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QUALITY ASSURANCE AND COMPLIANCE FOR YOUR CARE

BUSINESS

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Compliance

Posted On: 30 May 2024


UPDATES TO EMPLOYMENT LAW: HOW TO STAY COMPLIANT

Employment law is legislation that regulates the rights and responsibilities of
employers and employees. It is essential to know your employees’ rights and
entitlements to ensure you stay compliant with your legal obligations as an
employer.

From the tax year commencing 6th April 2024, several changes to employment law
have taken effect across England, Scotland, Wales and Northern Ireland. In this
article, ClouDoc outlines the updates you need to be aware of to help your
business prepare.



CHANGES TO PAY RATES


NATIONAL MINIMUM WAGE AND REAL LIVING WAGE

The national minimum wage is the minimum hourly wage that employers must pay
their workers. Most workers are entitled to this wage, with the only exceptions
being those who are self-employed, interns, volunteers, or those on work
experience/shadowing placements.

In the 2024/2025 tax year, the minimum wage has risen from £10.42 to £11.44 for
workers over the age of 23 and from £7.49 to £8.60 for workers aged between
21-22. For employees that are under the age of 18, including apprentices, the
minimum wage rose from £5.28 to £6.40.

Changes have also been made to the Real Living Wage. While this is not
compulsory for employers, it is the only wage rate that is based on the current
cost of living. For workers aged 25 and over, this has increased by around 9%:
from £10.90 to £12.00. The living wage for workers who are aged 25 and over and
who are based in London has increased from £11.95 to £13.15.

So, what should employers be doing in response to these changes?

Violations of minimum wage rates can result in heavy fines, so we advise
starting your payroll management as soon as possible. Start with a pay review to
ensure you are already paying your employees the minimum requirements.



You also want to minimise the impact of an increase in payroll expenses on your
business. For example, budget changes, such as cutting operation costs or
increasing the cost of services, may be necessary. Conducting a review of your
business will give you a clearer idea of any changes you might need to make.


STATUTORY SICK PAY

Employers must pay any workers statutory sick pay (SSP) who:

 * Are classed as an employee and have done at least one shift for an employer.
 * Are earning at least the Lower Earnings Limit per week.
 * Have been off sick for 4 consecutive days.

Workers do not qualify for statutory sick pay if:

 * They have already received the maximum amount of SSP (28 weeks).
 * They are getting statutory maternity pay.

The rates of statutory sick pay have increased from £109.40 per week to £116.75
per week. For those earning less than the lower earnings limit, sick pay will
remain at £123 per week.

Support your workers to understand their new rights and financial entitlements
to help build a strong relationship with your employees and uphold your
reputation as a fair employer.

Check your updated sick pay policies on ClouDoc for more information and to
ensure that any edits you have made are in line with the new legislation.


FAMILY FRIENDLY PAYMENTS AND ENTITLEMENTS

Both statutory maternity pay and adoption pay increased in April 2024.

For the first 6 weeks of maternity or adoption leave, workers are still entitled
to 90% of their normal pay rate. For the remaining 33 weeks, they are entitled
to either 90% of their normal weekly earnings, or the statutory rate, whichever
is lower; the statutory rate has now increased from £172.48 to £184.03 per week
for both maternity and adoption pay.

In England, Scotland and Wales, employees’ paternity entitlements have also
changed. Workers are now entitled to split their 2 weeks paternity leave more
flexibly. For example, by taking their leave any time in the first year after
their child’s birth. Or, by taking the 2 weeks separately.

Workers now only need to give just 28 days notice before taking their paternity
leave, rather than 15 weeks. This is so long as they have made their employer
aware of their entitlement at least 15 weeks prior to their child’s due date.

In Northern Ireland, paternity entitlements remain unchanged.

 

To help you stay compliant, ClouDoc has updated its paternity policies to
include employee’s new entitlements. We advise businesses to review their own
policies to ensure they have made any necessary updates.


CARER'S LEAVE

The Carer’s Leave Act 2023 came into effect on 6th April 2024 in England,
Scotland and Wales. It requires employers to make provisions for any employee
that is classed as a carer to take at least 1 week of unpaid leave per year.

An employee is a carer if they have a dependent with a long-term care need.

A person is a dependent of an employee if:

 * They are a spouse, civil partner, child or parent of the employee.
 * They live in the same household as the employee (excluding situations in
   which they are a boarder, lodger, employee or tenant).
 * They reasonably rely on the employee to provide care and support.

A long-term care need can be one of the following:

 * An illness or injury for which care is expected to last more than 3 months.
 * A disability as defined in the Equality Act 2010.
 * Old age, which affects physical or mental health.

We advise employers to ensure they understand who classifies as an unpaid carer
and why to help make sure you fully comply with the reform.

Check out your Absence Leave policy on ClouDoc to see how we have implemented
these changes.


FLEXIBLE WORKING REQUESTS

In line with the Employment Rights (Flexible Working) Act 2023, employees are
now able to make 2 requests per year for flexible working rather than 1,
starting from their first day of employment. This may include requests to work
part-time, term-time or from home.

At ClouDoc, we have updated all of your flexible working policies to reflect
this.

To ensure compliance with this act, employers must be prepared to do the
following:

 * Explain the reasons behind any denials to a request.
 * Respond to requests within 2 months, rather than 3 months as before.
 * Consider ways to accommodate such requests where possible.




PROTECTION FROM REDUNDANCY

As of April 6th, 2024, employees taking maternity, adoption or shared parental
leave now have redundancy protection for a minimum of 18 months; this can begin
as early as the day on which an employer is notified of the pregnancy until 18
months after the birth of the child.

This act does not protect an employee from being made redundant altogether. An
employer’s responsibility is simply to ensure that workers with redundancy
protection are given priority for any alternative vacancies.

In the event that there are more protected employees than suitable vacancies,
employers are permitted to select based on skill set, experience or suitability.
We advise employers to:

 * Consider any planned redundancies to ensure they do not violate this reform.
 * Be prepared to look for alternative vacancies for protected employees if
   redundancy is being considered.
 * Ensure that meetings are arranged with any protected employees who are
   selected for redundancy to explain the reasons for this decision.

You will find your redundancy policies on ClouDoc fully updated to reflect this
change. It is essential that employers review their own policies to make sure
they are still compliant.


UPCOMING CHANGES

Employment law can seem like a challenge to stay on top of, but ClouDoc is
committed to helping you stay informed.

The UK government has more reforms planned in employment law for later in the
year. These will apply to England, Scotland and Wales, and include:

 * A new code of practice on dismissal and re-engagement.
 * Legislation that gives employees the right to request more predictable
   working patterns.
 * A requirement for employers to take active steps to prevent sexual harassment
   in the workplace.

The sooner you start preparing your business for these changes, the easier it
will be to make provisions and remain compliant.

The ClouDoc team is keeping track of any updates and is happy to answer any
document related queries.

If you have any questions, don’t hesitate to contact us on 0330 808 0050 or
email support@cloudoc.co.uk.

Read More

Compliance

Posted On: 07 May 2024


GET READY FOR YOUR FIRST OFSTED INSPECTION WITH THIS QUICK GUIDE

An Ofsted inspection can be a daunting prospect for new providers. To achieve
the best outcome, read our quick guide below and contact us on 0330 808 0050 to
discuss how your ClouDoc documents can support your setting before and after
inspection. 


THE SOCIAL CARE COMMON INSPECTION FRAMEWORK (SCCIF)

Ofsted has recently published the Social Care Common Inspection Framework
(SCCIF) for Supported Accommodation. Most inspections under the SCCIF have
previously followed the 4-point scale: outstanding, good, requires improvement
to be good and adequate. Ofsted have adapted the SCCIF for Supported
Accommdation settings into the 3-outcome model: 

 * Outcome 1: Consistently strong service delivery leads to typically positive
   experiences and progress for children. Where improvements are needed, leaders
   and managers take timely and effective action. The next inspection will be
   within approximately 3 years.
 * Outcome 2: Inconsistent quality of service delivery adversely affects some
   children’s experiences, and this may limit their progress. Leaders and
   managers must make improvements. The next inspection will be within
   approximately 18 months.
 * Outcome 3: Serious or widespread weaknesses lead to significant concerns
   about the experiences and progress of children. Leaders and managers must
   take urgent action to address failings. The next inspection will be within
   approximately 6 months.


EVALUATION CRITERIA

The SCCIF evaluation criteria fall under these 3 headings:

 1. The overall experiences and progress of children
 2. How well children are helped and protected
 3. The effectiveness of leaders and managers

Inspectors use the range of evaluation criteria as benchmarks against which to
grade and judge performance. The outcome is not derived through a checklist –
failure to meet all the criteria under a heading will not automatically lead to
a weaker outcome. The evaluation assesses whether the support for children is
effective and determines what impact your service’s support has on children’s
experiences and progress.

For the full list of evaluation criteria click here.


TIPS FOR ACHIEVING THE #1 INSPECTION OUTCOME

#1 – Make sure you’re overly familiar with the Guide to the Supported
Accommodation Regulations including Quality Standards. At the base level, your
setting needs to be meeting all the Supported Accommodation regulations. Ofsted
also consider the knowledge and understanding gained from the Care Standards Act
2000 and The Care Standards Act 2000 (Registration)(England) Regulations 2010.

#2 – The needs and experiences of your young people have to be at the forefront
of your service. In their Inspection Framework Ofsted state, “We have reached a
general consensus with the main social care stakeholders that social care
inspections should focus on the experiences and progress of children.” To
reflect this focus, all ClouDoc documents come with the “principles for
supported accommodation” developed with care experienced young people. Make sure
the support you deliver is meeting the needs and asipirations of your young
people and involve/evidence that your young people have a say in how your
setting is run. The evaluation criterita includes “The overall experiences and
progress of children” and “How well children are helped and protected,” your
setting should be able to meet and evidence the evaluation criteria under these
headings. Ofsted sends out online questionnaires annually by email and asks to
distribute these to young people in the setting – reponses should be sent by the
time an inspection gets announced. Inspectors will also ask providers to share a
short survey with young people when annoucing the inspection. 

#3 – Be ready to evidence the effectiveness of leaders and managers. Ofsted
state “Adults can only support children well if they’re given the time,
resources and information they need to do this.” Your setting should be able to
meet and evidence the evaluation criteria under the heading “The effectiveness
of leaders and managers” while also paying close attention to Regulation 4: The
leadership and Management standard (see Guide to supported accommodation
regulations including quality standards). 

#4 – Show inspectors how you safeguard your young people. Safeguarding young
people is a top priority. Your location risk assessment should have revealed the
safeguarding issues in your area and you should continue to review and update
this document (see OSA14 – Location Risk Assessment Template on ClouDoc). Your
safeguarding policy (see OSA07) should also reflect your location risk
assessment and contain the procedures staff should follow in relation to
safeguarding. See the “Safeguarding” folder in “Looking After The Young Person”
for specific safeguarding related policies.

#5 – Evidence multi-agency working. Your location risk assessment should have
evidence of your consultation with external agencies – keep this updated and
continue building positive relationships with stakeholders, including young
people, their families and external agencies. Multi-agency working enables you
to keep young people safe and provide high quality support. 

“The registered person has a key role in seeking to develop the service’s
effective working relationships with each young person’s accommodating authority
and with other relevant persons which may include individuals (including
parents), agencies, bodies offering floating support, organisations and
establishments that work with young people in the local community. These could
include, but are not limited to, schools, colleges, health, police and youth
offending teams.” – Guide to the Supported Accommodation Regulations.

This is important as Ofsted inspectors consult with a range of professionals in
your local area to inform the inspection findings. These professionals may
include placing social workers, independent reviewing officers, the virtual
school headteacher, school/college staff, local police, designated safeguarding
officers and children’s adovcates. Inspectors may ask for their relevant contact
details.

#6 – Have your documents ready! An inspector will not examine every single
document and the SCCIF has tried to put more emphasis on the actual support and
experience of the young people. The SCCIF does, however, still highlight that
the following documents may be reviewed: 

 * children’s records (local authority care plans/pathway plans or
   minutes/reports from statutory looked after children reviews and/or pathway
   plan reviews)
 * any documents that demonstrate progress made by the child
 * notes of supervision from the last 3 months
 * minutes of any professional meetings
 * health & safety checks
 * staff recruitment records



If you have any questions relating to Ofsted inspections or the documents you
may need, give ClouDoc a call on 0330 808 0050 or email support@cloudoc.co.uk

Check “SILA14 – Quality Assurance Policy” and your “Quality Assurance” folder in
your Supported Accommodation Management Forms package for documents that you can
use to audit your service pre-inspection and according to Regulation 32.

Read More

Children Services

Posted On: 18 Apr 2024


SUPPORTED ACCOMMODATION: 5 TIPS TO ENSURE YOUR REGISTERED SERVICE MANAGER WILL
MEET OFSTED & DFE REQUIREMENTS

The Registered Service Manager (RSM) is an individual who Ofsted defines as
someone who is “accountable for overseeing the management of all the provider’s
settings […] For some smallproviders, it is possible that the individual who is
the Registered Provider will also take on the role of the Registered Service
Manager.” 

If the Registered Provider runs a service of two or more catergories of
supported accommodation, the Registered Service Manager, whether a single
individual or in a job share, must be equipped with the skills and experience to
run both/all categories. The RSM manages all the provider’s individual settings
and ensures that the provider complies with the Regulations. The role of the RSM
may differ depending on the size and the nature of the supported accommodation
undertaking. For example, as a part of a small provider with only one setting,
they might have hands-on day-to-day involvement with the service whereas in a
larger organisation, they may conduct their role with the support of a
management team overseeing multiple premises. Whatever the size of the
operation, the Registered Service Manager needs to have effective oversight and
there needs to be an appropriate management and organisational structure.

In this blog, we will be breaking down what you, as the Registered Provider,
should be looking for when recruiting a Registered Service Manager, to ensure
they will pass their Ofsted RSM interview. If you are looking to be both the
Registered Provider and the Registered Service Manager, make sure you follow the
tips below in order to meet Ofsted and DfE requirements for the RSM. 


#1 THE RSM MUST BE A LEADER

In the Registered Service Manager interview, your Registered Service Manager
must demonstrate that:

 * they have the skills, knowledge and ability to represent your service in a
   way that promotes both good practice and continuous improvement
 * they have the business and management skills to supervise the management of
   the service efficiently and effectively
 * they, or another person in the organisation, have the necessary financial
   skills and expertise to run the service on sound financial basis, including
   ensuring its long-term financial viability.

To meet the above, the ideal RSM candidate has a Level 5 in Leadership and
Management in Residential Child Care or will work towards (thus enrolled onto
the course) by time of application. 


#2 THE RSM MUST HAVE GOOD CHARACTER AND HEALTH

Ofsted & DfE requirements require the Registered Service Manager to: 

 * Be of integrity and good character
 * Be mentally and physically fit to manage the supported accommodation
   undertaking. 


#3 THE RSM MUST HAVE THE RELEVANT EXPERIENCE

Your Registered Service Manager must have experience of having worked for at
least two years, within the five-year period before the day on which they apply
to register with OFSTED, in a position relevant to the residential support of
children or adults.


#4 THE RSM MUST HAVE THE PAPERWORK

The Registered Service Manager must be able to produce: 

 * Proof of identity, including a recent photograph
 * A valid Enhanced with children’s barred list(s) DBS check
 * Two written references, including a reference from their most recent employer
 * If they have previously worked in a position involving work with children or
   vulnerable adults, verification of the reason why the employment ended
 * Documentary evidence of any qualifications which the person considers
   relevant for the position for which they are applying to register
 * A full employment history, together with a satisfactory explanation of any
   gaps in employment, in writing.


#5 THE RSM MUST BE PREPARED!

The RSM has to be prepared for their Ofsted RSM interview. A big part of this
interview involves knowing how to present information – stating facts or handing
over certificates is not enough. The RSM needs to be able to explain their
reasoning and back this up with practical examples of their applicable skills,
experience and qualifications and knowledge of policies, forms & procedures. 

ClouDoc provides you with tried and tested templates that your RSM should have
read and edited before their interview to make themselves familiar with the
processes that will set the foundation of your service. All registration
policies (Emergency Contingency, Serious Notifications, Behaviour Management,
Recruitment, Safeguarding…) and key documents (Statement of purpose, location
risk assessment, business plan and young person’s guide) should interlink, so
the RSM should make sure these documents inform each other and that they are
familiar with their content and procedures. They will have to provide examples
of when they have followed procedures previously and what forms/documents they
had used and what they will use in the future. 

For any questions concerning Ofsted registration documents, give ClouDoc a call
on 0330 808 0050

Care Agency Media provides additional support and workshops for RSM’s pre and
post interview, give them a call on 0800 059 9908

Read More



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HOW OFTEN DO POLICY TEMPLATES GET UPDATED?

OUR EXPERIENCED TEAM OF POLICY WRITERS CONTINUOUSLY REVIEW ALL POLICIES ON
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POLICY TEMPLATES.


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WITH CLOUDOC, YOU CAN SHARE YOUR DOCUMENTS AS PDFS WITH A LINK, VIA EMAIL OR ON
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YES. IF YOU HAVE SUBSCRIBED FOR THE DOCUMENT MANAGEMENT SYSTEM YOU CAN UPLOAD
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