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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Using Temporary Staffing Agencies Policy

1. Purpose

The purpose of this policy is to establish clear arrangements for the safe and appropriate use of temporary staffing agencies by {{org_field_name}} in the delivery of domiciliary support services in Wales.

{{org_field_name}} remains responsible for ensuring that care and support provided by agency workers complies with the same statutory, regulatory and quality requirements that apply when care and support is provided by directly employed staff. The use of a temporary staffing agency does not transfer the service provider’s regulatory responsibilities to the supplying agency.

This policy ensures that:

• sufficient numbers of suitably qualified, trained, skilled, competent and experienced workers are deployed to meet individuals’ assessed care and support needs and support them to achieve their personal outcomes;
• agency workers are subject to the required fitness, recruitment and vetting checks before they are permitted to undertake work for the service;
• appropriate evidence of the required checks is available to {{org_field_name}} and can be made available for inspection by Care Inspectorate Wales where required;
• agency workers receive an induction and information appropriate to their role and the service in which they will work;
• appropriate arrangements are in place for the supervision, monitoring and management of agency workers;
• the use of temporary workers does not prevent individuals receiving reasonable continuity of care;
• safeguarding concerns, fitness-to-practise concerns and notifiable events involving agency workers are managed and reported to the appropriate authorities in accordance with statutory requirements; and
• appropriate records are maintained in relation to agency workers deployed within the service.

This policy must be read and implemented in accordance with:

• the Regulation and Inspection of Social Care (Wales) Act 2016;
• the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended;
• the statutory guidance issued under section 29 of the Regulation and Inspection of Social Care (Wales) Act 2016 for care home and domiciliary support service providers and responsible individuals;
• the Social Services and Well-being (Wales) Act 2014, where applicable;
• the Safeguarding Vulnerable Groups Act 2006;
• the Police Act 1997, insofar as it relates to Disclosure and Barring Service checks;
• the Employment Agencies Act 1973;
• the Agency Workers Regulations 2010;
• the Equality Act 2010;
• applicable right-to-work legislation; and
• the applicable Social Care Wales registration requirements and Codes of Professional Practice.

2. Scope

This policy applies to:

• All temporary staffing agencies providing care workers, support staff, and nurses to {{org_field_name}}.
• All agency workers engaged by {{org_field_name}} to support service delivery.
• Managers and supervisors responsible for sourcing, vetting, and monitoring agency staff.

This policy covers:

• Selection and approval of temporary staffing agencies.
• Vetting and compliance requirements for agency workers.
• Induction, training, and supervision of agency staff.
• Monitoring and reviewing agency staff performance.
• Cost control and contract management with agencies.

3. Policy Statement

{{org_field_name}} recognises that agency staff may be required to cover staff shortages, sickness, or increased care demands. While we prioritise the use of permanent staff, agency workers will be used only when necessary, ensuring:

• Quality, safety, and continuity of care are maintained at all times.
• Agency staff are competent, well-trained, and meet regulatory standards.
• Clear expectations and responsibilities are outlined for agency workers.
• Robust monitoring and performance management procedures are in place.

4. Managing Temporary Staffing Agencies Efficiently

4.1 Selection and Approval of Staffing Agencies

{{org_field_name}} will only use staffing agencies where it has satisfied itself that the agency is able to supply workers who meet the legal and regulatory requirements applicable to the work they will undertake.

An employment agency or employment business which only supplies carers to a registered service provider for the purpose of the service provider delivering its regulated service is not, solely by reason of supplying those carers, required to be registered with Care Inspectorate Wales as a domiciliary support service. {{org_field_name}} will therefore not describe or assess an agency as “CIW-approved” unless the organisation is separately registered with Care Inspectorate Wales to provide a regulated service for which registration is required.

Before an agency is approved, {{org_field_name}} will obtain sufficient assurance that the agency:

• operates lawfully as an employment agency or employment business;
• carries out robust recruitment and vetting checks appropriate to health and social care workers;
• is able to provide evidence that each proposed agency worker has undergone the checks required by regulation 35 and Schedule 1 to the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended;
• checks applicable professional and Social Care Wales registrations;
• ensures workers supplied have the qualifications, competence, skills and experience necessary for the work they will undertake;
• will immediately inform {{org_field_name}} of any information which may affect a worker’s suitability or fitness to work;
• has arrangements for responding to safeguarding concerns, allegations, complaints, disciplinary matters and fitness-to-practise concerns; and
• has appropriate insurance and indemnity arrangements.

Contracts or written agreements with staffing agencies must make clear that the agency’s recruitment and vetting responsibilities do not remove {{org_field_name}}’s responsibility as the registered service provider to assure itself that persons working at the service are fit to do so.

{{org_field_name}} will maintain evidence of its assurance process for each approved agency and will review the agency where information arises which calls the reliability or robustness of its recruitment, vetting or workforce arrangements into question.

4.2 Vetting, Fitness and Compliance Requirements for Agency Workers

No agency worker will be deployed to provide care and support unless {{org_field_name}} has satisfied itself that the person is fit to undertake the work in accordance with regulation 35 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Agency workers must be subject to the same required fitness and vetting checks as permanently employed staff. {{org_field_name}} must obtain and retain sufficient evidence to demonstrate that the required checks have been completed. Evidence may include documentation, confirmation or compliance checklists supplied by the agency, provided that {{org_field_name}} is satisfied that the agency’s checking arrangements are reliable and robust and that the information and documentation required by the Regulations is available for inspection where required.

Before deployment, {{org_field_name}} must be satisfied that the agency worker:

• is of suitable integrity and good character;
• has the qualifications, skills, competence and experience necessary to perform the work for which they are being supplied;
• is able, by reason of their health and after any reasonable adjustments are made, to properly perform the tasks intrinsic to the work; and
• has provided the information and documentation required by Part 1 of Schedule 1 to the Regulations.

The required Schedule 1 information and documentation comprises:

• proof of identity, including a recent photograph;
• a valid criminal record certificate where required;
• a valid enhanced criminal record certificate, together with applicable barred-list or other suitability information, where required for the role;
• two written references, including a reference from the person’s last employer, if any;
• where the person has previously worked in a position involving work with children or vulnerable adults, verification, so far as reasonably practicable, of the reason why that employment or position ended;
• documentary evidence of any relevant qualification;
• documentary evidence of registration with Social Care Wales, where relevant;
• a full employment history together with a satisfactory written explanation of any gaps in employment;
• evidence of satisfactory linguistic ability for the purposes of providing care and support to the individuals for whom the worker will provide care and support; and
• details of registration with or membership of any professional body, where applicable.

{{org_field_name}} must also satisfy itself that the worker has the legal right to undertake the work in the United Kingdom where applicable.

Disclosure and Barring Service requirements

Where a DBS certificate is required, {{org_field_name}} must ensure that it meets the validity requirements applicable under regulation 35 and Schedule 1.

Where an agency worker is registered with the DBS Update Service, the required DBS status check must be undertaken for the purpose of assessing the worker’s suitability. Where the person continues to work at the service and the relevant regulatory requirement applies, their DBS certificate status must be checked at least annually.

Where the person is not registered with the DBS Update Service, the applicable arrangements for obtaining a new DBS certificate within the statutory three-year period must be followed.

The manager must not rely solely upon the age of a DBS certificate or an agency’s general assurance where information is known which raises concerns about the worker’s fitness or suitability.

Social Care Wales and professional registration

Where an agency worker undertakes a role for which Social Care Wales registration is legally required, {{org_field_name}} must check the person’s registration status and maintain evidence of that check.

A domiciliary care worker who is required to register with Social Care Wales must be registered no later than the applicable statutory registration deadline. Current Social Care Wales requirements provide a six-month period from commencement in a role requiring worker registration. Where an agency worker is already registered, their current registration must be verified before deployment.

The Social Care Wales social care worker registration requirement does not apply under regulation 35 to a person working as a nurse or another registered professional where the statutory exemption applies. In those circumstances, current registration with the relevant professional regulator must instead be verified.

A worker must not be allocated duties which require a qualification, registration, training or demonstrated competence which has not been verified.

4.3 Induction and Training for Agency Workers

Every agency worker must receive an induction appropriate to their role and to the work they will undertake for {{org_field_name}}.

The induction provided to an agency worker must include sufficient information to enable them to work safely and in accordance with the requirements of the service and must include, where relevant:

• the service’s Statement of Purpose;
• the worker’s role, responsibilities and lines of accountability;
• the service’s core policies and procedures relevant to their role;
• safeguarding arrangements and the procedure for raising and reporting safeguarding concerns;
• whistleblowing arrangements;
• management and supervision arrangements;
• confidentiality, information governance and data protection requirements;
• record-keeping requirements;
• health and safety and lone-working arrangements;
• emergency procedures relevant to domiciliary support;
• infection prevention and control requirements;
• medication procedures where the worker will undertake medication-related duties;
• the individual’s current personal plan, risk assessments, communication requirements and care and support arrangements relevant to the work being undertaken; and
• any specialist information, training or equipment required to meet the needs of the individuals the worker will support.

Agency status must not be used as a reason to omit induction or competence requirements necessary for safe practice.

Before an agency worker undertakes a task for which specific training or competence is required, including medication administration, moving and handling or delegated healthcare activities, {{org_field_name}} must satisfy itself that the worker has received the appropriate training and is competent to undertake that task.

Where an agency worker is unfamiliar with an individual, the manager must make appropriate arrangements to ensure the worker has sufficient information and understanding of the individual’s needs, wishes, risks, personal outcomes and personal plan before providing care and support.

4.4 Supervision, Monitoring and Performance Management

Agency workers remain subject to the service provider’s requirements concerning safe practice, supervision and performance while undertaking work for {{org_field_name}}.

{{org_field_name}} will:

• provide appropriate supervision of agency workers in relation to the work undertaken within the service;
• monitor agency workers through appropriate observations, review of care records, feedback and other quality-assurance arrangements;
• ensure agency workers understand who they should contact for management advice or support while working for the service;
• address concerns about competence, conduct, safeguarding or performance without delay;
• immediately restrict or stop duties where this is necessary to protect the safety or well-being of individuals;
• notify the supplying agency of significant concerns and require appropriate action;
• obtain information from the agency regarding its response to concerns where this is necessary to determine whether the worker remains suitable to work at the service;
• make referrals or notifications to statutory or professional bodies where the relevant legal threshold is met; and
• maintain a record of relevant supervision, training, performance concerns and action taken.

Where the nature or duration of an agency worker’s deployment makes appraisal applicable, {{org_field_name}} will ensure that appropriate arrangements exist for appraisal, either through the service or in conjunction with the supplying agency.

Feedback from individuals receiving care and support must be considered where relevant when assessing an agency worker’s performance and suitability.

4.5. Maintaining Continuity of Care

To minimise disruption to service users, {{org_field_name}} will:

• Use the same agency staff where possible, ensuring consistency.
• Ensure agency staff read and understand service user care plans.
• Encourage clear communication between agency and permanent staff.
• Limit the number of agency staff assigned to a service user, avoiding frequent changes.

If an agency worker fails to meet standards, they will be removed from duty, and alternative arrangements will be made.

4.6. Cost Control and Contract Management

Agency staffing can be expensive; therefore, {{org_field_name}} will:

• Only use agency workers as a last resort, prioritising internal resources.
• Negotiate competitive agency rates, ensuring fair pricing.
• Monitor agency usage, ensuring cost-effective staffing solutions.
• Review agency contracts annually, ensuring compliance with service needs and budgets.

Alternative staffing measures, such as bank staff or overtime for permanent employees, will be considered before engaging agency workers.

4.7 Regulatory Compliance, Records, Safeguarding and Reporting

{{org_field_name}} remains responsible for regulatory compliance where agency workers are used and must be able to demonstrate that workers deployed through an agency meet the requirements applicable to persons working at the service.

Records

{{org_field_name}} will maintain the records required by regulation 59 and Schedule 2 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, in relation to persons working at the service.

Records relating to agency workers must be sufficient to demonstrate, as applicable:

• the worker’s identity;
• qualifications and relevant experience;
• references and recruitment assurance;
• the date and outcome of relevant DBS assurance;
• applicable Social Care Wales or other professional registration;
• the dates on which the worker works for the service;
• the role and work undertaken;
• induction, training and supervision provided by the service;
• concerns relating to conduct, competence or fitness and action taken; and
• the worker’s deployment on relevant duty rotas or schedules of visits.

Information required under regulation 35 and Schedule 1 must be available for inspection by the service regulator where required.

Safeguarding concerns

Where there is an allegation or evidence that an agency worker has abused, neglected or improperly treated an individual, {{org_field_name}} must:

• take immediate action to ensure the safety of the individual and any other person who may be at risk;
• act in accordance with the service’s safeguarding policy and the Wales Safeguarding Procedures;
• make appropriate referrals to the relevant safeguarding authority or other statutory agency;
• preserve and maintain appropriate records of the allegation or evidence, action taken and referrals made; and
• ensure the agency worker is not permitted to continue undertaking duties which would place individuals at risk while the concern is being addressed.

Referral of a matter to the supplying agency does not replace {{org_field_name}}’s statutory safeguarding responsibilities.

Disclosure and Barring Service and professional referrals

Where the statutory criteria for a referral to the Disclosure and Barring Service are met, {{org_field_name}} will ensure that the required referral is made. This includes circumstances in which a person has been removed from regulated activity, or would have been removed had they not left, and the applicable harm or risk-of-harm test is satisfied.

Where the fitness to practise of a worker registered with Social Care Wales, the Nursing and Midwifery Council or another professional regulatory body is brought into question, {{org_field_name}} will consider and make any referral required to the relevant regulatory or professional body.

The fact that the worker is employed or supplied by an external agency does not remove the requirement to make a referral where {{org_field_name}} has a statutory duty to do so.

Notifications to Care Inspectorate Wales

The manager and Responsible Individual must ensure that events involving agency workers are considered against the notification requirements in regulation 60 and the relevant Schedules to the Regulations.

A matter must be notified to Care Inspectorate Wales where it falls within a category which the service provider is legally required to notify. Notifications must be made without delay and in the manner required by Care Inspectorate Wales.

This includes, where applicable, an event which prevents, or could prevent, the service from continuing to be provided safely, including circumstances where an insufficient number of suitably qualified, trained, skilled, competent and experienced staff are available to provide the service safely.

A concern about an individual agency worker must not automatically be described as a CIW-notifiable event unless it meets an applicable statutory notification requirement. Safeguarding, DBS, professional-regulator and CIW notifications must each be considered separately according to the relevant legal threshold.

5. Related Policies

This policy aligns with:

• Safe Recruitment Policy (DCW26) – Ensuring agency staff meet vetting and compliance standards.
• Safeguarding Adults from Abuse and Improper Treatment Policy (DCW13) – Protecting service users from risks posed by temporary staff.
• Staff Supervision, Training, and Development Policy (DCW27) – Ensuring agency workers are competent and supported.
• Confidentiality and Data Protection Policy (DCW34) – Ensuring agency staff comply with GDPR requirements.

6. Policy Review

This policy will be reviewed annually or sooner if required due to:

• Changes in CIW regulations or employment laws.
• Feedback from service users, staff, or external agencies.
• Performance concerns with agency staffing arrangements.

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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.