Complaints and Claims – The Care sector staffing shortages after pandemic

We have written previously about the potential for claims arising from the social care sector as a result of staffing shortages. An interesting investigation report in this weekend’s Sunday People has highlighted the growing reports of abuse and injuries to elderly vulnerable care home residents in recent months.

The article (found here) suggests that the growing reports may be due to staffing shortages. The social care sector was already understaffed prior to the double whammy of Brexit and then the Covid-19 pandemic. There is a high level of job vacancies within the social care sector at present – up to 10% in comparison to 5.9% in May 2021.

The Sunday People article quotes from work undertaken by the social care watchdog Care Campaign for the Vulnerable which has seen complaints increase by 80% since the end of lockdown restrictions earlier this year.

Rising reports of abuse and injuries

These reports of abuse and injuries may also now be arising only now due to the fact that families will not have seen their family member or friends for many months due to lockdowns and restrictions on visiting care homes. When seeing a relative or friend in a care home after a gap in visits, the extent of any decline or deterioration may not have been obvious without regular visits, and their appearance and presentation after several months (for whatever reason) will no doubt be sadly shocking to them. Whilst family members or friends may not be directly involved in caring, they certainly play an important role in monitoring and advocating for their loved one’s wellbeing.

Why claims are becoming difficult to defend

We are already seeing some civil claims and investigation instructions relating to incidents or accidents that occurred in the care homes due to lack of staffing or lack of supervision of vulnerable residents.

In addition on considering the claims we are seeing it is becoming clear that they are likely to be more difficult to defend, as carers during this period recorded insufficient detail on the steps they were taking to care for a resident – or in some cases none at all.

It was initially envisaged that there would be a significant number of Covid-19 claims from residents and/or their families but what we are now beginning to see are the complaints and claims that do not directly involve Covid-19 but they are certainly an indirect result of the pandemic.

Jennifer Johnston, Associate, BLM

jennifer.johnston@blmlaw.com