EU Regulations Threaten Care Homes

One-third of Scottish care homes could close as a result of new EU regulations, a Scottish MEP has warned.

Alyn Smith, an SNP member sitting in Brussels, fears that the working time directive, which makes it illegal for people to work more than 48 hours a week, would place a considerable financial burden on care homes.

The UK has an opt-out from the directive, but this is due to be scrapped in 2012 at the latest following a vote by the European Parliament.

Negotiations are under way between the parliament and the Council of Ministers to reach a compromise solution. But Mr Smith warned that a failure to reach a settlement could have grave consequences for the care homes industry.

He said: “Much attention has been paid to the topic of retained firefighters over this issue, but the working time directive will impact upon many more services than that.

“By my rough working, I calculate that about one-third of care homes for old folk and vulnerable youngsters could close if these proposals on working time are implemented as they stand.

“This reduction in coverage would be disastrous, and would put those most vulnerable at risk.

“Similarly, the impact on social work and the protection of the vulnerable will be massively affected.

“It would be unconscionable if councils across Scotland had to withdraw out-of-hours crisis services because of working time legislation, but these are the sort of options now under consideration.”

Mr Smith cited the case of one care home, which he did not name, which he claimed would have £265,000 added to its annual running costs as a result of the new rules.

Apart from the 48-hour limit, the directive provides a minimum rest break of 20 minutes for shifts of more than six hours, a minimum rest period of 24 hours every week, a minimum of four weeks’ paid annual leave, and a maximum of eight hours’ work in any 24 hours “for night workers in stressful jobs”.

Mr Smith continued: “The information I am receiving from local government across Scotland is that the working time proposals are not just expensive, they are simply impossible.

“I hope that other MEPs will see sense and compromise on a reasonable outcome.”

Ranald Mair, chief executive of Scottish Care, which represents care homes and care providers in Scotland, said that while the working time directive in its current state would have a negative impact, Scots should not fear that their elderly relatives may go uncared for.

“Mr Smith is right,” he said. “If this came in tomorrow, we would not be ready and it would put services into crisis. If this came in in a phased way though, with sufficient resourcing, then it’s something we could learn to accommodate. It’s about having a long enough lead-in period.

“I don’t think we’re going to have elderly people going without care, but if this goes ahead in its present form there would be significant costs. We’d have to train up new people as well.

“Ultimately the care sector could do this, but you’d need significant time and funding to resource that.

“We do need to know whether this is going to happen as discussed or not. It’s certainly right that our MEPs should be asking questions about this.”