National representative body Care England has sought a judicial review into increased National Insurance Contributions (NIC) imposed on care providers.
Care England has instructed sector lawyers Aston Brooke Solicitors to begin the review, warning it had been pushed to call the government ‘to account through the courts’.
It comes after MPs last week voted against an amendment that would have seen social care providers, GP practices, hospices and pharmacies exempted from upcoming employer NIC hikes.
A judicial review would see a judge review the way in which the government’s decision to increase NICs for care providers has been made. Care England said the review would be taken on the basis of it being led by care providers.
‘A series of blows’
Care England chief executive Professor Martin Green, said: ‘It is clear that the government is not listening to the sector and has not acknowledged the body of evidence that shows the enormous impact these charges will have on care providers, and their ability to deliver care and support to the citizens who desperately need it.’
Professor Green added that the government ‘has launched a series of blows’ to the social care sector, showing a ‘fundamental lack of understanding’ about its importance.
He warned that the NIC rises announced in the Autumn Budget last year risked putting many organisations ‘on the brink of bankruptcy’.
Employer NI contributions (NICs) were increased from 13.8% to 15% in the budget, with changes expected to start from next month.
Last month, peers in the House of Lords voted to freeze NICs for primary care employers at 13.8%.
A Department of Health and Social Care spokesperson said: ‘We inherited an extremely damaged economy, NHS and social care sector.
‘We are turning this around through our Plan for Change and have already taken action to deliver an extra £26bn for health and social care.’
They also pointed towards its independent commission to build ‘cross-party consensus for a National Care Service to build a system fit for the future that is fair and affordable for all’.
At the Care England annual conference earlier this month Professor Green warned there was ‘no pot of gold’ for the social care sector to rely on to deliver government ambitions.
Speaking at the same conference the minister for care, Stephen Kinnock, said more work was needed to increase retention and grow recruitment in the social care sector.
