Registration Number: {{org_field_registration_no}}

Using Temporary Staffing Agencies Policy

1. Purpose

The purpose of this policy is to establish a structured and efficient approach for the engagement, management, and compliance of temporary staff hired through staffing agencies. This policy ensures that {{org_field_name}} maintains high-quality care standards, adheres to Care Quality Commission (CQC) regulations, and ensures that all temporary workers meet regulatory, safety, and competency requirements.

2. Scope

This policy applies to:

All temporary workers engaged through staffing agencies.
All departments and locations within the organisation that utilise agency staff.
Temporary staffing agencies, ensuring compliance with regulatory and contractual obligations.
Managers and supervisors responsible for onboarding and managing temporary staff.

It covers:

Selection and vetting of staffing agencies.
Recruitment, compliance, and onboarding of agency workers.
Roles and responsibilities of managers and agency staff.
Monitoring and performance assessment of temporary workers.
Financial and contractual considerations.
Legal and regulatory compliance.

This policy applies to all temporary and agency workers engaged to support or deliver any part of a regulated activity, whether providing direct care, medicines support, supervisory cover, or other care-related duties.

3. Legal and Regulatory Framework

This policy is to be read alongside, and implemented in accordance with, the following legislation, regulations and guidance applicable in England:

Health and Social Care Act 2008.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, in particular:
- Regulation 12: Safe care and treatment;
- Regulation 13: Safeguarding service users from abuse and improper treatment;
- Regulation 17: Good governance;
- Regulation 18: Staffing;
- Regulation 19: Fit and proper persons employed;
- Regulation 20: Duty of candour.
Care Quality Commission (Registration) Regulations 2009, including notification requirements for incidents and other relevant changes.
Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which sets out information required in respect of persons employed or appointed for the purposes of a regulated activity.
Employment Rights Act 1996.
Agency Workers Regulations 2010.
Equality Act 2010.
Safeguarding Vulnerable Groups Act 2006 and associated Disclosure and Barring Service requirements.
UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards, where relevant to the service user group.

{{org_field_name}} remains responsible for the safety, quality and oversight of care delivered to service users at all times, including where workers are supplied through a temporary staffing agency. The use of agency staff does not transfer the provider’s regulatory responsibilities to the agency.

4. Selection and Vetting of Staffing Agencies

{{org_field_name}} will only use staffing agencies that have been approved through the organisation’s procurement and due diligence processes. Before any agency is approved, the Registered Manager or delegated manager must be satisfied that the agency can evidence compliance with relevant legal, regulatory and safeguarding requirements.

Approved staffing agencies must, as a minimum:

be able to provide evidence of business legitimacy, appropriate insurance, and clear contractual terms;
confirm that all workers supplied for regulated activities have undergone recruitment checks consistent with Regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014;
provide confirmation of identity checks, right to work checks, employment history, references, DBS status where required, qualifications, registration status where applicable, and evidence of conduct in previous employment relevant to the role;
confirm that workers supplied are physically and mentally fit for the role, with any reasonable adjustments identified and managed appropriately;
provide evidence of completed mandatory training, role-specific competency assessment, and recent refresher training relevant to the tasks the worker will undertake;
confirm that workers understand safeguarding responsibilities, whistleblowing, confidentiality, infection prevention and control, moving and handling, medicines support where relevant, and lone working requirements where applicable;
notify {{org_field_name}} immediately of any concern that may affect a worker’s suitability, conduct, registration, criminal status, immigration status, training compliance, or fitness to work.

The organisation will not rely solely on generic agency assurances. Prior to placement, managers must obtain and review sufficient written evidence to satisfy themselves that the worker is suitable for the role and for the specific needs of the people they will support.

4.1 Provider Responsibility When Using Agency Staff

The engagement of a staffing agency does not remove or reduce {{org_field_name}}’s legal and regulatory responsibilities as the registered provider. The provider remains responsible for ensuring that:

staffing levels are safe and sufficient;
workers deployed are suitable for the role and for the people they support;
care is planned and delivered safely;
risks are assessed, monitored and mitigated;
records are complete and accurate;
incidents, complaints and safeguarding concerns are managed properly;
learning is identified and acted upon.

No agency worker may be deployed unless the provider is satisfied that doing so is safe, appropriate and in the best interests of the people using the service.

5. Recruitment, Compliance, and Onboarding of Agency Workers

5.1 Pre-placement assurance checks

Before an agency worker is booked or permitted to work, {{org_field_name}} must obtain and review confirmation of the worker’s identity, right to work, DBS status where required, references, training compliance, role suitability, and any professional registration relevant to the role. Where documentation is held by the agency, sufficient written assurance and access arrangements must be in place so that the organisation can evidence compliance to CQC when required.

5.2 Matching workers to service user needs

Managers must ensure that agency workers are matched appropriately to the needs of the people who use the service. This includes consideration of the worker’s experience, communication skills, moving and handling competence, medicines competence, ability to work alone, understanding of dementia, learning disability, autism or mental health needs where relevant, and any risks associated with the service user, environment or shift pattern.

5.3 Induction before first shift

All agency workers must complete a local induction before commencing duties. The induction must include, as relevant:

service user confidentiality and information governance;
safeguarding adults procedures and how to escalate concerns;
whistleblowing and duty of candour expectations;
emergency procedures, lone working arrangements and escalation routes;
infection prevention and control;
moving and handling arrangements;
medicines processes and limitations on practice;
accident, incident and near-miss reporting;
service user communication needs, risks, care plans and preferences relevant to the shift;
record keeping standards and the use of care records or electronic systems.

5.4 Restrictions on duties

Agency workers must only undertake tasks for which they have been assessed as trained, competent and authorised. They must not administer or assist with medicines, undertake specialist care tasks, work unsupervised with high-risk service users, or accept lone-working duties unless the manager is satisfied that they are competent and have been properly briefed.

5.5 Supervision on initial shifts

Where a worker is new to the service, to a package of care, or to a high-risk service user, appropriate oversight must be provided. This may include shadowing, spot checks, competency observations, direct supervision, or restrictions on duties until competence and suitability are confirmed.

5.6 Record keeping

{{org_field_name}} will keep a clear record of each agency worker used, including the agency name, dates and times worked, checks received, local induction completed, duties authorised, supervision arrangements, concerns raised, incidents, feedback, and decisions regarding future use. Records must be complete, accurate, secure and retained in accordance with legal and organisational requirements.

5.7 Medicines, Specialist Tasks and Delegated Responsibilities

Agency workers may only undertake medicines support or other specialist tasks where this is permitted by organisational policy and the manager is satisfied that the worker has current training, role-appropriate competence and sufficient understanding of the individual service user’s needs and care plan.

Specialist tasks may include, but are not limited to, medicines administration or prompting, controlled drug procedures, PEG care, catheter care, stoma care, diabetes support, moving and handling using specific equipment, and any delegated healthcare task.

Where competence cannot be evidenced or the worker is unfamiliar with the package of care, the task must not be allocated until suitable supervision, assessment or alternative staffing arrangements are in place.

6. Roles and Responsibilities

6.1 Registered Manager

The Registered Manager is accountable for ensuring that the use of agency staff is safe, justified, monitored and compliant with regulatory requirements. The Registered Manager will:

ensure this policy is implemented and reviewed;
approve agencies for use or ensure approval arrangements are in place;
ensure sufficient recruitment, competency and compliance assurance is obtained before agency workers are deployed;
ensure staffing decisions support safe, person-centred and continuous care;
ensure concerns about agency workers are acted on promptly, including removing workers from duty where necessary;
ensure incidents, safeguarding concerns, complaints, notifiable safety incidents and CQC notifications are managed in line with law and policy;
monitor patterns of agency use, recurring risks, missed visits, continuity issues, complaints and service-user feedback;
ensure lessons learned are acted on and shared.

6.2 Supervisors, Care Coordinators and On-call Managers

Supervisors, Care Coordinators and On-call Managers must:

only book agency workers who have been appropriately checked and matched to the shift or package of care;
provide a full handover, local induction and risk briefing;
make clear what duties the worker may and may not undertake;
monitor performance, punctuality, communication, record keeping and adherence to care plans;
escalate concerns immediately and take urgent action where safety is affected;
ensure continuity information is shared safely and appropriately.

6.3 Agency Workers

Agency workers must:

follow the provider’s policies, procedures, care plans, risk assessments and professional standards;
work within their competence at all times;
raise concerns, incidents, accidents, near misses, safeguarding issues and mistakes without delay;
complete records accurately and contemporaneously;
maintain confidentiality and handle personal data securely;
be open and honest where something has gone wrong and cooperate with investigations, learning and improvement.

6.4 Continuity of Care and Information Sharing

Wherever possible, {{org_field_name}} will minimise avoidable changes of worker and seek to promote continuity and consistency for people using the service. Where agency workers are used, managers must ensure that they receive sufficient, lawful and proportionate information to provide safe and person-centred care, including relevant care plans, risk information, communication needs, preferences, consent arrangements, and escalation procedures.

Information sharing must comply with confidentiality and data protection requirements and be limited to what is necessary for the safe delivery of care.

7. Monitoring and Performance Assessment of Temporary Workers

{{org_field_name}} will monitor the performance, safety and suitability of agency workers as part of its governance arrangements. Monitoring will include, where relevant:

feedback from service users, relatives, staff and professionals;
supervision notes, spot checks and direct observations of practice;
review of care records and daily notes completed by agency staff;
review of incidents, accidents, near misses, medicines errors, missed or late visits, complaints and safeguarding concerns;
checks on punctuality, reliability, communication and adherence to care plans;
review of whether the worker should continue to be offered shifts or whether the agency should be required to provide an alternative worker.

Where poor practice, unsafe practice or misconduct is identified, immediate action will be taken proportionate to risk. This may include restriction of duties, increased supervision, removal from duty, notification to the agency, safeguarding referral, professional referral, disciplinary action where relevant, contractual action with the agency, and regulatory notification where required.

Information arising from the use of agency staff will be incorporated into the organisation’s wider quality assurance, audit, incident review and service improvement processes.

7.1 Incident Reporting, Safeguarding, Duty of Candour and Notifications

All agency workers must report immediately any accident, incident, near miss, complaint, safeguarding concern, medication error, missed visit, late visit, deterioration in a service user’s condition, information governance breach, or event that may affect the safety or wellbeing of a service user.

Managers must ensure that reported concerns are reviewed promptly, appropriate immediate action is taken to keep people safe, and referrals or notifications are made without delay where required. This includes safeguarding referrals, duty of candour processes, contractual escalation to the agency, and notifications to CQC under the Care Quality Commission (Registration) Regulations 2009 where the criteria are met.

Where something has gone wrong in care or treatment and the duty of candour applies, the organisation will act in an open and transparent way with the service user and/or relevant person, provide an apology, explain what is known, keep a written record, and take action to learn from the incident.

8. Financial and Contractual Considerations

Contracts and service level agreements with staffing agencies must support safe, lawful and effective care and not solely cost efficiency. Agreements must clearly set out:

required recruitment and compliance standards;
documentation and evidence to be supplied before placement and on request;
role descriptions, competency expectations and training requirements;
confidentiality and information governance obligations;
safeguarding, whistleblowing and incident reporting requirements;
requirements to cooperate with audits, investigations, complaints and regulatory processes;
arrangements for the immediate withdrawal and replacement of unsuitable workers;
liability, indemnity and dispute resolution arrangements.

Cost considerations must never override the provider’s duties to deploy enough suitably qualified, competent, skilled and experienced staff to keep people safe.

9. Legal and Regulatory Compliance

{{org_field_name}} will maintain effective systems to ensure compliance with legal and regulatory requirements when temporary staffing agencies are used. This includes ensuring that:

care and treatment are delivered safely and in line with Regulation 12;
safeguarding concerns are identified and acted upon promptly in line with Regulation 13 and local safeguarding procedures;
governance, audit, oversight, learning and risk management arrangements meet Regulation 17;
enough suitably qualified, competent, skilled and experienced workers are deployed in line with Regulation 18;
recruitment assurance and worker suitability meet Regulation 19 and Schedule 3 requirements;
the duty of candour is applied where a notifiable safety incident occurs;
incidents and other events are notified to CQC where required under the Care Quality Commission (Registration) Regulations 2009;
records are accurate, complete, contemporaneous, secure and available for inspection.

The organisation remains accountable for all care delivered in the course of the regulated activity, including care delivered by temporary or agency workers.

10. Review and Policy Updates

This policy will be reviewed at least annually and sooner where required, including where:

legislation, regulations or CQC guidance change;
internal audits, incidents, complaints, safeguarding events or medicines errors identify weaknesses in the management of agency staff;
CQC inspections, assessments or enforcement activity identify areas for improvement;
contractual, workforce or service delivery changes materially affect how temporary staff are used.

Reviews must consider trends in agency use, continuity of care, missed visits, incidents, complaints, service-user feedback and any patterns of concern linked to temporary staffing arrangements.

11. Conclusion

{{org_field_name}} recognises that temporary agency staffing may sometimes be necessary to maintain continuity of service, but it must be used in a controlled, risk-aware and person-centred way. By applying this policy, the organisation will ensure that agency staffing arrangements support safe care, continuity, regulatory compliance, accountability and learning, while protecting the rights, dignity, welfare and preferences of people who use the service.

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.

DC156-Using Temporary Staffing Agencies Policy