{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Personal Care and Dignity Policy

1. Purpose

The purpose of this policy is to establish clear, consistent and legally compliant guidance for agency workers supplied by {{org_field_name}} when they are assigned to client organisations where personal care may be carried out. {{org_field_name}} does not itself provide regulated care or personal care services to service users. Agency workers must only support or carry out personal care duties where these are within the assignment agreed with the client organisation, within their competence, and under the client organisation’s care plans, risk assessments, supervision, policies and procedures.

Personal care is a fundamental aspect of supporting individuals who require assistance with daily living due to age, disability, illness, or frailty. Where agency workers are required by a client organisation to assist with personal care during an assignment, they must do so in a manner that promotes dignity, respect, privacy, autonomy, person-centred practice and the rights of the person receiving care. This policy is informed by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including the CQC Fundamental Standards where relevant to client organisations, the Care Act 2014, the Mental Capacity Act 2005, the Equality Act 2010, the UK GDPR and Data Protection Act 2018, the Health and Safety at Work etc. Act 1974, the Safeguarding Vulnerable Groups Act 2006, the Police Act 1997, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, the Agency Workers Regulations 2010, the Working Time Regulations 1998, and the National Minimum Wage Act 1998 and National Minimum Wage Regulations 2015.

It reflects the codes of professional conduct including the NMC Code and the Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England. Personal care must be provided with compassion, sensitivity, and in full consultation with service users and their representatives, in line with the values of dignity, choice, independence, and privacy.

2. Scope

This policy applies to:

• All registered nurses, healthcare assistants (HCAs), senior carers, and temporary workers employed or engaged by {{org_field_name}}
• All agency workers supplied to client organisations where their assignment may involve assisting with or carrying out personal care under the direction and control of the client organisation.
• The Director, supervisors, and support staff responsible for oversight and governance
  Personal care refers to any activity involving direct contact with a service user where assistance is provided with tasks relating to the body and personal hygiene, nutrition, dressing, continence, comfort, and mobility.

2.1 Regulatory scope and CQC registration position

{{org_field_name}} does not provide personal care as a regulated activity and does not require CQC registration where it acts only as an employment agency or employment business supplying workers to a client organisation that is responsible for directly providing, managing and supervising care.

{{org_field_name}} must not:

• assess service users’ care needs;
• create, amend or approve care plans;
• direct how personal care is to be delivered to an individual service user;
• manage rotas on behalf of people receiving care;
• monitor personal care in a way that directs changes to the care provided;
• provide ongoing supervision or instruction about the content of care to be delivered to a service user;
• hold itself out as a provider of regulated personal care.

If {{org_field_name}} intends to take on any ongoing direction, control, management or monitoring of personal care delivery, the Director must obtain legal/regulatory advice before doing so and must consider whether CQC registration is required.

3. Related Policies

• Safeguarding Adults and Children Policy
• Communication and Record-Keeping Policy
• Incident and Accident Reporting Policy
• Infection Prevention and Control Policy
• Equality, Diversity and Inclusion Policy
• Complaints Policy
• Whistleblowing Policy
• Code of Conduct
• Professional Boundaries and Relationships Policy

• Recruitment, Selection and Vetting Policy
• Right to Work Policy
• DBS and Barring Checks Policy
• Agency Worker Assignment and Conduct Regulations Policy
• Agency Workers Regulations Policy
• Data Protection, Confidentiality and Records Retention Policy
• Health and Safety Policy
• Lone Working Policy, where applicable
• Moving and Handling Policy
• Mental Capacity and Consent Policy
• Medication Policy, where workers may be assigned to medication-related duties under client procedures

4. Policy Statement

{{org_field_name}} is committed to ensuring that agency workers supplied to client organisations act in a safe, respectful, competent and person-centred way whenever their assignment involves assisting with personal care under the client organisation’s direction and control.

Our staff will:

• Promote independence and maximise service user control
• Deliver care in a way that respects privacy and personal space
• Communicate effectively and compassionately throughout care delivery
• Work collaboratively with service users, their families, and client organisations
• Comply with applicable legislation, professional codes of conduct, this policy, the worker’s assignment terms, and the client organisation’s policies, care plans, risk assessments and lawful instructions.

• Never accept or carry out duties that fall outside their competence, training, role description or agreed assignment.
• Escalate immediately to the client organisation and {{org_field_name}} where a care plan, instruction or working environment appears unsafe, discriminatory, undignified, unclear or inconsistent with the person’s rights.
• Understand that the client organisation remains responsible for the regulated care service, care planning, clinical governance, risk assessment and direct supervision of care delivery.

5. Responsibilities

Director

The Director has full responsibility for the implementation, monitoring, and review of this policy.

The Director will:

• Ensure that all agency staff are aware of and trained in this policy
• Oversee recruitment, vetting, competency checks, training records, assignment suitability, feedback, incident escalation and compliance monitoring relating to agency workers supplied to client organisations.
• Respond to and investigate any concerns or complaints about personal care delivery
• Review complaints, incidents, client feedback and worker concerns relating to personal care and dignity, and use learning to improve recruitment, training, assignment matching, escalation processes and worker support.
• Promote a culture of dignity, compassion, and person-centred care across all aspects of service delivery

• Ensure that agency workers are supplied only to assignments for which they appear suitable, competent and appropriately vetted.
• Obtain sufficient information from client organisations about the assignment, role, duties, required skills, risks, location, hours, pay, supervision arrangements and any health and safety requirements before supplying a worker.
• Provide agency workers with required assignment information before the assignment starts, in line with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
• Ensure right to work checks are completed before work starts and retained in accordance with current Home Office guidance.
• Ensure DBS checks, barred list checks and professional registration checks are undertaken where required for the role.
• Ensure agency workers understand that they must follow the client organisation’s care plans and must not independently change care arrangements.

Agency Staff

All agency staff are responsible for:

• Assisting with or carrying out personal care only where this forms part of the agreed assignment, is within their competence and training, and is carried out in accordance with the client organisation’s care plans, risk assessments, policies, procedures and lawful instructions.
• Reporting concerns about the welfare or dignity of service users immediately
• Participating in supervision, appraisal, and training to maintain high standards of practice
• Reflecting on their care practices and actively seeking to improve
• Acting as advocates for service users by promoting their rights and wellbeing

• Check the relevant care plan and risk assessment before assisting with personal care.
• Ask the client organisation for guidance before proceeding where instructions are unclear, unsafe or outside the worker’s competence.
• Report immediately to the client organisation and {{org_field_name}} any concern about abuse, neglect, unsafe care, poor infection control, lack of equipment, poor moving and handling practice, discrimination, harassment, or loss of dignity.
• Maintain confidentiality and only access, use or share service user information where necessary for the assignment and permitted by the client organisation’s procedures.
• Keep professional boundaries and avoid accepting gifts, money, personal contact details or private work from service users or their relatives unless expressly permitted by the client organisation’s policy.

6. Principles of Personal Care

Dignity and Respect

Agency staff must ensure that every interaction preserves the dignity of the service user. Staff must:

• Address service users respectfully, using their preferred name or title
• Explain all care actions clearly before commencing
• Allow service users to express preferences regarding who provides their personal care and how
• Provide privacy during all personal care activities, such as using curtains, screens, or closed doors
• Promote autonomy by offering choices and encouraging participation
• Never expose service users unnecessarily during dressing, toileting, or washing
• Respect protected characteristics under the Equality Act 2010, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation, and make reasonable adjustments where required by the client organisation’s care plan or instructions.

Consent

All personal care must be provided with the service user’s consent. Staff must:

• Obtain valid consent before carrying out personal care tasks
• Respect the right to refuse care and record refusals appropriately
• Follow the Mental Capacity Act 2005 and the client organisation’s Mental Capacity and Consent procedures where a service user may lack capacity. Agency workers must not make independent best-interests decisions unless this is within their role and authorised by the client organisation. Concerns about capacity, refusal of care, restraint, restriction or deprivation of liberty must be escalated immediately to the client organisation.
• Do not proceed with personal care where valid consent is absent, withdrawn or unclear, unless the client organisation confirms the lawful basis for urgent action and the worker is competent and authorised to proceed.

Individual Needs and Preferences

Personal care must be tailored to meet the individual needs, beliefs, and preferences of service users. Staff must:

• Consider religious, cultural, gender, or personal preferences
• Adapt care routines to respect established habits and choices
• Communicate with families and advocates where appropriate, in consultation with the client organisation
• Avoid imposing personal values on service users

Communication

Effective communication is essential during personal care. Staff must:

• Use language appropriate to the service user’s level of understanding
• Be patient and give time for responses
• Use non-verbal communication appropriately for service users with communication difficulties
• Avoid patronising, dismissive, or disrespectful language
• Report communication difficulties to the client organisation

Privacy

Staff must protect the privacy of service users by:

• Closing doors, curtains, and screens during personal care
• Ensuring conversations about personal care are held discreetly
• Respecting confidential information in line with the UK GDPR, the Data Protection Act 2018, the client organisation’s confidentiality procedures and {{org_field_name}}’s Data Protection, Confidentiality and Records Retention Policy.
• Maintaining modesty and covering service users appropriately during intimate care

7. Personal Care Activities

Where the client organisation requires personal care support as part of an agreed assignment, personal care tasks may include, subject to the worker’s role, competence, training, care plan and client instructions:

• Assistance with bathing, washing, oral care, and grooming
• Dressing and undressing
• Continence support, including toileting and management of continence aids
• Assistance with eating and drinking
• Support with mobility and positioning
• Assistance with pressure area prevention or care only where this is included in the care plan, the worker has been trained and assessed as competent, and the client organisation’s procedures are followed.
• Assistance with personal hygiene following episodes of incontinence

• Assistance with eating and drinking only in accordance with the person’s care plan, dietary requirements, choking risk assessment and any speech and language therapy guidance.
• Moving and handling only where the worker has received appropriate training, the correct equipment is available, and the client organisation’s moving and handling plan is followed.
• Medication-related support only where this is part of the agreed assignment, permitted by the client organisation, covered by the client’s medication policy, and within the worker’s training and competence.

Agency workers must always follow the client organisation’s care plans, risk assessments, moving and handling plans, infection prevention procedures, safeguarding procedures and lawful instructions. Agency workers must not create, amend or override care plans or risk assessments.

7.1 Assignment Suitability and Agency Compliance

Before supplying an agency worker to an assignment involving personal care, {{org_field_name}} will take reasonable steps to ensure that:

• sufficient information has been obtained from the client organisation about the role, duties, location, hours, supervision, required qualifications, experience, training, risks and any legal or professional requirements;
• the agency worker has been given relevant assignment information before the assignment starts;
• the worker appears suitable for the role based on skills, experience, training, right to work, DBS status where applicable, professional registration where applicable, and any client-specific requirements;
• the worker understands that the client organisation is responsible for care planning, risk assessment, supervision and regulated care delivery;
• the worker knows how to escalate concerns to the client organisation and to {{org_field_name}}.

{{org_field_name}} will not knowingly supply a worker to carry out duties for which they are unsuitable, untrained, not properly vetted, or not legally permitted to undertake.

8. Infection Prevention and Control

Personal care activities carry a risk of infection transmission. All staff must:

• Follow the client organisation’s Infection Prevention and Control Policy and any additional {{org_field_name}} infection prevention requirements.
• Follow current client instructions on hand hygiene, PPE, isolation precautions, waste disposal, laundry, sharps safety where relevant, and outbreak management.
• Wash or sanitise hands before and after personal care, after removing PPE, after contact with bodily fluids, and whenever contamination is suspected.
• Use PPE correctly and only where required by the task, risk assessment or client policy.
• Report immediately to the client organisation any lack of PPE, unsafe waste arrangements, suspected outbreak, exposure incident, needlestick injury or infection control concern.
• Not attend work where they are unfit for duty or where symptoms may present an infection risk, and must follow the client organisation’s sickness reporting requirements and {{org_field_name}}’s absence reporting process.

9. Managing Personal Boundaries

Agency staff must always:

• Maintain professional boundaries
• Avoid becoming over-familiar or entering into personal relationships with service users
• Follow the Professional Boundaries and Relationships Policy
• Report any concerns regarding boundary issues immediately

• Do not provide care privately to a service user or their family outside the agency assignment unless this has been declared to {{org_field_name}} and is permitted by contract, client policy and applicable law.
• Do not accept cash, loans, gifts of significant value, bank cards, PINs, passwords, keys or access codes unless this is expressly authorised by the client organisation’s care plan and procedures.
• Do not share personal telephone numbers, social media accounts or private contact details with service users or their relatives unless expressly authorised by the client organisation.

10. Incident Reporting and Escalation

Any concern relating to personal care, dignity, safety, safeguarding, consent, discrimination, infection prevention, medication, moving and handling, data protection or professional conduct must be reported promptly.

Agency workers must:

• report urgent risks immediately to the person in charge at the client organisation;
• follow the client organisation’s incident, accident, safeguarding and whistleblowing procedures;
• notify {{org_field_name}} as soon as practicable, and immediately where the concern involves worker conduct, fitness to practise, unsafe assignment conditions, suspected abuse, serious injury, police involvement, media interest or regulatory notification;
• record factual information only, in accordance with the client organisation’s record-keeping procedures;
• preserve confidentiality and not discuss incidents with unauthorised persons.

{{org_field_name}} will review incident information relevant to the agency worker, cooperate with the client organisation’s investigation where appropriate, take action where worker conduct or competence is in question, and use learning to improve recruitment, training, assignment matching and worker support.

10.1 Safeguarding and Regulated Activity

Personal care with adults may fall within regulated activity for DBS and barred list purposes. This includes physically assisting an adult with eating, drinking, toileting, washing or bathing, dressing, oral care, or care of skin, hair or nails where the adult cannot do this themselves because of age, illness or disability. It may also include prompting and supervising these activities where the adult cannot decide to do them for themselves.

{{org_field_name}} will ensure that appropriate DBS checks and barred list checks are considered and completed where legally eligible and required for the assignment. Agency workers must not start regulated activity until required checks and client clearance requirements have been satisfied.

Agency workers must immediately report any safeguarding concern, allegation, disclosure, unexplained injury, neglect, abuse, improper treatment, discriminatory treatment, restraint concern, financial abuse concern or dignity concern to the client organisation and to {{org_field_name}}.

10.2 Right to Work

{{org_field_name}} will complete a compliant right to work check before any agency worker starts work. Checks will be carried out in accordance with current Home Office guidance, using the appropriate manual, online or identity service provider route. Evidence of the check will be retained securely for the required period.

Agency workers must provide accurate right to work information and must immediately notify {{org_field_name}} of any change affecting their permission to work in the United Kingdom.

11. Supporting Agency Workers

The Director will ensure that agency workers:

• receive induction information relevant to dignity, safeguarding, equality, confidentiality, infection prevention, reporting concerns, professional boundaries and working under client direction;
• are informed that they must follow the client organisation’s care plans, risk assessments, policies and procedures;
• have access to {{org_field_name}} for advice, escalation and support during assignments;
• are supported after incidents, complaints, safeguarding concerns or distressing events, where appropriate;
• receive feedback and learning from complaints, incidents, audits, client feedback or investigations where this is relevant to their role or future assignments.

{{org_field_name}} will not use supervision or support arrangements to direct the personal care provided to individual service users. Any care-specific supervision, care planning or clinical direction must come from the client organisation.

12. Working with Client Organisations

Client organisations are responsible for the regulated care service, including assessment, care planning, risk assessment, direct supervision, clinical governance, equipment, medicines management, safeguarding referrals, regulatory notifications and service user records.

Agency workers must:

• comply with client-specific care plans, policies, procedures and risk assessments;
• report any change, concern, refusal of care, incident or risk promptly to the client organisation;
• seek guidance from the client organisation where expectations are unclear;
• not amend care plans, risk assessments or client records unless authorised by the client organisation and within their role;
• notify {{org_field_name}} where the assignment appears unsafe, unsuitable, outside their competence, discriminatory, or inconsistent with this policy.

{{org_field_name}} will cooperate with client organisations in relation to recruitment checks, training evidence, complaints, incidents, safeguarding concerns, competence concerns and worker conduct concerns, while ensuring that data protection and confidentiality requirements are met.

13. Training

All agency workers will receive induction and, where relevant to their assignments, refresher information or training covering:

• dignity, privacy and person-centred care;
• safeguarding adults and children;
• equality, diversity, inclusion and reasonable adjustments;
• consent and the Mental Capacity Act 2005;
• infection prevention and control;
• confidentiality, UK GDPR and data protection;
• professional boundaries;
• incident reporting and whistleblowing;
• moving and handling, where required for the assignment;
• food, fluids and nutrition support, where required for the assignment;
• medication awareness or medication competence, where medication duties are included in the assignment;
• client-specific induction requirements before or at the start of placement.

The Director will ensure that training requirements are reviewed at least annually and sooner where there are legal changes, client requirements, incidents, complaints, safeguarding concerns, audit findings, changes in role requirements, or concerns about worker competence.

14. Quality Assurance

The Director will oversee regular audits and reviews of:

• Incident reports
• Complaints and feedback relating to personal care
• Staff supervision and appraisal records
• Training completion records

• Assignment information obtained from client organisations
• Evidence that workers received relevant assignment information
• Right to work check records
• DBS and barred list check records, where applicable
• Professional registration checks, where applicable
• Training and competency records
• Client feedback and worker feedback
• Complaints, safeguarding concerns and incident trends
• Evidence of action taken where workers were unsuitable, unsafe or outside competence

Findings will be used to improve recruitment, vetting, training, assignment matching, worker support, incident escalation, client communication and compliance monitoring. {{org_field_name}} will not use quality assurance activity to direct or control the personal care provided to individual service users unless it has first confirmed that it is legally permitted and, where required, registered to do so.

15. Director’s Oversight

The Director of {{org_field_name}} is responsible for:

• Ensuring effective implementation of this policy
• Reviewing incidents and complaints relating to personal care
• Leading quality improvement initiatives relating to agency compliance, worker suitability, training, assignment matching, escalation, safeguarding, complaints handling and client communication.
• Ensuring that all staff understand their responsibilities relating to dignity and personal care
• Promoting a positive culture of respect, dignity, compassion, safeguarding, lawful agency practice and transparency across the agency.
• Ensuring that {{org_field_name}} does not drift into providing, managing, directing or controlling regulated personal care without first considering CQC registration requirements and obtaining appropriate advice.

16. Employment Rights Act 2025 and Future Legal Changes

{{org_field_name}} will monitor implementation of the Employment Rights Act 2025 and related regulations, guidance and commencement dates. This includes changes affecting agency workers, guaranteed hours, shift rights, labour market enforcement, statutory sick pay, family leave, tribunal time limits and other employment rights as they come into force.

Where legal changes affect agency worker engagement, assignment terms, pay, hours, cancellation of shifts, notice, employment status, documentation or enforcement risk, {{org_field_name}} will update its contracts, assignment documentation, Key Information Documents, policies and worker communications.

17. Policy Review

This policy will be reviewed at least annually by the Director and sooner where required due to:

• changes in legislation, statutory guidance or regulator guidance;
• changes to the agency’s services or client base;
• incidents, complaints, safeguarding concerns or audit findings;
• changes to CQC, DBS, right to work, employment agency, agency worker, health and safety, data protection or equality requirements;
• any proposal for {{org_field_name}} to take on care planning, care management, direct supervision or ongoing direction and control of personal care.

The Director is responsible for ensuring that the policy remains suitable for a temporary staffing agency that does not provide regulated care.

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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.