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The below Parliamentary question was asked by Paul Burstow on 2015-01-14.

To ask the Secretary of State for Business, Innovation and Skills, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218-22WH, on care sector, what discussions his Department has had with the Department for Communities and Local Government and the Department of Health on the effect of commissioning decisions by local authorities on the level of compliance with the national minimum wage in the care sector; and if he will make a statement.

Jo Swinson

The Government is taking action to improve compliance with the National Minimum Wage (NMW) in the social care sector. We are working closely with the Department of Health, Communities and Local Government and HM Revenue and Customs (HMRC).

Over the period 1 April 2011 to 31 March 2013, HMRC have made enquiries into 224 employers in the social care sector. Over half of these were paying less than the minimum wage between them owing £1,319 729 arrears of pay to 6550 workers, with penalties issued with a total value of £146,931. There are 94 investigations currently underway in the social care sector.

The Department of Health have recently published statutory guidance for local authorities as part of the package of secondary legislation to accompany the Care Act. The chapter of statutory guidance on commissioning and market shaping explicitly states that local authorities should have evidence that contract terms, conditions and fee levels will not compromise care providers’ ability to pay at least minimum wages.

The Department of Health is asking all Local Authorities to sign up to the Social Care Commitment which incorporates a statement about employer compliance with minimum wage legislation. The Association of Directors of Adult Social Services has written out to all its members encouraging them to support the Commitment as a way of raising standards in adult social care.

The Department of Health is also working with the Association of Directors of Adult Social Services (ADASS), the Local Government Association (LGA) and the Health Services Management Centre at Birmingham University to develop as set of Commissioning Standards. Local authorities will be encouraged to use these as a benchmark to support them to improve commissioning practices, including those which have an impact on the social care workforce such as employer compliance with National Minimum Wage.

In addition to the actions we are currently taking to reduce non-compliance in the social care sector, we will also be:

• issuing guidance to employers so that they understand the NMW law, including tips to avoid common mistakes and the records that they should be keeping to prove that they are paying their workers correctly.

• encouraging care sector workers who have been underpaid to make a complaint- making sure that they understand their entitlement.

HMRC have started work on new targeted enforcement work in the care sector.

Any worker who is concerned that they have not received what they are entitled to should call the helpline on 0800 917 2368. HMRC follow up every complaint.

The below Parliamentary question was asked by Paul Burstow on 2015-01-14.

To ask Mr Chancellor of the Exchequer, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, column 222WH, on care sector, on what date each of the 94 cases was first raised with HM Revenue and Customs; and if he will make a statement.

Mr David Gauke

The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government is in the process of introducing primary legislation so that the maximum £20,000 penalty will apply to each underpaid worker.

In response to the questions arising from the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218- 222WH, on the care sector:

Investigations into the 94 cases have been underway since 29 December 2011 – largely stemming from the particular period of enforcement referred to by the Parliamentary Under-Secretary of State for Business.

HMRC already accept third party complaints and review all information received. All information received from third parties is handled sensitively. HMRC are unable to give feedback to third parties on any action taken or progress made, as all worker information is strictly confidential.

HMRC’s proactive work informing the ‘National Minimum Wage: Compliance in the social care sector’ report, commenced in April 2011 and evaluated enforcement in the social care sector over the period 1 April 2011 to 31 March 2013. We are continuing to evaluate this work, and HMRC are undertaking new targeted enforcement work in the care sector as set out by the BIS Minister on 15 January 2015.

The below Parliamentary question was asked by Paul Burstow on 2015-01-14.

To ask Mr Chancellor of the Exchequer, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218-22WH, on care sector, if he will make it his policy to enable third parties to make formal complaints about breaches of national minimum wage rules and for them to be kept informed of the progress and outcome of investigations; and if he will make a statement.

Mr David Gauke

The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government is in the process of introducing primary legislation so that the maximum £20,000 penalty will apply to each underpaid worker.

In response to the questions arising from the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218- 222WH, on the care sector:

Investigations into the 94 cases have been underway since 29 December 2011 – largely stemming from the particular period of enforcement referred to by the Parliamentary Under-Secretary of State for Business.

HMRC already accept third party complaints and review all information received. All information received from third parties is handled sensitively. HMRC are unable to give feedback to third parties on any action taken or progress made, as all worker information is strictly confidential.

HMRC’s proactive work informing the ‘National Minimum Wage: Compliance in the social care sector’ report, commenced in April 2011 and evaluated enforcement in the social care sector over the period 1 April 2011 to 31 March 2013. We are continuing to evaluate this work, and HMRC are undertaking new targeted enforcement work in the care sector as set out by the BIS Minister on 15 January 2015.

The below Parliamentary question was asked by Paul Burstow on 2015-01-14.

To ask Mr Chancellor of the Exchequer, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218-22WH, on care sector, when the last round of proactive investigation work by HM Revenue and Customs (a) began and (b) finished; when the current proactive work began; and if he will make a statement.

Mr David Gauke

The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government is in the process of introducing primary legislation so that the maximum £20,000 penalty will apply to each underpaid worker.

In response to the questions arising from the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218- 222WH, on the care sector:

Investigations into the 94 cases have been underway since 29 December 2011 – largely stemming from the particular period of enforcement referred to by the Parliamentary Under-Secretary of State for Business.

HMRC already accept third party complaints and review all information received. All information received from third parties is handled sensitively. HMRC are unable to give feedback to third parties on any action taken or progress made, as all worker information is strictly confidential.

HMRC’s proactive work informing the ‘National Minimum Wage: Compliance in the social care sector’ report, commenced in April 2011 and evaluated enforcement in the social care sector over the period 1 April 2011 to 31 March 2013. We are continuing to evaluate this work, and HMRC are undertaking new targeted enforcement work in the care sector as set out by the BIS Minister on 15 January 2015.

The below Parliamentary question was asked by Paul Burstow on 2015-01-14.

To ask the Secretary of State for Health, pursuant to the oral Answer by the Parliamentary Under-Secretary of State for Health of 13 January 2015, Official Report, HC Deb column 703, on mental health care (pregnant women), if he will publish his Department’s plans and the funding committed for ensuring that every maternity unit has staff specially trained in perinatal mental health skills by 2017; and if he will make a statement.

Dr Daniel Poulter

Improving diagnosis and services for women with pregnancy-related mental health problems is one of the Department’s priorities for maternity care.

‘Closing the gap: priorities for essential change in mental health’, published in January 2014, sets out the Government’s plans to ensure new mothers receive better support so that the incidence and impact of perinatal mental health problems can be reduced.

The Government’s Mandate to Health Education England (HEE) from April 2014 to March 2015 asks HEE to ensure post-registration training in perinatal mental health to ensure that trained specialist mental health staff are available to support mothers in every birthing unit by 2017.

To meet this mandate commitment, HEE, in conjunction with the Institute of Health Visiting, has developed three e-learning modules specifically covering topics such as perinatal depression and other maternal mental health disorders. The modules have been designed specifically for nursing, midwifery and health visiting staff. HEE is continuing to work to ensure midwives in training have a core training module focusing on perinatal mental health and to develop a continuing professional education framework for the existing maternity and early years workforce in 2015.

HEE’s 13 Local Education and Training Boards are taking forward the commitment locally to ensure that every maternity unit has staff specially trained in perinatal mental health skills. HEE has advised that information on the funding committed is not collected centrally.