Response Published
An inspection of the immigration system as it relates to the social care sector (August 2023 to November 2023)
Home Office response: 5 accepted.
5 recommendations
5 accepted
Recommendations
Recommendation 1
Accepted
Complete a review of the addition of care workers and home carers to the Skilled Worker route, as committed to in the Equality Impact Assessment of January 2022. Lessons identified in the review should underpin any lessons learned to inform future decisions about how to:
Home Office accepted:
Work has been underway since early 2023, through various strands of activity. The Migration Advisory Committee (MAC) undertook an extensive review of the Shortage Occupation List last year, after being commissioned by the government in 2022. The MAC also recently undertook a review of the Immigration Salary List, which the government has now responded to. Work reforming the Skilled Worker route continues, including net migration policy changes, which the Home Office worked in lock-step with the Department of Health and Social Care on since mid 2023. Engagement activities across adult social care and broader sectors continue and the Home Office continues to engage with departments where there is exploitation within sectors (and where policy levers on broader labour market issues reside).
Implementation: government intention to commission the MAC on their longer-term review of the Immigration Salary List in Spring 2024, with a view to implementation in Spring 2025
Recommendation 2
Accepted
Conduct a review of the sponsor licensing application and decision-making process in collaboration with industry leads and sector experts. Learn from the characteristics of poor licensing decisions and the resulting problems to inform future decision making.
Home Office accepted:
Work is already underway to review operational processes and structures, including all processes relating to the safeguards in the sponsor licensing process at both licence application stage and when allocating Certificates of Sponsorship. The Home Office is engaging with key stakeholders within the care sector and the Department of Health and Social Care, to inform our decision-making in this area and a review of processes encompassing this feedback will be completed within 3 months.
Implementation: To be completed by July 2024
Recommendation 3
Accepted
Conduct a review of headcount, performance targets, and processes for each area of compliance to ensure that workflow is managed efficiently and blockages in one area do not impact on the overall capability of the compliance function.
Home Office accepted:
The Home Office is reviewing the current compliance structure with a view to providing tighter control of compliance activity and enable more robust decision-making linked to the department’s objectives of tackling immigration abuse. This review will also incorporate capacity plan adjustments to take in to account expectations around performance targets and to ensure appropriate levels of resource are allocated to all functions.
Implementation: To be completed by July 2024
Recommendation 4
Accepted
Work with enforcement and regulatory partners to develop and agree a multi partner memorandum of understanding (MOU). The MOU should define:
Home Office accepted:
The Home Office has been working with the Care Quality Commission and the Department of Health and Social Care since the summer of 2023 on policy development and data sharing. To reflect the shared responsibilities relating to the adult social care sector (including Home Office responsibilities relating to visas), the department has been engaging with the Department of Health and Social Care, Department for Levelling-Up, Housing and Communities, the Director for Labour Market Enforcement and the Association of Directors of Adult Social Services, to map responsibilities across central and local government and the sector. Workshops continue between parties and a formal document setting out the roles and responsibilities of each department will be produced by May 2024.
Implementation: May 2024
Recommendation 5
Accepted
Work in partnership with the responsible government departments and agencies to agree a concise ‘migrant’s guide to UK employment rights’, which can be proactively shared with migrants at the earliest opportunity. The guide should include contact details for migrants who require advice, and for those wishing to report safeguarding concerns to the Home Office, and other relevant care sector partners.
Home Office accepted:
The Home Office will work with other government departments and agencies to produce a document for migrants on their employment rights.
Implementation: July 2024