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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 ensure the safe, effective and lawful use of temporary and agency workers within {{org_field_name}}’s supported living services.

{{org_field_name}} recognises that the use of temporary or agency workers does not reduce or transfer the registered provider’s responsibilities under the Health and Social Care Act 2008, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 or other applicable legislation.

For the purposes of Regulation 19 (Fit and Proper Persons Employed), the meaning of a person employed for the purposes of carrying on a regulated activity includes agency staff, bank staff, contractors and other persons engaged to work within the service, whether or not they are directly employed by {{org_field_name}}. {{org_field_name}} must therefore satisfy itself that temporary and agency workers are fit and proper to perform their roles and that the required recruitment and employment information is available.

Temporary and agency workers must be deployed only where they are suitably qualified, competent, skilled and experienced to meet the assessed needs of people using the service and to enable {{org_field_name}} to comply with Regulation 18 (Staffing).

This policy establishes the arrangements for:

• selecting and monitoring staffing agencies;
• obtaining and verifying required recruitment and employment information;
• ensuring the competence, qualifications, skills and experience of temporary workers;
• ensuring that appropriate Disclosure and Barring Service checks have been undertaken where required;
• verifying professional registration where applicable;
• providing appropriate induction, information, support and supervision;
• ensuring that temporary workers receive training required for their role, including statutory learning disability and autism training where applicable to the registered service;
• monitoring temporary workers while they are deployed within the service; and
• taking prompt action where concerns arise about a temporary worker’s fitness, conduct, competence or practice.

The registered provider and registered manager remain accountable for ensuring that agency staffing arrangements do not compromise people’s safety, rights, dignity, wellbeing or continuity of care and support.

2. Scope

This policy applies to:

• All temporary staff hired through external agencies.
• All managers, HR personnel, and team leaders responsible for procuring, managing, and supervising agency staff.
• All registered providers and agency partners supplying temporary workers to {{org_field_name}}.
• All service users and their families who interact with temporary staff in the supported living environment.

3. Related Policies

• Recruitment and Selection Policy (SL12)
• Induction and Training Policy (SL19)
• Staff Supervision and Performance Management Policy (SL20)
• Safeguarding Adults and Children Policy (SL13)
• Health and Safety at Work Policy (SL16)
• Whistleblowing Policy (SL25)

4. Selecting and Approving Temporary Staffing Agencies

4.1 Approved Agency List

{{org_field_name}} will only engage temporary staffing agencies where it has obtained sufficient assurance that workers supplied by the agency can meet the legal and regulatory requirements applicable to the duties they will perform.

The use of an external staffing agency does not remove {{org_field_name}}’s responsibilities under Regulations 18 and 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Where recruitment or employment checks have been undertaken by the agency, {{org_field_name}} must satisfy itself that the required checks have been completed and are satisfactory before permitting the worker to undertake duties for which those checks are required.

Before approving an agency, {{org_field_name}} must obtain appropriate assurance that the agency has systems capable of providing the information necessary for {{org_field_name}} to meet its regulatory responsibilities. This must include, as applicable:

• confirmation of each worker’s identity, including a recent photograph;
• confirmation that the worker has the legal right to work in the United Kingdom where this is applicable;
• confirmation that the appropriate level of Disclosure and Barring Service check has been undertaken where the worker’s role is eligible for such a check, including the relevant barred-list information where the role constitutes regulated activity and the law permits or requires that check;
• satisfactory evidence of conduct in previous employment concerned with the provision of health or social care or work with children or adults at risk, where required under Schedule 3;
• where reasonably practicable, verification of the reason why previous employment involving work with children or adults at risk ended, where required under Schedule 3;
• a full employment history together with a satisfactory written explanation of any gaps in employment, as required by Schedule 3;
• documentary evidence of qualifications relevant to the worker’s duties, so far as reasonably practicable;
• evidence that the worker has the competence, skills and experience necessary for the work they will perform;
• evidence that the worker is able, after any reasonable adjustments have been made, to perform the tasks intrinsic to their role;
• confirmation of current registration with the appropriate professional regulator where registration is required by law for the work performed or professional title used;
• evidence of training and competency appropriate to the role and the needs of the people the worker will support; and
• arrangements for notifying {{org_field_name}} promptly of any subsequent information that may affect a worker’s fitness, suitability, professional registration or ability to perform their duties safely.

{{org_field_name}} must be able to obtain or make available the information required by Regulation 19 and Schedule 3 in relation to temporary and agency workers when required. Reliance on confirmation from an agency must not prevent {{org_field_name}} from assuring itself that the relevant checks are complete and satisfactory.

Formal contractual arrangements with staffing agencies must require the agency to provide accurate information about workers supplied and to notify {{org_field_name}} promptly of any matter that could affect a worker’s suitability for deployment.

4.2 Due Diligence and Auditing of Agencies

• Agencies must be reviewed annually to ensure continued compliance.
• Unannounced spot checks will be conducted to verify worker credentials, training records, and DBS checks.
• Any non-compliance or failure to meet standards will result in immediate suspension from the approved agency list.

5. Recruitment and Placement of Temporary Staff

5.1 Requesting Agency Staff

When requesting agency staff, managers must:

• Assess the necessity of agency staff usage and explore internal cover options first.
• Submit a formal request specifying required skills, experience, and shift requirements.
• Ensure all bookings align with rota management and continuity of care.

5.2 Screening and Pre-Deployment Checks

Before any temporary or agency worker is permitted to undertake duties within {{org_field_name}}, the manager responsible for the service must obtain sufficient assurance that the worker is fit and suitable for the role and that all checks relevant to the work they will perform have been completed satisfactorily.

The manager must not rely solely on the fact that the worker has been supplied by an approved agency. Where checks have been carried out by the staffing agency, {{org_field_name}} must satisfy itself that the checks are complete and satisfactory.

The following information and checks must be confirmed, as applicable to the worker and the role:

• proof of identity, including a recent photograph;
• the worker’s legal right to work in the United Kingdom where applicable;
• satisfactory information demonstrating that the worker is of good character;
• the appropriate Disclosure and Barring Service check where the role is eligible for such a check, together with the appropriate barred-list information where the duties constitute regulated activity and a barred-list check is legally permitted or required;
• satisfactory evidence of conduct in previous employment concerned with the provision of health or social care or work with children or adults at risk, where required;
• where the worker has previously worked in a position involving children or adults at risk, satisfactory verification, so far as reasonably practicable, of the reason why that employment ended;
• a full employment history together with a satisfactory written explanation of any gaps in employment;
• satisfactory documentary evidence, so far as reasonably practicable, of qualifications relevant to the duties to be performed;
• evidence that the worker has the qualifications, competence, skills and experience necessary for the work they will perform;
• confirmation that the worker is able, after reasonable adjustments are made where required, to perform the tasks intrinsic to the role;
• current professional registration where registration with a health or social care professional regulator is required by law for the work to be performed or the professional title used; and
• evidence that required role-specific training and competency requirements have been met.

Where information raises concerns about a worker’s character, employment history, criminal record information, qualifications, competence, fitness or suitability, the worker must not be deployed unless the registered provider has completed an appropriate risk assessment, is legally permitted to deploy the worker and has recorded clear reasons demonstrating that the worker remains fit and suitable for the role.

Where satisfactory evidence required by Regulation 19 or Schedule 3 cannot be obtained or appropriately verified before deployment, the worker must not undertake the relevant regulated activity until the registered manager is satisfied that the applicable legal requirements have been met.

5.3 Induction, Training and Onboarding

All temporary and agency workers must receive an induction that is appropriate to their role and sufficient to enable them to perform their duties safely and competently within {{org_field_name}}.

The fact that a worker has completed an induction or training programme provided by an agency does not remove {{org_field_name}}’s responsibility to ensure that the worker understands the arrangements, risks, procedures and needs relevant to the particular supported living service in which they are deployed.

Before undertaking duties unsupervised, temporary and agency workers must receive information and instruction appropriate to their role, including:

• the needs, preferences, communication requirements and assessed risks of the people they will support;
• relevant care and support plans and risk assessments;
• safeguarding procedures and how to report concerns;
• emergency and contingency procedures;
• fire safety arrangements relevant to the location in which they are working;
• infection prevention and control arrangements;
• medication procedures where medication forms part of their duties;
• moving and handling arrangements where relevant;
• incident, accident and near-miss reporting arrangements;
• confidentiality, information governance and record-keeping requirements;
• whistleblowing arrangements;
• the Mental Capacity Act 2005 and consent requirements where relevant to their duties; and
• any additional information or training required to support people safely and in accordance with their individual needs.

{{org_field_name}} must ensure that temporary and agency workers receive training on learning disability and autism that is appropriate to their role, in accordance with the statutory requirement applying to CQC-registered providers and with due regard to the applicable statutory code of practice.

The registered manager must obtain appropriate evidence that the worker has completed relevant learning disability and autism training that meets the statutory requirements for the person’s role. Where existing training does not meet those requirements, appropriate training must be arranged before or as necessary for the worker to perform the relevant duties safely.

Where a worker has not demonstrated the competence necessary to perform particular duties safely, they must receive appropriate supervision and must not undertake those duties unsupervised until their competence has been established.

6. Performance Management and Supervision

6.1 Monitoring and Supervision

All agency workers will be assigned a designated supervisor responsible for:

• Monitoring their performance and adherence to policies.
• Providing feedback and ensuring competence in their assigned roles.
• Ensuring agency staff integrate effectively into the workplace culture.

Supervisors will conduct spot checks and observation assessments to verify that agency staff are providing high-quality care and following regulations.

6.2 Addressing Performance, Conduct or Fitness Concerns

Any concern about a temporary or agency worker’s competence, conduct, fitness, professional registration or ability to provide safe care and support must be acted upon promptly and proportionately.

Where there is an immediate or potential risk to a person using the service, the priority must be the person’s safety. The worker may be removed immediately from particular duties or from the service pending further investigation. The stages below do not have to be followed sequentially where the seriousness of the concern requires immediate action.

Depending on the nature and seriousness of the concern, action may include:

• immediate instruction or corrective guidance where the issue is minor and can safely be corrected;
• increased supervision or restriction from particular duties;
• removal from the shift or service;
• reporting the concern formally to the staffing agency;
• requiring further training or evidence of competence before any further deployment;
• suspension of further bookings;
• safeguarding action;
• referral to the police where a criminal offence is suspected;
• referral to the Disclosure and Barring Service where the statutory referral conditions are met;
• referral to the relevant professional regulator where required;
• notification to the Care Quality Commission where the incident falls within a statutory notification requirement; and
• termination of the worker’s engagement with {{org_field_name}}.

Where a temporary or agency worker no longer meets the requirements of Regulation 19(1), {{org_field_name}} must take such action as is necessary and proportionate to ensure compliance with the regulation. Where the worker is a healthcare professional, social worker or other professional registered with a health or social care regulator, the appropriate regulator must be informed where Regulation 19(5) requires this.

All concerns, decisions, risk assessments, actions taken and communications with the staffing agency or external bodies must be documented.

6.3 Ongoing Fitness and Professional Registration

{{org_field_name}} must continue to satisfy itself that temporary and agency workers remain fit and suitable throughout the period in which they are deployed within the service.

Managers must act promptly where information becomes available suggesting that a worker may no longer:

• be of good character;
• have the qualifications, competence, skills or experience necessary for their duties;
• be able, after reasonable adjustments are made, to perform the tasks intrinsic to their role;
• hold professional registration required for their work or professional title; or
• be otherwise fit to undertake the work assigned to them.

Where concerns arise, the worker’s duties must be reviewed immediately and any necessary and proportionate interim measures must be implemented to protect people using the service while the concern is assessed or investigated.

Where a worker is required to be registered with a professional regulator, {{org_field_name}} must ensure that the registration is current and appropriate for the duties undertaken.

Where a person no longer meets the fitness criteria in Regulation 19(1), {{org_field_name}} must take the action necessary and proportionate to restore compliance. Where Regulation 19(5) requires notification to a health or social care professional regulator, the appropriate regulator must be informed.

7. Ensuring Continuity of Care

7.1 Minimising Disruptions to Service Users

To maintain continuity of care, managers will:

• Use the same agency staff consistently, reducing frequent personnel changes.
• Prioritise agency workers who have prior experience within {{org_field_name}}.
• Ensure accurate and detailed handovers, allowing for smooth transitions between staff shifts.

7.2 Supporting Service Users with Agency Staff

• Service users will be introduced to new agency workers in a structured manner.
• Communication strategies will be used to address any concerns or anxieties service users may have regarding temporary staff.
• Feedback from service users and their families will be collected regularly to assess the effectiveness of agency staffing.

8. Compliance, Reporting, and CQC Expectations

8.1 Legal and Regulatory Compliance

The use of temporary and agency staff must comply with all applicable legal and regulatory requirements. In particular, the following requirements apply to this policy:

• Health and Social Care Act 2008 – including the statutory framework governing CQC registration and regulated activities.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 18 – Staffing – requiring sufficient numbers of suitably qualified, competent, skilled and experienced persons to be deployed and requiring appropriate support, training, professional development, supervision and appraisal.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 19 – Fit and Proper Persons Employed – requiring persons employed for the purposes of carrying on regulated activities, including agency and temporary workers, to meet the applicable requirements relating to good character, qualifications, competence, skills, experience, fitness and professional registration, and requiring the information specified in Schedule 3 to be available.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 13 – Safeguarding Service Users from Abuse and Improper Treatment – requiring people using services to be protected from abuse and improper treatment.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 17 – Good Governance – requiring effective systems and processes to assess, monitor and improve the quality and safety of services, manage risks and maintain necessary records relating to persons employed and the management of the regulated activity.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – statutory learning disability and autism training requirement – requiring registered providers to ensure that staff receive training on learning disability and autism appropriate to their role.
• Care Quality Commission (Registration) Regulations 2009, including Regulation 18 – Notification of Other Incidents – requiring the registered person to notify CQC without delay of specified incidents and events where the statutory notification criteria are met.
• Safeguarding Vulnerable Groups Act 2006 and applicable Disclosure and Barring Service requirements – including barred-list and referral requirements where applicable to the worker and the work undertaken.
• Equality Act 2010 – including requirements concerning reasonable adjustments and restrictions relating to health enquiries.
• applicable right-to-work legislation – where relevant to the employment or engagement of temporary workers.

{{org_field_name}} remains responsible for compliance with its regulatory obligations irrespective of whether recruitment checks, training or other functions have been undertaken by an external staffing agency.

8.2 Incident Reporting, Safeguarding and Statutory Notifications

Any incident, allegation, concern or unsafe practice involving a temporary or agency worker must be reported immediately in accordance with {{org_field_name}}’s incident reporting and safeguarding procedures.

The registered manager or other authorised person must assess each incident promptly to determine what immediate protective action is required and whether notification or referral to an external body is required by law.

Where there is reasonable cause to suspect abuse or neglect of an adult with care and support needs, the matter must be managed in accordance with applicable safeguarding legislation, local safeguarding procedures and {{org_field_name}}’s Safeguarding Adults and Children Policy.

The Care Quality Commission must be notified where an incident, event or allegation meets a statutory notification requirement. Notifications must be made within the applicable statutory timescale and using the method required by CQC.

This includes, where applicable:

• abuse or an allegation of abuse in relation to a person using the service;
• specified serious injuries to a person using the service;
• incidents that are reported to or investigated by the police;
• events that prevent, or appear likely to threaten to prevent, {{org_field_name}} from carrying on the regulated activity safely or in accordance with its registration requirements, including circumstances involving insufficient numbers of suitably qualified, skilled and experienced staff; and
• any other event or change for which notification to CQC is required under the Care Quality Commission (Registration) Regulations 2009.

Where an incident involves abuse or an allegation of abuse concerning a person using the service, the registered person must ensure that the applicable CQC safeguarding notification is made without delay where required.

The manager must also consider whether the matter requires:

• a safeguarding referral to the relevant local authority;
• referral to the police;
• referral to the Disclosure and Barring Service where the legal referral criteria are met;
• referral or notification to a relevant professional regulator;
• notification to another statutory authority;
• notification to the staffing agency; or
• action under {{org_field_name}}’s contractual arrangements with the staffing agency.

The fact that the worker is employed by an external staffing agency does not remove {{org_field_name}}’s responsibility to make any statutory notification or referral that applies to the registered provider.

All notifications, referrals, decisions and reasons for decisions must be recorded.

8.3 Internal Audits and Continuous Improvement

{{org_field_name}} must maintain effective systems for monitoring compliance with this policy and the legal requirements applying to temporary and agency workers.

Internal audits of agency staffing arrangements must include appropriate checks that:

• the required Regulation 19 and Schedule 3 information is available;
• appropriate Disclosure and Barring Service information has been obtained or verified where required;
• professional registrations remain current where applicable;
• workers have the qualifications, competence, skills and experience necessary for their duties;
• workers have completed training required for their role, including applicable learning disability and autism training;
• induction and competency requirements have been completed;
• concerns about temporary workers have been appropriately recorded, investigated and acted upon;
• safeguarding concerns and statutory notifications have been made where required; and
• staffing arrangements continue to provide sufficient numbers of suitably qualified, competent, skilled and experienced persons to meet people’s assessed needs safely.

Where an audit identifies non-compliance or a risk to people using the service, corrective action must be taken promptly and the action taken must be recorded.

Records relating to the use, suitability, competence, monitoring and management of temporary and agency workers must be maintained securely in accordance with applicable legal and regulatory record-keeping requirements.

9. Policy Review

This policy will be reviewed annually, or sooner if:

• Employment laws or CQC regulations change.
• Significant issues arise regarding agency staff management.
• Feedback from staff, service users, or CQC inspections suggests improvements.

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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.