The UK government’s controversial immigration rule, which bars care workers from bringing their children and partners to the country, is under legal scrutiny following the granting of permission for a judicial review. The changes, implemented on March 11, 2024, have drawn significant criticism for their alleged discriminatory nature and detrimental impact on the already struggling social care sector.
The Controversial Policy
Introduced by then Home Secretary James Cleverly, the policy aims to address non-compliance and exploitation in the care sector. However, critics argue that it has placed an undue burden on care workers, forcing them to choose between their family lives and their careers in the UK.
According to Migrants at Work, the organization leading the legal challenge, care workers who relocate to the UK must now decide between maintaining family unity or accepting employment in health or social care. Aké Achi, the organization’s Chief Executive, described the policy as “tearing families apart” and warned of its potentially disastrous consequences for the care sector.
“The new rules will further exacerbate the staff shortages in the adult social care workforce,” Achi said. “Carers now face an invidious choice: either contribute to the UK’s social care sector or remain with their families. The rules make it impossible to do both.”
Impacts on the Care Sector
The adult social care sector already faces a severe staffing crisis, with vacancy rates nearing 10%. Critics argue that the new policy further deters qualified workers from joining the workforce, compounding the sector’s challenges.
Jeremy Bloom, a solicitor representing Migrants at Work, emphasized that the Home Office did not conduct a full impact assessment before implementing the policy, raising serious concerns about its compliance with the Public Sector Equality Duty
Bloom remarked, “We haven’t seen any evidence that the Home Office properly considered the impact this will have on workers, vulnerable individuals who need social care, or the wider social care system.”
Government Defense
A government spokesperson defended the changes, stating that over 120,000 dependants accompanied 100,000 care workers to the UK in the year ending September 2023, a figure they deemed unsustainable.
“Care workers make a vital contribution to society, but immigration is not the long-term solution to our social care needs,” the spokesperson said.
Legal Arguments and Next Steps
The judicial review will investigate whether the policy discriminates based on sex and race, breaches public sector equality obligations, and fails to account for the needs of care workers. Critics hope the challenge will lead to a reversal of the policy or significant amendments to support both workers and the care sector.
Bloom urged the government to reconsider the rules, highlighting the unnecessary expense of litigation and the detrimental effects on the care sector.
A System at a Crossroads
This legal challenge underscores the tension between immigration policy and the urgent need for skilled workers in the UK’s social care sector. As the judicial review progresses, it will determine whether the government’s approach aligns with legal standards and societal needs.
For care workers and their families, the outcome of this case could shape their futures, bringing hope for a more balanced and inclusive policy framework.
Stay updated with the latest developments on this story.