Mental Health Concerns in the Care Sector
By Lauren Dennis, Trainee Solicitor at Birketts LLP (www.birketts.co.uk)
The care sector
The care sector provides essential support to individuals who need assistance. While carers dedicate their time to the well-being of others, the pressures of the job often leave their own mental health overlooked. The emotional toll of caregiving, combined with systemic challenges, has led to increasing concerns about mental health within the sector.
New research published by the International Longevity Centre UK (ILC) finds that serious mental health conditions are hampering people’s ability to live more fulfilling long lives. Health and Social Care workers are at high risk of experiencing anxiety, depression, and burnout due to the weight of their responsibilities. Burnout is a state of emotional, physical and mental exhaustion which can occur when experiencing long-term stress and pressure; it is a major concern in the sector.
When carers are physically and emotionally drained, both their health and the quality of care they provide can suffer. It can also lead to more serious consequences including suicidal thoughts, or increased risk of accidents caused by fatigue.
HSE guidance
The HSE has focused on preventing work-related stress and promoting mental well-being among employees. Their guidance can be found here: https://www.hse.gov.uk/stress/.
Employers have a legal responsibility to help their employees. As with other hazards at work, work-related mental health issues must be assessed to measure the levels of risk to staff. Once risks are identified, steps must be taken to minimise it as far as reasonably practicable.
The HSE links poor mental health and stress with an increase in both suicide and workplace accidents. Fatigue is particularly relevant to the care sector, arising from prolonged exertion, sleep deprivation, and disruption of circadian rhythms—factors commonly experienced by care workers due to long and irregular shifts. The HSE highlights that fatigue leads to slower reaction times, reduced attention, and impaired decision-making, all of which increase the risk of errors and injury.
Where such factors contribute to a death—whether through accident, misadventure, or suicide—there is a clear risk that a care provider or employing organisation may be called as an Interested Person (IP) to an inquest. This is particularly the case if organisational practices or working conditions are alleged to have contributed to the deceased’s state of fatigue or mental ill-health. The coroner may consider whether systemic issues such as staffing levels, shift patterns, or support mechanisms played a role, thus bringing the organisation’s actions and policies under scrutiny during the inquest.
Supporting your staff
The Thriving at Work Report sets out a framework of actions which employers of all sizes can, and should, put in place.
The full report can be found here: https://assets.publishing.service.gov.uk/media/5a82180e40f0b6230269acdb/thriving-at-work-stevenson-farmer-review.pdf.
Ways to support your staff:
• Implement a mental health at work plan which promotes good mental health and outlines the support available for employees.
• Increase awareness of mental health.
• Encourage open conversations.
• Provide good working conditions with a work life balance.
• Have management structures in place for employees to go to for support.
• Monitor employee mental health by talking to your employees and understanding risk factors.
How Birketts can assist
Our Regulatory and Corporate Defence Team have extensive experience representing employers during inquests and proceedings brought by the HSE. Our team can also assist with employer training and health and safety audits to ensure that the necessary steps are being taken to protect employee mental health and prevent future deaths.
