Prior to the Christmas recess period, two significant pieces of legislation received Royal Assent.
On 18 December, the long-awaited Mental Health Bill became law. The new Act is designed to modernise a framework that has been largely unchanged since the 1980s, with a focus on giving people in crises more say in their care, strengthening rights for people who need care and support, and improving how families and carers are involved in decision-making. It also tackles issues around the use of detention settings, particularly ensuring that people aren’t held in inappropriate places like prisons while waiting for treatment. SCIE is currently in the process of consulting sector partners to ensure our upcoming offer around the new Mental Health Act is credible, co-produced, and delivers practical, evidence-informed support for local authorities, providers, integrated care systems and people with lived experience.
On the same day, the Employment Rights Act also received Royal Assent, bringing a suite of workplace reforms set to be phased in over the next couple of years. While the Act covers a wide range of employment protections – from statutory sick pay improvements to strengthened unfair dismissal rights – the element of most interest to adult social care colleagues is the introduction of fair pay agreements. As is well documented, the adult social care sector faces significant workforce challenges, including around recruitment and keeping staff. This is coupled with adult social care, historically, being a low-paid sector with most care workers being paid or just above the National Living Wage. SCIE welcomes the aim of the fair pay agreement to promote fairness, improve working conditions, and give the workforce much-needed recognition and reward for their vital work in our society. We would encourage partners to engage in the government’s public consultation, which closes on 16 January.