Employment Agency Standards (EAS) Inspectorate who apparently are now starting to undertake inspection visits on Domiciliary Care organisations.

https://www.gov.uk/government/organisations/employment-agency-standards-inspectorate

LCAS has gathered this information from colleagues at The Care Association Alliance – CAA – https://www.caa.care/

I have spoken to Patricia Neil, Lead Inspector at EAS Inspectorate.

This is her explanation – Where a domiciliary care provider is providing care to ‘private clients’ (the EAS mean ‘self-funders’ who are not funded by the LA by this term), the EAS Inspectorate have the right to inspect the domiciliary care provider as an ’employment business’ (not an employment agency)

This is because the private client and /or family agree their care plan directly with the dom care organisation, and can change, reorganise and cancel care at any time at their discretion – the private client has ultimate direction and control about their care and the contract.  

The EAS Inspector will ask to see at their visit:

Terms of Business / Contract between dom care provider and client (only for private clients)

The agreed requirements of that client

The employment contracts of care workers caring for these clients

Key information provided about the private client to the care worker

The inspector said that if the EAS Inspectorate contacts you as a dom care provider and you do not have any private clients (as all your clients are funded by the LA), the inspector has no right to inspect you.  She couldn’t or wouldn’t explain (other than saying that’s where it gets really complicated) what would happen for clients who are part funded by the LA.

She reiterated that the Inspectorate are starting to undertake inspections on dom care providers nationally.

Sorry to be the bearer of news of more work for our providers…

If you, or your business have been caused issues by visits from the EAS, please let us know so that we can inform national colleagues.