Andy Burnham’s social care reform speech: Legal and HR comments
Andy Burnham has today set out his strategy for reforming the social care system in England via a series of announcements.
The Prime Minister has asked Baroness Louise Casey to fast-track her final report, due to be published in 2028, to summer 2027. The review is intended to examine and make recommendations on how to build a National Care Service that integrates with the NHS.
Baroness Casey also launched the 'Big Conversation on Care', a public engagement initiative to seek the views of up to one million people across England on the future of social care. The consultation is due to conclude by April 2027.
Mr Burnham – who has invited leaders of the Conservatives and Liberal Democrats to cross-party discussions on identifying common ground for social care reform – also announced plans to expand the existing social care fair pay agreement into a broader workforce reform.
This will aim to improve pay, training, job security and career progression for care workers — including creating progression routes from social care into NHS positions, and treating the two sectors increasingly as “one workforce”.
What reforms could mean for independent care providers and local authorities
James Arrowsmith, Partner specialising in social care at UK and Ireland law firm Browne Jacobson, said: “Delivering an NHS-style model in adult social care is hugely ambitious but reflects the bold, long-term thinking that is required to put social care on equal footing with healthcare.
“Whatever vision the government may emerge in relation to adult social care must be rooted in reality, however. The sector features a broad range of for-profit and not-for-profit organisations, with various funding models, and the vast majority deliver excellent person-centred care.
“Andy Burnham has already spoken about building political consensus, while the Big Conversation on Care aims to bring the public on board with reforms, but it’s vital the government also engages the sector – including commissioners, providers, investors, staff and service users – to understand what is and isn’t working.
“The Wigan Deal – a pioneering public service reform created by Wigan Council in 2011 that fundamentally shifted local government from a top-down service provider into a true partnership with communities – continues to be held up as an example model of how to take the public on the journey to transform how local services are run.
“As a champion of local empowerment via devolution, Mr Burnham will be aware of the lessons that can be learned from this exercise in having honest conversations with citizens and stakeholders about the systemic challenges and constraints that exist and the solutions available, even if they aren’t going to be universally popular.
“While details on the exact nature of reforms are still to be tabled, there have been suggestions the government may attempt to ensure public funds are only available to non-profit-making providers, which would follow the direction of travel set by Sir Keir Starmer’s administration in children’s social care reforms.
“Such a move in adult social care would require careful consideration of how responsibilities are transferred to the public sector or how independent providers modify their models so they can continue to work with local authorities, so that councils do not lose access to existing high-quality provision. Continuity of high-quality services has to be the priority in any change project involving care.
“As we have seen with healthcare, however, there continues to be an important role for private hospitals for those who choose a higher standard of care. We’d expect to see this replicated in adult social care, meaning there will remain a place in the system for privately-backed, for-profit care providers that invest in delivering the highest quality services.
“Finally, while accelerating the work of the Casey Commission is of course welcome, the government should consider where capacity for implementing reforms will come from at a time when local government reorganisation and devolution is already eating up a lot of time and resource within local authorities. The outcome of the commission is just the start, and planning will need to start now if the sector is to be positioned to begin a transition toward a new model of care from 2027.”
Vision for sustainable workforce pipeline needed
Laura Chinyere-Ezeh, HR Consultant for the health and social care sector at Browne Jacobson, added: “Alongside policy reforms, ensuring we have enough of the right people with the right skills to deliver high-quality care will be central to delivering Andy Burnham’s ambitions for a National Care Service.
“This is a challenge that care providers have been grappling with for years and requires dedicated, long-term support from government to develop a sustainable pipeline of carers, registered managers and specialised practitioners.
“The Prime Minister's commitment to expanding the fair pay agreement and improving pay, training and job security for care workers is very welcome. Innovating working patterns, supporting career progression and improving visibility among young people are key ingredients in promoting careers in care, and today's pledge to create progression routes from social care into NHS positions supports this.
“Impacts stemming from restrictive immigration policies under Sir Keir Starmer’s government, including limiting the number of care worker visas for overseas workers who represent a significant proportion of the health and care workforce, has made the domestic workforce agenda all the more urgent.
“As integrated care is promoted and collaboration between the NHS and social care is encouraged, fostering mutual respect between both sectors and carving out clear career pathways will be essential to making this reform a lasting success.”
Contact
Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072