Scotland’s trade union body says the blame for record high delayed discharge in Scotland lies “squarely at the door” of the Scottish Government’s due to “delay and dither” over promises for social care.

The unions Unison, Unite and GMB, alongside the Scottish Trade Union Congress (STUC), have criticised the Scottish Government for their repeated delays to the rollout of sectoral bargaining -  a measure which would allow unions to reach a collective agreement on pay which covers all workers - within social care. 

They claim the lack of bargaining has led to record delays in patients discharged from hospitals as more people are leaving the industry due to poor pay and a lack of pay equity across the sector. 

In August 2024, there were 62,003 days spent in hospital by people in Scotland whose discharge was delayed. This is an 11% increase on the number of delayed days in August 2023 (55,709).

In the same year, almost one in three staff employed by the voluntary sector left their role in 2023, according to data from the Scottish Social Services Council. 

In a letter sent to unions in September, seen by The Herald, Maree Todd MSP, Minister for Social Care, Mental Wellbeing and Sport,  confirmed the Scottish Government had no intention of establishing sectoral bargaining next year due to “unique and difficult challenges”. 

However, the STUC says sectoral bargaining must be introduced “as a matter of urgency” as it is the “linchpin” of reform for the social care sector. 

Unions have demanded a rate of £15 an hour for carers which they say would reduce the Scottish Government’s “chronic record over delayed discharge”. 

Speaking exclusively to The Herald, STUC General Secretary Roz Foyer said: “The Scottish Government is clearly failing to get to grips with the crisis within our health and social care services. The blame lies squarely at their door."

“The Scottish Government has dithered and delayed for far too long on the establishment of sectoral bargaining within social care. If our movement can collectively raise the terms, pay and conditions for social care staff through sectoral bargaining, retaining our brightest and best thereby reducing the retention crisis within the sector, delayed discharges will inevitably fall.”


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Ms Foyer added: “The Scottish Government cannot ignore this chaos any longer. Not while patients, service users and social care staff continue to suffer from an all too avoidable crisis in social care.”

Ministers say they are currently working on “a constitutional framework” to introduce the bargaining model. 

In the Programme of Government in September, ministers committed to prioritise funding to increase the pay of workers in adult and children’s social care so they are paid “at least” the Real Living Wage from April 2025. 

However, the trade union body says this brings “deep disappointment” for care workers who were promised back in 2021 the establishment of sectoral bargaining to improve pay “would be given priority”. 

In a letter to the health minister Neil Gray about this issue earlier this year, the STUC said: “Three years later, we are told care workers will need to wait to April 2026 for that promise to be met. Workers cannot wait that long.”

The Scottish Government’s National Care Service bill - which would allow Scottish ministers to transfer social care responsibility from local authorities to a new, national service - has come under fire after unions withdrew their support from the bill. 

Yesterday, thinktank Common Weal issued a report calling on the Scottish Government to “face facts” and drop the National Care Service Bill, but that “it need not lose the good things still in the legislation".

The report, called Tacking the Care Crisis Now, proposes creating a Care Reform Bill by extracting and combining elements of the bill passed at Stage One that have widespread support as well as adding in some other provisions that either would have followed or should have been included in the original Bill. 

Supported measures would include Anne’s Law - the proposal for family to have a legal right of access to loved ones in care. 

Craig Dalzell, Common Weal's Head of Policy, said: “This whole process has been a mess, but some good can still be salvaged from it. There are things in this legislation that can be progressed faster outside the Care Service Bill than inside it and these can make a real difference.

"We still support a National Care Service and we want the Scottish Government to start again and get it right this time, working with those who deliver care and not against them to build the care service Scotland deserves. We just don't want people to think that means there is nothing that can be done right now to improve care services.”

The government was handed a fatal blow with the Scottish Greens recently saying they would not back the plans.

Ahead of their party conference which started today, the Scottish Greens co-leader Lorna Slater told our Political Editor Andrew Learmonth the National Care Service is "a great idea", however, it is important to listen to those in the industry who "are not convinced". 

Council umbrella body Cosla and the Scottish Trades Union Congress (STUC) both withdrew their backing for the plans in recent weeks.

Speaking to The Herald about the National Care Service, Roz Foyer said: “The Scottish Government seem hellbent on railroading through the National Care Service Bill that is mortally flawed. It’s an unedifying, a ham-fisted legislative approach that speaks of frameworks and stakeholder consultations but, in reality, has yet to deliver any meaningful outcomes for social care workers.

“We all agree it must reform. We’re committed to it.  In its current form, the NCS Bill fails to achieve this. Workers need a national care service that values them, provides security of employment and isn’t run for profit.” 

“We need the government to join us in that vision and provide a social care sector that values workers and values service users.”

Earlier this month, John Swinney stood by plans for a national care service as the “most effective way” of improving care services across the country.

 A final vote on the legislation is expected next year.

The Scottish Government has been contacted for comment.