implementation of section 18(3) follows councils and care homes raising concerns, according to its government response to a consultation on cap on care costs guidance.

Some care homes raised concerns about the change, in light of their reliance on higher fees paid by self-funders, while councils raised fears they lacked the staff to deal with self-funders in care homes approaching them in large numbers to arrange care home placements.

In a statement to parliament on 7 July, Ms Keegan, who (unlike many ministers) did not resign that week, said people may be left waiting for care “should a large number of people with existing care arrangements already in place approach their local authority to arrange their care at this point in time”.

A staged approach to implementing section 18(3), Ms Keegan said would “allow individuals funding their own care to benefit from local authorities’ expertise in commissioning as quickly as possible, while allowing local authorities and social care providers to plan for this change and avoid unnecessary disruption to service provision”.

The government’s cap on care cost reforms also include the introduction of an £86,000 cap on the amount people pay for their personal care and a more generous means-test for accessing council-funded social care, which comes into force in October 2023.

Giving self-funders the chance to approach their council to have their needs assessed to benefit from lower fee rates through section 18(3) from October 2023, would have led to the need to do an extra 100,000 care assessments a year, according to a recent report by the County Councils Network.

PM candidates told fix social care or 'don’t bother to put your name forward'

Care home provider Independent Care Group (ICG) says the government’s decision to delay the section 18(3) reform is frustrating. ICG Chair Mike Padgham has also accused Mr Johnson of trying to bury bad news on the day of his resignation.

As Conservative MPs lined up to announce they wished to be the country's next PM, Mike Padgham said: “It is no surprise, as every piece of social care reform that is put forward is always delayed, delayed and delayed.

“I would say to those who would be the next Prime Minister: unless you have a bold commitment to getting social care done, don’t bother to put your name forward.

“Many warned the government that there was not enough money available to enable councils to pay a fair price for care and therefore make the changes fair for those who pay for their own care and fair to hard-pressed and cash-strapped care providers.

“Now the whole thing is being kicked down the road for 18 months and we are no further forward.

“Unless the government starts to reform and properly fund social care, we are never going to make any headway in making the system work for the benefit not only of those who are already receiving care but also for the 1.5m people who can’t get the care they need.

“On his first day as Prime Minister, Boris Johnson promised to get social care done. It is ironic that on what might well be one of his last, the government delays another piece of reform.”

Visiting update: Flexibility to remove face masks

The DHSC has also updated its Covid guidance for care home visiting on 7 July.

Changes to care home visits include allowing face masks to be removed by visitors if they hinder communication or when a visitor is eating/drinking.

Clarifying that the ‘one visitor’ rule during a Covid outbreak/isolation means one at a time not just one named person and must allow for children and adult visitors to be accompanied if they need support. Care home residents will also no longer be asked to isolate or take a test following high-risk visits out of the care home.

The right to private and family life is a human right protected in law (Article 8 of the European Convention on Human Rights) the guidance highlights and there should not normally be any restrictions to visits into or out of the care home.

In response, the Relatives & Residents Association, representing care homes' families stated: ‘Despite the chaos at Westminster, the Covid guidance for social care has been updated. It incorporates many of the changes we first called for back in April.

‘Strict rules on face masks are preventing families from sharing a drink or meal together. Our helpline continues to hear of the distress and confusion face coverings cause for older people, particularly those with hearing impairments or dementia, so flexibility and proportionate responses are key.

'With so many care homes in outbreak, our helpline was also hearing from families locked out as only one named visitor was permitted. Urgent clarity was needed on this.

'For many [care home] providers, these changes are old news and they have already been doing all of this. For those that aren’t, we need the regulator to step up and make sure it happens.'