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Restructuring Services
Sector Outlook Series
Bringing industry
challenges to the surface
Adult Social Care – In Troubled Water
May 2016
Figure 1. Proportion of Britain's population aged 65 and 85 plus (%), 1901 – 2041
Source: ONS Population Trends & Population Projections
0%
5%
10%
15%
20%
25%
30%
204120312021201120011991198119711961194119211901
+65 +85
The number of people
over 85 in the UK is
expected to double
between 2016 and
2040 to 3.4m1
The Adult Social Care sector in the UK is in difficulty. The sector is experiencing the perfect storm of an ageing UK population
(Figure 1) which is increasing demand for services at the same time as it tries to respond to five years of real term funding
cuts, significant wage inflation and increasing regulation.
As we look ahead to the rest of 2016 and 2017, the impact of this ‘storm’ is far reaching and will place pressure on both operators and the Government, due to the legal
obligation that Local Authorities (LAs) have to provide care to those who are not in a position to fund it themselves. In addition, responsibility for care, in a scenario where
operators fail, falls back on LAs and as such there is significant pressure on the Government alongside other stakeholders to play a role in solving this crisis.
1 ONS Population Trends  Population
Projections
1
Funding cuts
2Association of directors of adult social
services in England (“ADASS”), Budget
Survey 2015
3 Laing and Buisson
Figure 2. Average weekly fees vs staff costs FY07 – FY15
0%
5%
10%
15%
20%
25%
FY 11 – FY 15FY 7 – FY 10
AWF Staff costs
Source: Knight Frank’s 2015 Care Homes Trading Performance Reviews
Over the past five years, LA funding has fallen by £4.6 billion, representing a 31% reduction in real terms.2
The implications of
the funding cuts are significant given that c.60% of residential care homes and c.70% of the home care market3
are LA funded.
Looking at the movement in average weekly fees (AWF) compared to the movement in staff costs demonstrates the increasing pressure on operators since LA funding cuts
began in 2011 (Figure 2).
Operators have sought, where possible, to adapt to reduced LA funding through an increase in private funding. This is reflected in an increasing focus on private residents
and availability of ‘top up’ options where individuals can choose to supplement LA funding.
Increasing the proportion of privately funded residents to subsidise LA-funded residents has enabled operators to partially offset funding cuts. However the limitations of
people’s ability to pay for their own care mean that there is a systemic shortage of funding which still needs to be resolved.
Additionally, while currently on hold until 2020, The Care Act 2014 will introduce a cap on an individual’s contribution to the cost of their care which will further limit private
contribution to costs.
LAs have cut their
funding in real terms by
31% over the past
5 years
2Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
This could help stem the rise in wage costs but there is a risk that the attractiveness of agency salaries means that the role of agencies might not easily be diminished. It is also
likely to take time to rebalance the workforce which doesn’t help address current pressures, including the additional impact that the National Living Wage will have on this
sector.
As a sector that employs a large number of low wage staff, the introduction of the NLW has had a large impact especially as pay differentials for all grades of staff are likely
to be maintained.
While the Chancellor in the Autumn Statement announced that LAs will be able to increase Council Tax by up to 2% to fund adult social care, it is yet to be seen how this
will translate to a direct uplift in weekly fee agreements between LAs and operators – something which will likely differ by LA. This could raise up to £2bn by 2020. However
leading think tanks Care England and Independent Age, believe this amount is insufficient to bridge the funding shortfall facing the social care sector which is estimated to
be c.£6bn by 2020.
Wage costs
There are currently c.15,000 permanent nurse
vacancies in the UK5
Agency staff costs have increased from 4.8% to 5.8%
of total staff costs between 2014 and 20154
4Knight Frank’s 2015 Care Homes Trading
Performance Reviews
5 Nurse and Midwifery Council (“NMC”) and
Office of National Statistics
Just over 60% of the income received by a care provider is spent on wages (higher for a nursing care home)4
. Wage costs
have risen due primarily to a shortage of skilled care workers and nurses which has led to both higher permanent staff
salaries and increased use of more expensive agency staff (on average, agency staff costs double that of permanent
staff).
The Government is seeking to mitigate the shortage of nurses by reducing immigration restrictions and is also considering flexing skill requirements so that fewer qualified
nurses are needed or the requirements for qualifications are reduced.
Since FY11, staff costs
have increased by 22%4
3
Increased regulation
1%
English CQC inspections in 2014/15
9%
32%58%
Source: CQC
Outstanding Inadequate Requires Improvement Good
Inspection and
regulation is necessary
to protect some of
the most vulnerable
members of society.
In addition to the above challenges facing the adult social care sector, there has also been an increase in regulation in order
to ensure care homes are stable and operating effectively. This increased regulation brings with it increased costs.
Inspection and regulation is necessary to protect some of the most vulnerable members of society. As there is an increasing focus on the standard of care homes, it is likely
that inspection criteria will drive higher in-house monitoring costs and potentially highlight the need for investment to address any areas of underperformance. The scale of this
investment is material – 41% of the Care Quality Commission (CQC) inspections carried out during FY15 were either rated as “requires improvement” or “inadequate” (Figure 3).6
6 http://www.cqc.org.uk/content/care-homes
4Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
CARE HOME OPERATORS
•	Engagement with stakeholders before performance trends downward.
•	Demonstrate to the LA and CQC a full commitment to the standards of care.
•	Consider size and shape of the portfolio and whether restructuring/selling assets could generate needed value.
•	Focus on ‘top-up’ markets where individuals are able to contribute to their own cost of care.
•	Limit increases in cost base by negotiating ‘pass through’ provisions (e.g. for wage increases) where possible.
•	Develop a collaborative approach with LAs/commissioning groups with the aim of reducing hospital admissions in exchange for higher AWFs
and occupancy.
LANDLORDS
•	Monitor standard of properties – reduced capex will likely impact fabric of the property.
•	Obtain key financial metrics and monitor non-financial KPIs in order to identify any potential operating issues as early as possible.
•	Ensure control can be taken to protect asset value during a restructuring. Landlords should consider taking security over the operator if possible
and include ‘ownership clauses’ in operational leases.
•	Create a fully worked out contingency plan to cater for a scenario where if an operator fails, the landlord is ‘handed back’ their care home.
Key considerations for stakeholders
The adult social care sector faces a number of challenges. As options to address these are limited we believe there will likely
be considerable restructuring activity in the coming years.
While there is increasing pressure on the Government to make more funding available, no one is sure when this will happen, where the funding will come from and what will
trigger action i.e. will it take another failure of a large care home operator as we saw with Southern Cross?
In the absence of additional government or equity funding, operators will have to focus on self-help and look to improve operational efficiency however they can. Given the
level of operational gearing across the care home sector, there are limited cost savings that a care home can safely implement while remaining compliant with standards.
As such, operators will have to think about other means by which they can manage costs and cash, including collaboration with other providers and their key stakeholders.
5
INVESTORS
•	Assess opportunity for new/existing entrants to develop a buy  build strategy in this sector as more care home operators face financial difficulty.
•	Investigate ways to attract a higher proportion of private pay residents or offer specialist services which fall outside of LA’s strict pricing structures
for residential and nursing care.
•	Carry out stakeholder analysis to establish relevant controls and leverage of various groups and engage early.
•	Drive operational improvements by replacing underperforming home managers or setting up local ‘clusters’ of homes which provide differing
levels of care.
LENDERS (OPCO/PROPCO)
•	Monitor care related KPIs (e.g. number of safeguarding incidents, pressure sores, skin tears, etc.) as they provide early warning signs for operational
and liquidity problems.
•	Review security position – ensure you have security over properties and operating assets, together with control over key operating functions to
enable continuity of care to be maintained in the event of insolvency.
•	Engage with the CQC and other stakeholders early if there are signs of difficulty as they can generate goodwill and provide support throughout the
restructuring process.
“Whilst there are clearly a number of negative headwinds facing the adult social care sector, there are
still investors active in this market as they recognise the longer term opportunity and believe that a
government led funding solution is inevitable, although the timing and structure of this solution is far
from certain.”
David Jones, Healthcare and Life Sciences Lead, Financial Advisory
6Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
Contacts
Rob Harding
Healthcare  Life Sciences Lead,
Restructuring Services
+44 20 7007 2514
robharding@deloitte.co.uk
David Jones
Healthcare  Life Sciences Lead,
Financial Advisory
+44 20 7007 2259
davidljones@deloitte.co.uk
Rob Fishman
Healthcare  Life Sciences
Assistant Director,
Restructuring Services
+44 20 7007 7702
rfishman@deloitte.co.uk
“The social care sector is already on its knees and
the implementation of the National Living Wage
has placed further strain on operators.
Some commentators have compared this
crisis as being similar to the current steel crisis,
however, social care has one major differentiating
characteristic, namely the legal obligation of Local
Authorities to provide care to those who are not in
a position to fund it.
We anticipate a number of restructurings, and
potentially failures, of operators until a solution
is arrived at. As we saw with the Southern Cross
restructuring, given the nature of the underlying
businesses, PR and continuity of care will be key
considerations for all stakeholders as opposed to
a pure focus on maximising financial returns.”
Rob Harding, Healthcare  Life Sciences Lead,
Restructuring Services
Adult Social Care credentials
Project George Executive Care Project Twilight
Forecast Review
Options Analysis
Contingency Planning
£200m debt
Crisis Management Financial
Restructuring Disposal
£85m debt
IBR
Options Analysis
£500m debt
Southern Cross Health Group Project Bold Lifestyle Care
IBR Lender
Advisory Support
IBR
Refinancing
Joint Administrators
£200m debt
7
Notes
8Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
Notes
9
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and
independent entity. Please see www.deloitte.co.uk/about for a detailed description of the legal structure of DTTL and its member firms.
Deloitte LLP is the United Kingdom member firm of DTTL.
This publication has been written in general terms and therefore cannot be relied on to cover specific situations; application of the principles set out will depend upon the particular circumstances
involved and we recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Deloitte LLP would be pleased to advise readers on
how to apply the principles set out in this publication to their specific circumstances. Deloitte LLP accepts no duty of care or liability for any loss occasioned to any person acting or refraining from action
as a result of any material in this publication.
© 2016 Deloitte LLP. All rights reserved.
Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 2 New Street Square, London EC4A 3BZ, United Kingdom.
Tel: +44 (0) 20 7936 3000 Fax: +44 (0) 20 7583 1198.
Designed and produced by The Creative Studio at Deloitte, London. J6283

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Deloitte UK Restructuring Sector Outlook 2016 - Adult Social Care in Troubled Water

  • 1. Restructuring Services Sector Outlook Series Bringing industry challenges to the surface Adult Social Care – In Troubled Water May 2016
  • 2. Figure 1. Proportion of Britain's population aged 65 and 85 plus (%), 1901 – 2041 Source: ONS Population Trends & Population Projections 0% 5% 10% 15% 20% 25% 30% 204120312021201120011991198119711961194119211901 +65 +85 The number of people over 85 in the UK is expected to double between 2016 and 2040 to 3.4m1 The Adult Social Care sector in the UK is in difficulty. The sector is experiencing the perfect storm of an ageing UK population (Figure 1) which is increasing demand for services at the same time as it tries to respond to five years of real term funding cuts, significant wage inflation and increasing regulation. As we look ahead to the rest of 2016 and 2017, the impact of this ‘storm’ is far reaching and will place pressure on both operators and the Government, due to the legal obligation that Local Authorities (LAs) have to provide care to those who are not in a position to fund it themselves. In addition, responsibility for care, in a scenario where operators fail, falls back on LAs and as such there is significant pressure on the Government alongside other stakeholders to play a role in solving this crisis. 1 ONS Population Trends Population Projections 1
  • 3. Funding cuts 2Association of directors of adult social services in England (“ADASS”), Budget Survey 2015 3 Laing and Buisson Figure 2. Average weekly fees vs staff costs FY07 – FY15 0% 5% 10% 15% 20% 25% FY 11 – FY 15FY 7 – FY 10 AWF Staff costs Source: Knight Frank’s 2015 Care Homes Trading Performance Reviews Over the past five years, LA funding has fallen by £4.6 billion, representing a 31% reduction in real terms.2 The implications of the funding cuts are significant given that c.60% of residential care homes and c.70% of the home care market3 are LA funded. Looking at the movement in average weekly fees (AWF) compared to the movement in staff costs demonstrates the increasing pressure on operators since LA funding cuts began in 2011 (Figure 2). Operators have sought, where possible, to adapt to reduced LA funding through an increase in private funding. This is reflected in an increasing focus on private residents and availability of ‘top up’ options where individuals can choose to supplement LA funding. Increasing the proportion of privately funded residents to subsidise LA-funded residents has enabled operators to partially offset funding cuts. However the limitations of people’s ability to pay for their own care mean that there is a systemic shortage of funding which still needs to be resolved. Additionally, while currently on hold until 2020, The Care Act 2014 will introduce a cap on an individual’s contribution to the cost of their care which will further limit private contribution to costs. LAs have cut their funding in real terms by 31% over the past 5 years 2Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
  • 4. This could help stem the rise in wage costs but there is a risk that the attractiveness of agency salaries means that the role of agencies might not easily be diminished. It is also likely to take time to rebalance the workforce which doesn’t help address current pressures, including the additional impact that the National Living Wage will have on this sector. As a sector that employs a large number of low wage staff, the introduction of the NLW has had a large impact especially as pay differentials for all grades of staff are likely to be maintained. While the Chancellor in the Autumn Statement announced that LAs will be able to increase Council Tax by up to 2% to fund adult social care, it is yet to be seen how this will translate to a direct uplift in weekly fee agreements between LAs and operators – something which will likely differ by LA. This could raise up to £2bn by 2020. However leading think tanks Care England and Independent Age, believe this amount is insufficient to bridge the funding shortfall facing the social care sector which is estimated to be c.£6bn by 2020. Wage costs There are currently c.15,000 permanent nurse vacancies in the UK5 Agency staff costs have increased from 4.8% to 5.8% of total staff costs between 2014 and 20154 4Knight Frank’s 2015 Care Homes Trading Performance Reviews 5 Nurse and Midwifery Council (“NMC”) and Office of National Statistics Just over 60% of the income received by a care provider is spent on wages (higher for a nursing care home)4 . Wage costs have risen due primarily to a shortage of skilled care workers and nurses which has led to both higher permanent staff salaries and increased use of more expensive agency staff (on average, agency staff costs double that of permanent staff). The Government is seeking to mitigate the shortage of nurses by reducing immigration restrictions and is also considering flexing skill requirements so that fewer qualified nurses are needed or the requirements for qualifications are reduced. Since FY11, staff costs have increased by 22%4 3
  • 5. Increased regulation 1% English CQC inspections in 2014/15 9% 32%58% Source: CQC Outstanding Inadequate Requires Improvement Good Inspection and regulation is necessary to protect some of the most vulnerable members of society. In addition to the above challenges facing the adult social care sector, there has also been an increase in regulation in order to ensure care homes are stable and operating effectively. This increased regulation brings with it increased costs. Inspection and regulation is necessary to protect some of the most vulnerable members of society. As there is an increasing focus on the standard of care homes, it is likely that inspection criteria will drive higher in-house monitoring costs and potentially highlight the need for investment to address any areas of underperformance. The scale of this investment is material – 41% of the Care Quality Commission (CQC) inspections carried out during FY15 were either rated as “requires improvement” or “inadequate” (Figure 3).6 6 http://www.cqc.org.uk/content/care-homes 4Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
  • 6. CARE HOME OPERATORS • Engagement with stakeholders before performance trends downward. • Demonstrate to the LA and CQC a full commitment to the standards of care. • Consider size and shape of the portfolio and whether restructuring/selling assets could generate needed value. • Focus on ‘top-up’ markets where individuals are able to contribute to their own cost of care. • Limit increases in cost base by negotiating ‘pass through’ provisions (e.g. for wage increases) where possible. • Develop a collaborative approach with LAs/commissioning groups with the aim of reducing hospital admissions in exchange for higher AWFs and occupancy. LANDLORDS • Monitor standard of properties – reduced capex will likely impact fabric of the property. • Obtain key financial metrics and monitor non-financial KPIs in order to identify any potential operating issues as early as possible. • Ensure control can be taken to protect asset value during a restructuring. Landlords should consider taking security over the operator if possible and include ‘ownership clauses’ in operational leases. • Create a fully worked out contingency plan to cater for a scenario where if an operator fails, the landlord is ‘handed back’ their care home. Key considerations for stakeholders The adult social care sector faces a number of challenges. As options to address these are limited we believe there will likely be considerable restructuring activity in the coming years. While there is increasing pressure on the Government to make more funding available, no one is sure when this will happen, where the funding will come from and what will trigger action i.e. will it take another failure of a large care home operator as we saw with Southern Cross? In the absence of additional government or equity funding, operators will have to focus on self-help and look to improve operational efficiency however they can. Given the level of operational gearing across the care home sector, there are limited cost savings that a care home can safely implement while remaining compliant with standards. As such, operators will have to think about other means by which they can manage costs and cash, including collaboration with other providers and their key stakeholders. 5
  • 7. INVESTORS • Assess opportunity for new/existing entrants to develop a buy build strategy in this sector as more care home operators face financial difficulty. • Investigate ways to attract a higher proportion of private pay residents or offer specialist services which fall outside of LA’s strict pricing structures for residential and nursing care. • Carry out stakeholder analysis to establish relevant controls and leverage of various groups and engage early. • Drive operational improvements by replacing underperforming home managers or setting up local ‘clusters’ of homes which provide differing levels of care. LENDERS (OPCO/PROPCO) • Monitor care related KPIs (e.g. number of safeguarding incidents, pressure sores, skin tears, etc.) as they provide early warning signs for operational and liquidity problems. • Review security position – ensure you have security over properties and operating assets, together with control over key operating functions to enable continuity of care to be maintained in the event of insolvency. • Engage with the CQC and other stakeholders early if there are signs of difficulty as they can generate goodwill and provide support throughout the restructuring process. “Whilst there are clearly a number of negative headwinds facing the adult social care sector, there are still investors active in this market as they recognise the longer term opportunity and believe that a government led funding solution is inevitable, although the timing and structure of this solution is far from certain.” David Jones, Healthcare and Life Sciences Lead, Financial Advisory 6Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
  • 8. Contacts Rob Harding Healthcare Life Sciences Lead, Restructuring Services +44 20 7007 2514 robharding@deloitte.co.uk David Jones Healthcare Life Sciences Lead, Financial Advisory +44 20 7007 2259 davidljones@deloitte.co.uk Rob Fishman Healthcare Life Sciences Assistant Director, Restructuring Services +44 20 7007 7702 rfishman@deloitte.co.uk “The social care sector is already on its knees and the implementation of the National Living Wage has placed further strain on operators. Some commentators have compared this crisis as being similar to the current steel crisis, however, social care has one major differentiating characteristic, namely the legal obligation of Local Authorities to provide care to those who are not in a position to fund it. We anticipate a number of restructurings, and potentially failures, of operators until a solution is arrived at. As we saw with the Southern Cross restructuring, given the nature of the underlying businesses, PR and continuity of care will be key considerations for all stakeholders as opposed to a pure focus on maximising financial returns.” Rob Harding, Healthcare Life Sciences Lead, Restructuring Services Adult Social Care credentials Project George Executive Care Project Twilight Forecast Review Options Analysis Contingency Planning £200m debt Crisis Management Financial Restructuring Disposal £85m debt IBR Options Analysis £500m debt Southern Cross Health Group Project Bold Lifestyle Care IBR Lender Advisory Support IBR Refinancing Joint Administrators £200m debt 7
  • 9. Notes 8Restructuring Services Sector Outlook Series Bringing industry challenges to the surface
  • 11.
  • 12. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.co.uk/about for a detailed description of the legal structure of DTTL and its member firms. Deloitte LLP is the United Kingdom member firm of DTTL. This publication has been written in general terms and therefore cannot be relied on to cover specific situations; application of the principles set out will depend upon the particular circumstances involved and we recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Deloitte LLP would be pleased to advise readers on how to apply the principles set out in this publication to their specific circumstances. Deloitte LLP accepts no duty of care or liability for any loss occasioned to any person acting or refraining from action as a result of any material in this publication. © 2016 Deloitte LLP. All rights reserved. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 2 New Street Square, London EC4A 3BZ, United Kingdom. Tel: +44 (0) 20 7936 3000 Fax: +44 (0) 20 7583 1198. Designed and produced by The Creative Studio at Deloitte, London. J6283