Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the impact of the new post-Brexit fast track visa system on recruitment in the care sector.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The social care sector is invaluable to our country. Social care workers have shown incredible dedication during this extraordinary time.
We truly value the work they are doing, which is why the Government set out steps in our Action Plan for Adult Social Care to support the workforce, ensuring we have the staff we need and that they feel both supported and valued.
However, the independent Migration Advisory Committee has been very clear that immigration is not the answer to the challenges in this sector. As we implement the new immigration system, we want employers to focus on investing in our domestic work force.
The Government is working with the sector in a number of ways to help support it during this difficult time and going forward, including extra funding and a national recruitment campaign.
Additionally, the EU Settlement Scheme means that all EU and EAA citizens, and their family members, already in the UK, many of them working in social care, can stay in the UK and we are encouraging them to do so.
We will keep labour market data under very careful scrutiny to monitor any pressures in key sectors, especially considering recent events.
Asked by: Dan Poulter (Labour - Central Suffolk and North Ipswich)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans her Department has to extend the eligibility to apply for the proposed NHS Visa to social care staff.
Answered by Kevin Foster
The Government is committed to introducing an NHS visa which will provide eligible doctors, nurses and other allied health professionals, and their families, with fast-track entry, reduced visa fees and dedicated resource. In addition, as announced by the Prime Minister on 21 May, NHS workers and wider health and social care workers, including those coming on the NHS Visa, will be removed from having to pay the Immigration Health Surcharge.
Further details, including regarding eligibility, will be published in due course.
Asked by: Lord Cashman (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government when they estimate that their proposals to abolish the Immigration Health Surcharge currently paid by care workers and NHS staff will be implemented.
Answered by Lord Bethell
Work by Department of Health and Social Care and Home Office officials is now underway on how to implement the change, and further details will be announced shortly.
Asked by: Claire Hanna (Social Democratic & Labour Party - Belfast South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she make an assessment of the potential merits of ending the NHS surcharge for all migrant workers.
Answered by Kevin Foster
The overall purpose of the Surcharge is to benefit the NHS, help to care for the sick and save lives.
NHS and wider health and social care workers from abroad make a fantastic contribution. However, it is fair to expect people arriving in the UK to work in non-healthcare roles to make a contribution to the brilliant NHS services to which they can access.
Asked by: Lord Berkeley (Labour - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what arrangements they have agreed with the government of Romania about Romanian agricultural workers coming to the UK; what checks for COVID-19 were required on such workers before they joined outbound flights; what social distancing arrangements were required on the flights in terms of the number of (1) passengers, and (2) seats; whether such workers in the UK have access to health services in the same way as UK workers; whether those workers are covered by national minimum wage rules; whether such Romanian workers will be required to leave the UK at the end of the summer harvest period; and if so, who will fund their return travel costs.
Answered by Lord Gardiner of Kimble
Workers are able to continue to come to the UK under the key worker category “Food and other necessary goods”.All flights coming to the UK must follow the current UK policy relating to the delay phase of the current COVID-19 outbreak. All passengers on entry to UK must follow the government’s social distancing guidance as per GOV.UK website available at: https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others/full-guidance-on-staying-at-home-and-away-from-others
Various airlines and airports have implemented social distancing measures, by making reasonable adjustments. For example the following social distance adjustments are in the process of implementation at many airports, wherever possible: opening additional staff search areas; altering security lane opening plan to leave space between lanes; ensuring only one passenger at a time waiting to go into the body scanners; floor markings placed at bag search areas to ensure people maintain a safe distance whilst their bag is being searched; more colleague parking to reduce the number of people on public transport.
Any individual who is ill and showing signs of COVID-19 should not be allowed to board a flight to the UK.
All flights to the UK are required to provide health announcements to passengers relating to the current COVID-19 outbreak. In the event that there is a seriously unwell passenger, information must be reported to the relevant airport in line with standard operating procedure, and to the PHE (Public Health England) Health Control Unit at London Heathrow (LHR). If the unwell passenger has COVID-19 like symptoms then on arrival they will be advised to self-isolate for 7 days and if symptoms worsen to call NHS 111. All passengers will be provided with information leaflets on arrival in the UK about following government's social distancing guidance.
Employers of those travelling on flights are applying additional measures for workers prior to and following arrival into the UK, including isolation, temperature checks and social distancing during travel.
In accordance with transition arrangements with other EU countries on healthcare, workers are able to access medical assistance during their time in the UK should this be required. If migrant workers from EU countries fall ill with coronavirus (COVID-19) while in the UK they will not have to pay for diagnosis or treatment, this includes if they are tested and the result is negative.
Businesses must comply with current UK employment law, including pay for workers in line with National Minimum Wage rules.
Any individuals working in the UK will be able to return home at any time, subject to the home country border restrictions. Flight costs will be paid for by the worker and in line with Gangmasters and Labour Abuse Authority (GLAA) regulations.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many care workers in England are currently working on a Tier 2 visa that is due to expire before 1 October 2020
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Whilst some senior and managerial roles as well as other health professionals, including nurses, working within the care system may be eligible to apply under Tier 2, care workers, including senior care workers, do not currently meet the required skill level to qualify for this route.
Under the UK's Points-Based Immigration system we will expand the skills threshold to jobs at Regulated Qualification Framework level 3 and above.
Asked by: Baroness Kennedy of Cradley (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many care workers in England are currently working on a family reunion visa that is due to expire before 1 October 2020.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We are extremely grateful for the vital contributions of medical professionals during these unprecedented times, however the information requested on care workers currently on a family reunion visa is not collated or published by the Home Office.
Individuals who enter the UK under family reunion have the right to work, but are under no obligation to inform the Home Office if they enter into employment after they arrive.
The Home Office published data on Family Reunion visa grants can be found here ‘Immigration Statistics Quarterly Release’. Data on the number of on Family Reunion visas granted to family members of refugees, broken down by nationality, sex and age are published in tables Fam_D01 of the asylum and resettlement detailed datasets.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what plans they have to involve councils in decisions about reform of the immigration system in relation to the adult social care workforce.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government published details of the new UK’s Points Based System on 19 February.
A comprehensive programme of communication and engagement will be launched this month, focusing on users and key sectors. It will involve relevant stakeholders, including local authorities.
Asked by: Lord Jones of Cheltenham (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they intend to designate care work as a skilled occupation under the new immigration system.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The classification of the skill level of jobs is based upon advice from the independent Migration Advisory Committee (MAC).
The MAC has been clear that immigration is not the solution to addressing staffing levels in the social care sector.
The Government is working alongside employers to ensure the workforce has the right number of people to meet increasing demands and have recently launched a national recruitment campaign for social care.
Senior care workers who meet the criteria will be able to come to the UK through the points-based system.
We are also providing councils with access to an additional £1.5 billion for adults and children’s social care in 2020-21.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Department for Education:
To ask the Secretary of State for Education, who has parental responsibility for unaccompanied and asylum-seeking children who are in care on a voluntary agreement under section 20 of the Children’s Act 1989.
Answered by Vicky Ford
Under s20 of the Children Act 1989 the local authority has a statutory responsibility to accommodate unaccompanied, asylum seeking children (UASC). Where the child is accommodated for more than 24 hours they become a ‘looked after’ child and the local authority where the child presents has a statutory duty to safeguard and promote the child’s welfare in the same way as any other looked after child.
Ofsted, as part of its children’s services inspection framework, monitor and quality assess local authority processes in relation to all looked after children and care leavers. This will include an assessment of pathway planning.
The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ and ‘Children Act 1989: planning transition to adulthood for care leavers’ set out how local authorities should appropriately pathway plan in a way that meets the needs of unaccompanied care leavers. This guidance is available at the following links: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf.
The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ also sets out how local authorities should appropriately care plan for UASC in accordance with the Care Planning, Placement and Case Review (England) Regulations 2010. The regulations apply to all looked after children, regardless of their immigration status, nationality or documentation.
The statutory guidance makes clear that social workers’ knowledge of the asylum process should include an understanding of the child’s asylum process, the purpose of the asylum case review and the different possible outcomes of a child’s asylum claim and how that impacts on pathway planning. Social workers should also have a broad understanding of the immigration system. In addition, the department is developing bespoke materials for social workers to support their understanding of the asylum process. These materials are currently being tested by a sample of local authorities prior to wider dissemination across England. We have also commissioned the No Recourse to Public Fund Network to produce guidance on pathway planning for unaccompanied adolescents who are care leavers.
As part of the care planning process, local authorities must carry out a health assessment of all their looked after children. The Regulations and Statutory Guidance ‘Promoting the Health and Wellbeing of Looked-After Children’ makes clear that an assessment should include the child’s emotional and mental health needs and this must be reviewed regularly. Statutory guidance also makes clear that for unaccompanied children, the health assessment should ascertain any physical, psychological or emotional impact of experiences as an unaccompanied child or child victim of modern slavery. Any past trauma or experiences should be noted, along with any consequential need for psychological or mental health support to help the child deal with them. Mental health provision is provided at a local level.