Children’s social care, especially Residential Child Care, workers need a Fair Pay agreement.

NCERCC has raised this before, but now it needs to be urgently enacted by government. The Children’s Wellbeing Bill provides an ideal legislative vehicle on which to do so. A Fair Pay agreement needs to be championed by the Minister for Children and enthusiastically promoted by government MPs. So far the focus has been on curbing provider profits. No one in Parliament has noted that the profits generated by RCC workers, who are low paid and have low terms and conditions in their employment. A children’s Fair Pay agreement needs to be applied to all provision, local authority, private and voluntary providers, no distinctions, no exemptions, no exceptions. The alternative is already a growing issue and could be a catastrophe – no staff!

The precedent is set by the government’s own policies. It needs follow through. With the Employment Rights Act 2025 (ERA) Fair Pay agreements for adult social care staff will be negotiated. The legislation allows for the creation of adult social care negotiating bodies in England, Scotland and Wales, to set pay, terms and conditions for sector staff in each country. Good.

Now is the time to make the planning for the Regional Care Coops radical in deeds by reaching beyond profits to provide a platform of pay, terms and conditions, and workforce development.

The ERA will also improve access to statutory sick pay and provide rights to guaranteed hours for people on zero-hours contracts…

Social care negotiating bodies

The ERA allows government to make regulations creating a negotiating body, which would be required to have representation from representatives of social care staff and sector employers, though may also have other members. An essential member is representation of a new Residential Child Care worker professional association. NCERCC is in discussions to establish such a grouping providing residential workers with a loud and distinct voice that makes it clear to everyone, it is workers who do the caring. It will be positive if provider employers agree, but residential workers’ closest allies are the children. Children’s organisations need to organise not just represent. It is time workers and children take steps together, independent, autonomous.

Each body will negotiate terms and conditions for adult social care staff in their respective country under regulations drawn up by the government, setting out how they must operate and reach decisions.

Government promotion of such bodies is key. Agreements made by the bodies will have to be submitted to the government for ratification. Any agreements Governments disagree with will be asked to be reconsidered. This makes it abundantly clear that Governments need to support workers and children not just stand opposed, or alongside, to providers. With Residential Child Care workers involvement and voice there will be more than two interested parties around the table.

Agreements will be binding on adult social care employers in England and will need to be reflected in social care workers’ contracts. They will be enforceable in the same way as minimum wage legislation is, with such enforcement being the function of a new Fair Work Agency.

The same is needed for children’s residential child care

Setting fair pay deals in England

The Department of Health and Social Care (DHSC) has a current consultation regarding establishing the negotiating of the negotiating body for adult social care for England, and how fair pay agreements should be managed.

The DfE should now consult too. Not to do so is not only incongruous but sending a clear message to Residential Child Care workers that they are (in deed – this being intentional and not a typo) forgotten, ignored or inconsequential – in fact and in deed (again), any combination thereof.

The DHSC is planning to set up the body later this year, so that it can conduct its first set of negotiations in 2027, implementing the first fair pay agreement the following year.

The government cannot drag its feet regarding children’s Residential Child Care.

Annual adult care negotiations are to be based on a remit set by ministers, outlining any government priorities for that particular pay round, timescales and a cost “envelope” for the resulting agreement.

This is inadequate. It commits low paid workers to submit and succumb to a predetermined limitation. Children’s social care needs a proper wage to attract high quality, committed and skill rich, or hungry to acquire, people. Government must be aware workers are receiving benefits, some even refusing overtime because it would affect them. This must be ended once and for all.  The vocational characterisation needs to be seen as a means of curbing proper returns for care work.

The limits to be noted are not those set by government fiscal rules but workers requirements for a fit wage. The negotiating body needs to set the extent of the funding needed.

The amount of first uplifts will be large. That does not mean it should be denied but that it should be front loaded and staged. In the light of warfare getting uplifts, welfare needs it more. The Minister for Children needs to argue the case just as the defence minister has been doing. The Chancellor and PM must be persuaded. These are our children who are being cared for. We, including every single member of Cabinet as the Corporate Parents of children in care. It is what they legislation says; we are all Corporate Parents, children’s care is society’s response to need. Let Government accept and in deed (again) be proud of their exercise of parental responsibility. Relationships and parenting is at the heart of the government programme for children’s social care. It is important government ‘walks the walk’ and provides the conditions where they will flourish for all children no matter where they are living.

The next pay increase of is a start if it is made in full and across all provider types. We need bread and roses, not crumbs and daisies.

Zero-hours contracts are not good practice

The adult care sector will also be significantly reshaped by the new requirements made by the ERA regarding ‘zero hours’ contracts. Under ERA, employers will have to offer guaranteed hours to staff on zero-hours contracts or on contracts under which they are offered a minimum number of hours. Continuity of care and relationships by known and trusted adults has always been good Residential Child Care practice..

The ERA also allows for the government to make regulations requiring employers to offer the guaranteed hours at regular times and also stipulates that employers must pay staff for shifts that are cancelled or rescheduled at short notice.

Care providers and local authorities will, no doubt, raise fiscal rules concerns. This shows the independence needed by workers. This independence of workers will necessarily recast the current contractual, and other, close relationship of local authorities and providers.

Sick pay reforms

The ERA will also increase access to statutory sick pay (SSP) from April 2026. Under the changes, SSP – currently worth £118.75 per week – will be available from day one of a worker’s sickness, not day four, as at present. When you are being paid on or very near the minimum wage there is almost no opportunity to save for difficult times.

The ERA also removes the current requirement for staff to earn at least £125 per week to be eligible for SSP, with lower earners paid 80% of their normal weekly earnings when they fall sick.

Surely no one could argue against this, or any, measure? They are only a start towards what is needed to transform care.

‘Wages for Care Work’.

NCERCC aims to provide the foundation for the advancement of this necessity with urgency.