Care agencies who carry out a regulated activity must be registered by the Care Quality Commission (CQC) and are expected to comply with relevant regulations. Where a care agency does not carry out a regulated activity but supplies workers to a regulated care provider, the legal duty to comply with CQC regulations sits with the registered provider using the agency and the registered manager.

Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 sets out that it is the responsibility of the regulated provider to ensure robust and safe recruitment practices are in place, and to make sure that all staff, including agency staff, are suitably experienced, competent, and able to carry out their role. Further information on Regulation 19 is available at the following link:

https://www.cqc.org.uk/guidance-regulation/providers/regulations-service-providers-and-managers/health-social-care-act/regulation-19

Registered providers are also expected to comply with Regulation 18: Staffing, which sets out a provider’s responsibility to deploy enough suitably qualified, competent, and experienced staff. Further information on Regulation 18 is available at the following link:

https://www.cqc.org.uk/guidance-regulation/providers/regulations-service-providers-and-managers/health-social-care-act/regulation-18

The CQC can assess compliance with these regulations through assessment and monitoring activity. Where a breach of regulation or non-compliance is identified, the CQC can take regulatory action.

An Enhanced Disclosure and Barring Service (DBS) check must be undertaken prior to the recruitment of all care workers. In line with the CQC guidance for DBS checks, staff working with vulnerable adults can only start work before a DBS certificate is received if they have had a DBS Adult First Check, are appropriately supervised, and do not escort people away from the premises unless accompanied by someone with a DBS check.