1) What is the policy and practice of your authority for the payment of independent health and social care providers for the provision of a sleep-in shift as part of a contract to provide care and support for a local authority adult social services client? For example do you pay a level sufficient for the care provider to top up the worker’s salary to NMW level over all, or do you pay NMW levels for all hours of sleep in shift or are you paying a fixed sum for a sleep-in which no longer aligns with NMW levels or are you doing something different from these approaches?
Within their contract Devon County Council requires providers to meet employment and HM Revenue and Customs legislation. We can also confirm that providers are paid an hourly rate for night sleeps
2) Have you undertaken consultation with independent health and social care providers over the payment for sleep-in shift since the appeal court judgement on 13th July 2018?
No formal consultation has taken place. Engagement with providers on sleep in rates has been on a case by case basis with individual providers
3) If you have undertaken consultation with independent health and social care providers what form did this take?
Please see our response to question 2 above.