{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

---

Use of Agency and Temporary Staff Policy

1. Purpose

The purpose of this policy is to set out {{org_field_name}}’s arrangements for the safe, lawful and appropriate use of agency, relief, bank and temporary staff in the delivery of Care at Home services in Scotland. The policy supports continuity of care, safe staffing, person-centred support, and compliance with the Health and Social Care Standards, the SSSC Codes of Practice 2024, the Health and Care (Staffing) (Scotland) Act 2019, the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, the Protection of Vulnerable Groups (Scotland) Act 2007 as amended, and all other relevant legal and regulatory requirements.

This policy aims to:

• Ensure that agency and temporary staff are used appropriately to maintain continuity of care.
• Establish clear procedures for recruitment, training, and supervision of agency workers.
• Minimise the impact of staff shortages while maintaining regulatory compliance.
• Outline expectations for agency staff conduct and performance.
• Ensure that people we support continue to receive safe, effective, and person-centred care.

2. Scope

This policy applies to:

• All agency, relief, bank and temporary workers supplied to, engaged by, or working on behalf of {{org_field_name}}, whether or not they are directly employed by {{org_field_name}}.
• Permanent employees and managers who oversee or work alongside agency staff.
• Recruitment agencies supplying temporary care workers.

This policy ensures that all agency and temporary workers meet the same standards as permanent staff and that they contribute positively to the well-being and dignity of the people we support.

3. Legal and Regulatory Framework

The use of agency, relief, bank and temporary staff within {{org_field_name}} must comply with the following legal, regulatory and best practice requirements:

• Health and Social Care Standards: My support, my life – The Standards set out what people should expect when using health, social care or social work services in Scotland. They are rights-based and focus on dignity, compassion, inclusion, responsive care and wellbeing.
• SSSC Codes of Practice for Social Service Workers and Employers 2024 – These apply from 1 May 2024 and replace earlier versions. They set out the standards of conduct and practice expected of social service workers and the responsibilities of employers to support safe, skilled and accountable practice. The Codes must be used during recruitment, induction, supervision, performance management, learning and development, and fitness to practise decision-making.
• Health and Care (Staffing) (Scotland) Act 2019 – {{org_field_name}} must ensure that, at all times, suitably qualified and competent staff are working in the care service and that the number of staff is appropriate to provide safe and high-quality care and support. Staffing decisions must take account of the nature of the service, the aims and objectives of the service, the number of people supported, and the needs, wishes, choices and outcomes of people using the service.
• Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 – {{org_field_name}} must make proper provision for the health, welfare and safety of people using the service, respect privacy and dignity, maintain appropriate procedures, and ensure personal plans are prepared, available, reviewed when required, and reviewed at least every six months.
• Public Services Reform (Scotland) Act 2010 and Regulation of Care (Scotland) Act 2001 – These provide the regulatory framework for registered care services and workforce regulation in Scotland.
• Protection of Vulnerable Groups (Scotland) Act 2007, as amended by the Disclosure (Scotland) Act 2020 – From 1 April 2025, any person carrying out a regulated role with children, protected adults, or both must be a member of the PVG Scheme before carrying out that role. {{org_field_name}} must not permit an agency or temporary worker to start regulated duties until appropriate PVG Scheme membership has been confirmed.
• Adult Support and Protection (Scotland) Act 2007 – Agency and temporary staff must understand their responsibility to recognise and report concerns about adults at risk of harm in line with local adult protection procedures.
• Adults with Incapacity (Scotland) Act 2000 – Where a person has reduced or impaired capacity, staff must work within lawful decision-making arrangements and respect the principles of benefit, least restriction, taking account of the person’s wishes, and consultation with relevant legal proxies where appropriate.
• Equality Act 2010 – {{org_field_name}} and any supplying agency must promote equality, prevent discrimination, harassment and victimisation, and make reasonable adjustments where required.
• UK GDPR and Data Protection Act 2018 – Agency and temporary staff must protect personal information, access only information required for their role, and comply with confidentiality and data protection procedures.
• Health and Safety at Work etc. Act 1974 and associated regulations – {{org_field_name}} must ensure safe systems of work, including infection prevention and control, moving and handling, lone working, violence and aggression, fire safety and risk management.
• Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 and Duty of Candour Procedure (Scotland) Regulations 2018 – Where an unintended or unexpected incident results in death, harm, or additional treatment to prevent harm, the organisational duty of candour procedure must be followed.
• Employment Rights Act 1996, Working Time Regulations 1998, Agency Workers Regulations 2010, Employment Agencies Act 1973 and Conduct of Employment Agencies and Employment Businesses Regulations 2003 – These apply where relevant to employment status, agency supply arrangements, working time, fair treatment, contractual arrangements and responsibilities between {{org_field_name}}, the worker and the supplying agency.

4. Recruitment and Selection of Agency Staff

4.1 Partnering with Approved Agencies

Before using an agency, {{org_field_name}} will confirm that the agency:

• carries out safer recruitment checks that are appropriate to the role, including identity checks, employment history, references, right to work checks, qualifications, training, professional registration and PVG Scheme membership;
• confirms that workers carrying out regulated roles are PVG Scheme members before they start work with people supported by the service;
• verifies SSSC registration where the role requires registration, including agency and relief workers;
• confirms that workers who are not yet required to be registered have applied within the required timescale where applicable and are working towards any required qualification or registration condition;
• provides evidence of mandatory training, role-specific training and competency assessment relevant to Care at Home services;
• confirms that staff have been informed of, and agree to work within, the SSSC Codes of Practice 2024, the Health and Social Care Standards and {{org_field_name}}’s policies and procedures;
• has procedures for managing concerns, complaints, conduct, capability, adult protection concerns and fitness to practise issues;
• agrees to share relevant information promptly with {{org_field_name}}, the Care Inspectorate, SSSC, Disclosure Scotland, local authority adult protection services or other relevant authorities where required;
• has appropriate insurance, contractual arrangements, business continuity procedures and out-of-hours contact arrangements.

4.2 Pre-Assignment Checks

Before an agency, relief, bank or temporary worker is accepted for a shift, {{org_field_name}} will obtain and record written confirmation, directly from the supplying agency or from the worker where appropriate, that:

• the worker’s identity has been verified using acceptable identification documents;
• the worker has the right to work in the UK;
• the worker is a PVG Scheme member for the relevant regulated role before undertaking regulated duties with protected adults and/or children;
• the worker is not barred from regulated roles with protected adults and/or children, as applicable;
• SSSC registration has been checked where the role requires registration, including any conditions on registration;
• where the worker is within the permitted registration application period, evidence is held that they have applied or are progressing registration within the required timescale;
• relevant qualifications, experience and competency are suitable for the duties to be undertaken;
• at least two satisfactory references, including the most recent relevant care employer where possible, have been obtained by the agency;
• employment history and any gaps in employment have been explored by the agency;
• mandatory training is complete and current, including adult support and protection, medication where relevant, moving and handling, infection prevention and control, health and safety, fire safety, food hygiene where relevant, confidentiality and data protection, equality and diversity, and lone working;
• the worker has received information about the person they will support, including the personal plan, risk assessments, communication needs, medication support arrangements where relevant, and any known environmental or lone working risks;
• the worker is fit to undertake the role and has declared any matter that may affect safe practice, including restrictions, investigations, conflicts of interest or health issues relevant to the role;
• the worker has been told how to escalate concerns, incidents, missed or late visits, adult protection concerns, medication errors, accidents, complaints and any inability to complete planned care safely.

Agency or temporary staff must not work unsupervised until {{org_field_name}} is satisfied that all required checks, induction and role-specific information have been completed and recorded.

4.3 Agency Worker File and Audit Trail

{{org_field_name}} will maintain an agency worker file or electronic record for each agency, relief, bank or temporary worker used by the service. This record will include, as a minimum:

• worker name, agency name and contact details;
• role undertaken and dates/shifts worked;
• confirmation of identity, right to work, PVG Scheme membership and SSSC registration status where applicable;
• evidence of training, competency and role suitability;
• confirmation of local induction completed;
• any restrictions on duties, for example medication, moving and handling, financial transactions or lone working;
• feedback, supervision notes, competency observations, incidents, complaints, compliments or concerns;
• action taken in response to any concern, including whether the worker may be used again.

Records will be stored securely and processed in line with UK GDPR, the Data Protection Act 2018 and {{org_field_name}}’s Records Management and Data Protection policies.

5. Induction and Orientation for Agency Staff

All agency, relief, bank and temporary staff must complete a proportionate local induction before starting work and before working unsupervised. The induction must be recorded. The level of induction will reflect the worker’s role, experience, familiarity with the service, the needs of the person being supported, the level of risk, and whether the worker is new to {{org_field_name}} or returning.

This includes:

• Introduction to {{org_field_name}}’s policies, procedures, and values.
• Training on Health and Social Care Standards and person-centred care.
• Health and Safety briefing, including fire safety, infection control, and emergency procedures.
• Confidentiality and GDPR training to protect service user information.
• Manual handling and medication procedures (if applicable).
• Safeguarding and Adult Protection protocols to prevent harm or abuse.
• Shadowing a permanent staff member before working independently.

• The person’s personal plan, outcomes, wishes, communication needs, risk assessments and agreed support arrangements.
• Local adult support and protection reporting routes, including who to contact during and outside office hours.
• How to report late visits, missed visits, inability to complete care, medication errors, accidents, incidents, near misses, complaints and concerns.
• Lone working arrangements, including environmental risks, mobile phone use, check-in arrangements and escalation procedures.
• Duty of candour awareness and the requirement to be open and honest when practice has caused or may have caused harm or loss.
• The worker’s obligation to tell {{org_field_name}} immediately if they feel unable, unprepared or not competent to carry out any part of the planned care or support.
• Restrictions on tasks that agency staff must not carry out unless they have been assessed as competent and authorised by {{org_field_name}}, including medication support, moving and handling, financial transactions, delegated healthcare tasks and use of specialist equipment.

6. Expectations and Responsibilities of Agency Staff

Agency, relief, bank and temporary workers are expected to:

• work in accordance with the Health and Social Care Standards, the SSSC Codes of Practice 2024, this policy, and all relevant {{org_field_name}} policies and procedures;
• treat each person with dignity, respect, kindness and compassion;
• follow the person’s personal plan, risk assessments, medication arrangements and agreed outcomes;
• promote the person’s rights, choices, independence, privacy and communication preferences;
• maintain professional boundaries and avoid conflicts of interest;
• keep clear, accurate, factual and timely records of care and support provided;
• report immediately any concern about harm, abuse, neglect, exploitation, discrimination, poor practice, unsafe staffing, missed or late visits, medication errors, accidents, incidents, complaints or changes in a person’s health, welfare or safety;
• tell the supervisor immediately if they are not competent, trained, authorised or confident to carry out a task;
• protect confidential and personal information and only access information required for their role;
• wear identification and follow dress code and infection prevention and control requirements;
• cooperate with supervision, competency checks, investigations, audits and requests for information from {{org_field_name}}, the supplying agency, SSSC, Care Inspectorate or other relevant authorities;
• inform {{org_field_name}} immediately of any matter that may affect their suitability or fitness to practise, including PVG, criminal, disciplinary, regulatory, health, conduct or capability concerns.

Failure to meet these standards may result in immediate removal from duty, refusal of further shifts, notification to the supplying agency, and referral to the Care Inspectorate, SSSC, Disclosure Scotland, adult protection services, Police Scotland or another relevant authority where required.

7. Supervision and Performance Monitoring

To ensure safe, high-quality and consistent care, {{org_field_name}} will monitor the performance and conduct of agency, relief, bank and temporary staff through:

• Initial oversight: New or unfamiliar workers will be supervised, shadowed or checked during their first shift or first period of work where this is required by the person’s needs, the worker’s experience, the complexity of support, or identified risk.
• Competency checks: Workers must not carry out medication support, moving and handling, delegated healthcare tasks, financial transactions, use of specialist equipment, or other higher-risk tasks unless they are trained, competent and authorised to do so.
• Feedback from people supported: People supported, and where appropriate families, representatives or carers, will be encouraged to give feedback about agency and temporary staff. Feedback will be used to improve continuity, safety and quality.
• Staff feedback: Permanent staff, supervisors and coordinators will provide feedback on communication, punctuality, record keeping, competence, conduct and whether the worker followed the personal plan.
• Incident and complaint monitoring: Any concern, complaint, accident, incident, near miss, medication error, missed visit, late visit or safeguarding concern involving agency or temporary staff will be recorded, reviewed and escalated in line with relevant policies.
• Agency review: {{org_field_name}} will share relevant concerns with the supplying agency and require timely action. Where concerns relate to fitness to practise, harm, unsafe practice or suitability to work with protected adults or children, {{org_field_name}} will consider referral to the relevant authority.
• Use-again decision: {{org_field_name}} will record whether the worker is suitable to be used again, suitable only with restrictions, or not suitable for further shifts.

7.1 Appropriate Staffing and Use of Agency Staff

Agency, relief, bank and temporary staff will only be used where this supports safe, high-quality care and continuity of support. {{org_field_name}} will not use agency staff as a substitute for effective workforce planning.

When deciding whether agency or temporary staff are required, the manager or delegated senior person will consider:

• the number of people receiving support;
• the assessed needs, wishes, outcomes and risks of people supported;
• travel time, visit duration, location and continuity requirements;
• staff skills, qualifications, registration, competence and experience;
• medication, moving and handling, communication, behavioural, adult protection, healthcare or end-of-life support needs;
• whether the worker is familiar with the person and the service;
• the views of people supported, families, representatives, carers and staff where relevant;
• staff wellbeing, fatigue, working time and lone working risks;
• whether any planned care would be unsafe, rushed, missed or delayed without additional staffing.

Where safe staffing cannot be achieved, the matter must be escalated immediately to the registered manager or on-call manager. The service will take action to reduce risk, which may include redeploying staff, using suitably checked agency staff, informing commissioners, contacting families or representatives where appropriate, and notifying relevant authorities where required.

8. Managing Staff Shortages Efficiently

When managing staff shortages, {{org_field_name}} will:

• assess the immediate impact on people supported, including risk of missed, late, shortened or unsafe visits;
• prioritise continuity of care by using staff who know the person wherever possible;
• offer additional shifts to suitably trained and competent permanent, relief or bank staff before using unfamiliar agency staff, where this is safe and lawful;
• ensure working time, rest breaks, fatigue and staff wellbeing are considered before allocating additional shifts;
• use agency workers only where required checks, induction and competency arrangements are complete;
• provide agency workers with up-to-date personal plans, risk assessments, visit schedules, emergency contacts and escalation routes;
• ensure handovers are clear, current and person-specific;
• inform people supported and, where appropriate, their representatives of changes to the timing of visits or the staff member attending;
• record the reason for agency use, the worker used, checks completed, induction completed and any issues arising;
• review repeated or high levels of agency use as part of workforce planning, quality assurance and service improvement.

9. Financial and Contractual Considerations

To ensure cost-effectiveness and financial sustainability, {{org_field_name}} will:

• Monitor agency usage to avoid over-reliance.
• Negotiate fair rates with agency providers while ensuring quality staff.
• Review agency agreements regularly to ensure compliance with service needs.
• Assess the feasibility of transitioning temporary workers into permanent roles when appropriate.

Any contractual arrangement with an agency must clearly state the agency’s responsibilities for safer recruitment, PVG Scheme membership, SSSC registration checks, qualifications, training, competency, employment checks, insurance, information sharing, conduct and capability management, complaints, adult protection concerns, duty of candour cooperation, data protection, confidentiality and removal or replacement of unsuitable workers.

10. Transitioning Agency Staff to Permanent Roles

Where an agency worker is considered for a permanent role, {{org_field_name}} will follow its full safer recruitment procedure. Previous agency work with {{org_field_name}} does not remove the need for:

• a formal application and interview;
• identity and right to work checks;
• PVG Scheme membership confirmation for the regulated role before regulated duties are undertaken;
• SSSC registration checks, or application within the required timescale where applicable;
• references and employment history checks, including exploration of employment gaps;
• qualification and training verification;
• assessment of values, conduct, competence and suitability;
• induction, probation, supervision and learning and development planning;
• confirmation that the worker understands and will comply with all {{org_field_name}} policies, the Health and Social Care Standards and the SSSC Codes of Practice 2024.

11. Managing Complaints and Poor Performance

If concerns arise about an agency, relief, bank or temporary worker’s conduct, competence, practice or suitability, {{org_field_name}} will act promptly to protect people supported and maintain safe care. Action may include:

• immediate supervision, restriction or removal from duty where there is a risk to people supported, staff or others;
• ensuring people affected are safe and receive any necessary support, healthcare or advocacy;
• recording the concern, incident, complaint or allegation clearly and factually;
• informing the supplying agency and requiring an appropriate response;
• investigating or cooperating with investigation in line with {{org_field_name}} policies;
• obtaining the views of the person supported and, where appropriate, their representative, family or carer;
• considering whether the matter is an adult support and protection concern;
• considering whether the organisational duty of candour procedure applies;
• considering whether notification to the Care Inspectorate is required;
• considering whether referral to the SSSC is required where the worker is registered or should be registered and fitness to practise may be impaired;
• considering whether referral to Disclosure Scotland is required where suitability for regulated roles may be affected;
• considering whether Police Scotland, the local authority, commissioners or other relevant bodies must be informed;
• deciding whether the worker may be used again, used only with restrictions, or not used again.

{{org_field_name}} will not continue to use an agency or temporary worker where there is unresolved concern that they may be unsuitable, unsafe, not competent, not appropriately registered, not appropriately PVG checked, or unable to meet the SSSC Codes of Practice.

11.1 Notifications and Referrals

The registered manager or delegated senior person will consider whether any incident, allegation, complaint, staffing failure, adult protection concern, medication error, missed visit, injury, death, police involvement, serious concern about conduct, or matter affecting safe care must be notified or referred to:

• the Care Inspectorate;
• SSSC;
• Disclosure Scotland;
• the local authority adult support and protection team;
• Police Scotland;
• the commissioning authority or Health and Social Care Partnership;
• the person’s representative, guardian, attorney, advocate or family, where appropriate and lawful;
• any other relevant professional or regulatory body.

The reason for making or not making a notification or referral must be recorded.

12. Related Policies

This policy should be read alongside:

• Staff Training and Development Policy
• Safeguarding and Protection Policy
• Supervision and Appraisal Policy
• Whistleblowing Policy
• Health and Safety Policy
• Safer Recruitment Policy
• Adult Support and Protection Policy
• Staffing and Workforce Planning Policy
• Medication Management Policy
• Moving and Handling Policy
• Lone Working Policy
• Data Protection and Confidentiality Policy
• Records Management Policy
• Duty of Candour Policy
• Incident and Accident Reporting Policy
• Complaints Policy
• Business Continuity and Emergency Planning Policy
• Fitness to Practise / SSSC Referral Policy
• Equality, Diversity and Human Rights Policy

13. Policy Review

This policy will be reviewed at least annually, or sooner where there are changes to Scottish legislation, Care Inspectorate guidance, SSSC requirements, Disclosure Scotland/PVG requirements, commissioning requirements, organisational learning, inspection findings, incidents, complaints or best practice.

---

Responsible Person: {{org_field_registered_manager_first_name}}{{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.