The government plans to strengthen recently introduced agency social work rules by putting them into law, in a move dubbed “reckless” by recruitment firm leaders.
The Department for Education (DfE) also intends to extend the rules to non-social work staff in children’s services, it said in a children’s social care reform policy paper published this week.
This came just weeks after the rules limiting English local authorities’ use of agency social workers in children’s services were introduced, though they will not be fully implemented until 1 October 2025.
The rules (see box below), which include capping agency pay rates regionally and barring those without three years’ experience from working as locums, have been set out in statutory guidance, a decision made by the previous Conservative government.
This means that councils should comply with the rules unless exceptional circumstances arise.
Putting agency rules into law
The Labour administration said it wanted “to legislate to allow us to go further than statutory guidance in regulating the use of agency” and reduce the number of locums in children’s services from a record 7,200 in September 2023.
This would involve using forthcoming legislation – most likely, the Children’s Wellbeing Bill – to give the government the power to make regulations governing councils’ use of agency social workers in children’s services.
Unlike with statutory guidance, councils would be legally bound to follow such regulations.
The DfE said the regulations were likely to cover councils’ oversight of, and accountability for, agency workers’ practice, pay and labour costs and quality assurance issues, such as minimum experience requirements and pre-employment checks.
These are all covered by the existing rules, so it is not clear whether the government wants to strengthen the content of the rules as well as their legal status.
Extending rules to non-social workers
However, the DfE said did want to extend the rules beyond social workers to a wider group of staff. Though it did not specify roles, it referenced non-social work staff who held child in need cases under section 17 of the Children Act 1989, as is now explicitly permitted under Working Together to Safeguard Children.
It said it wanted to avoid the rules creating perverse incentives, for example, leading to a growth in agency staff numbers among non-social workers.
‘Children and families deserve stable relationships’
In a statement on Labour’s policy proposals in the House of Lords this week, education minister Jacqui Smith said: “While agency workers can help to manage fluctuations in demand, they are no substitute for a permanent workforce.
“Children and families deserve stable professional relationships. We will therefore limit the use of agency social workers by local authorities, acting to reverse the alarming increase in their prevalence.”
She told peers that this would involve ensuring that “the workforce has the right environment to thrive in, personally and professionally”.
Smith pointed to the work of the DfE-commissioned national workload action group, which has been tasked with identifying, and providing solutions to, unnecessary drivers of workload for social workers.
The current agency rules have proved divisive, with the Association of Directors of Children’s Services (ADCS) supportive but wanting them toughened up and agency leaders raising concerns.
Unsurprisingly, agency heads voiced opposition to the DfE’s plans for legislation.
Government plan dubbed ‘reckless’
Kate Shoesmith, deputy chief executive of the Recruitment and Employment Confederation, said: “Introducing sweeping legislation on statutory guidelines before understanding their real-world impact is reckless.
“Flexibility is the lifeblood for many in the sector, if we push to curtail agency work without proper evaluation, we risk losing the very workers we need most.”
Jonathan Wadsworth, managing director of recruitment firm Charles Hunter Associates, said: “Enforcing legislative power to further restrict support from agency providers is simply turning a blind eye as to why there are such high vacancy rates in the first place. Local authorities are not retaining their permanent workforce and this needs addressing first.”
For the ADCS, workforce policy committee chair Nicola Curley said: “ADCS has worked with the department over the last couple of years on a range of measures aimed at limiting the use of agency social workers and we are pleased that this is now reaching fruition formally. We will continue to engage with government on the next phase of its social care reforms.”
What are the agency social work rules?
- Councils should work within regions to agree and implement maximum hourly pay rates for agency practitioners (including employers’ national insurance contributions and holiday pay) in each of the following roles: social worker, senior social worker, advanced practitioner, team manager and independent reviewing officer/conference chair.
- In all contractual arrangements to supply social workers through project teams or packaged arrangements, all workers are identified and approved by the local authority in advance, costs are disaggregated for each worker and any other service and councils maintain complete control of practice.
- Notice periods for agency social workers should be four weeks or in line with that for permanent social workers in the same or equivalent roles where the latter is shorter.
- Councils should not engage social workers as locums within three months of them leaving a permanent post in the same region.
- Councils should only use agency social workers with a minimum of three years’ post-qualifying experience in direct employment of an English local authority in children’s services. Periods of statutory leave taken as part of continuous employment count towards post-qualifying experience and the three years can be gained through several periods of employment.
- Councils should provide a detailed practice-based reference, using a standard national template, for all agency social workers they engage and require at least two such references the same before taking on a locum.
- Councils must (by law) supply the DfE with quarterly data on each agency social work assignment and on their use of locums generally. Assignment data must include the role type, hourly pay rate, start and end dates, the social worker’s registration number and details of whether they are part of project teams or packaged models. General data must include the local authority’s degree of compliance with each rule, explanations for non-compliance, details of price cap breaches, including who signed them off, a list of agencies whose behaviour affected rule compliance and the total monthly cost of the agency workforce.
Bournemouth, Christchurch and Poole 
Hampshire County Council 
Oxfordshire County Council 
South Gloucestershire Council 
Wokingham Borough Council 
Webinar: building a practice framework with the influence of practitioner voice 
‘They don’t have to retell their story’: building long-lasting relationships with children and young people 
Podcast: returning to social work after becoming a first-time parent 
How managers are inspiring social workers to progress in their careers 
Workforce Insights – showcasing a selection of the sector’s top recruiters 
Facebook
X
LinkedIn
Instagram
Well I did not vote for this government but they are proving to be worse than the tories they do not want to address the systems failure so crack on Mr prime minister as u. Continue to try and control exploit us we work many unpaid hours u may find more of a crisis then there is now. But it appears all u people worry about is many targets and offsted
You very right about working a lot of unpaid hours. Also have they considered that locums were found to be much cheaper than perm staff when community care did some research on this some few back? No sick pay, no annual leave , no pension, no phase return, no special leave, must I go on?????
Yes, agreed. Locum social workers do work significantly long hours as we are committed and loyal. If we don’t work, and hard, we do not get paid nor retain our posts, unlike permanent workers who can take time off willy nilly !!! We are worth our weight in gold
Why not take a permanent SW job then?
I agree, also where do they get the idea that agency sw’s are profiteering? Such a false narrative and really damaging.
People just want to paid for doing one of the hardest, thankless jobs in society.
It’s offensive to suggest sw’s are making a profit in any way at all…
You’re so right Jane.
I like you, did not vite this government even though i have in the past.
Labor is meant to be for the people, but how wrong were we!
As an agency social worker with 15 yrs experience, front line and doing the donkeys work, of unpaid hours and overnight with no extra pay, to be told you get paid more, it’s horrendous.
Permanent staff, can ans have taken time off sick and get paid all the rime, especially during Covid, whilst i did not take one day off feeling guilty and wanting to help as much as possible.
This is incredible and makes me feel, worthless!
‘[Jacqui Smith] told peers that this would involve ensuring that “the workforce has the right environment to thrive in, personally and professionally”.
Smith pointed to the work of the DfE-commissioned national workload action group, which has been tasked with identifying, and providing solutions to, unnecessary drivers of workload for social workers.’
What is Jacqui Smith’s contingency plan if they don’t manage this?
Capped London agency SW’s are on £38.50 per hour. This is £74,074. Repeat this is the recently CAPPED rate. I am sure many earn more than this and indeed I approved time sheets way in excess of this.
As a long standing permanent employee in children’s services I am truly tired of colleagues who complain about poverty, austerity and cost of placements and yet have no issue in thinking £75k per year is a reasonable salary for a social worker.
I am thoroughly glad the system is being shaken by the new government. There is too much profiteering by agencies and individuals.
Mmm…now take away holiday pay, 25% pension (that’s what employees and the LA put into pensions), travel expenses, accountant, agency fees and periods of sickness. Not really over £74,000 is it?
Thank you John…this is true, people forget about IR35 whixh requires that we are taxed before we are paid. So that £75k is significantly less now that we can’t use limited companies like we did before.
I have been an agency worker for over 15 years. I enjoy my work and enjoy agency work and will do for as long as I can.
Locums have needs as those same politicians who earn millions of £s. They work their heads off with unpaid hours and take on some of the most complex cases anyone should ever imagine. So, are they not entitled to an average/decent renumeration or profiteering as you have called it? Or its a calling of charitable work not needing a decent wage which for sure is an incentive to stay in the profession.
Whoever wrote this you need to educate yourself the pay rate includes both employer and employee NI.
Employers NI at 15% plus umbrella fees
Agency Sw are not on over 75k
The government really don’t have a clue and are determined to to ruin the country in many ways including depleting the social work force. I will not be dictated to and will leave the profession if my pay is cut. The amount agency workers are paid is the amount the job is worth. We are self sufficient we don’t have sick pay, holiday pay or the benefits employed staff may enjoy . We work hard as we always have to prove our worth and as pointed out work many hours over the 37 we are paid for . It is insulting to say we are any less committed to the children and families we work with. Everyone should have a choice in how they work, we live in a free country …. Well that’s what we are told !
Many agency social workers don’t want to be employed by local authorities (LA) on a permanent contract due to the way they are treated by the LA! Most LAs are corrupt through and through. LA are not there to support or train their staff adequately never mind putting in any of the appropriate measures they are supposed to as an employer. The employment setting for Social workers is ticking boxes and ensuring assessments are completed promptly it is not about the individual or the individual’s families. It is most definitely not about prevention or changing the system. The system is constantly stuck in crisis due to the absolute farse of senior officials being too bothered about what money they take home. Penalizing agency social workers for their wages is not fair by any means. Social workers who are agency or permanent staff should be on the same wage as the level of stress, responsibility and duty is enormous no matter what area of social work we work in. Risk assessing, decision-making and safeguarding people from all different backgrounds is mentally and physically exhausting! I would love to see MPs be able to do the work that social workers do and also have tac to be able to make such life-changing decisions for individuals who are traumatised by the involvement of services in their lives.
The Government agenda should be cutting child poverty and increasing the resources to social workers to carry out their work effectively. The harder they make it for workers there will be no incentive to do the job and many will leave. It is such a stressful profession. That’s why I did not vote all these cowboys want to leave their mark of stupidity. I was right not is much better than the others most of these people do not fully understand the bare minimum of what social workers do.
Wallace and alm the other agency SWs make a very valid point that only agency SW know and understand. We get paid peanuts for the amount of work, unpaid overtime, lack of TM and higher manaherial support, lack of appropriate services, no holiday or sick pay and have to pay higher tax, accountant fees, no job Guarantee and having to work with the most complex and at least, double caseload and manage others and not go sick while permanent sws can take as many sick days as possible, as was the caee un my LA throughout covid. I was one of a handful of other agency sws who worked throughout covid while permanent staff went off sick and hid behind covid sickness and colds and coughs.
Well done new government, you’ve done it again. Alienating the workers who actually are doing something to support the vulnerable and needy!
The local Authority I recently retired from in the SW have invariably been reliant on agency SW’s. Until recently the senior and team managers were largely made up from locums…or interim SLT’s as they were termed.
The appointed senior managers (including Director and Asst Director) would appoint others who they had recently worked with in other local authorities, without a track record of making improvements.
The culture would lead to a tyrannical approach towards established team managers to fulfil their bidding, leading to established managers leaving. SW’s and IROs faced disciplinary measures for failing to meet possible targets set and subsequently an exodus of experienced and established staff leaving. These were the very staff loyal and committed to the local authority and capable of challenging the distorted direction of travel which failed to keep children and families at the heart of their work.
Those replacing managers were often inexperienced in management and supervision and while flattered to be offered positions would subsequently have to do their superiors bidding. What follows is a toxic culture which perversely influences those with decent values ( or simply wishing to survive in the profession to seek agency work elsewhere.
As for no holiday pay etc the agency IRO who occupied the next desk to me was earning around double my salary plus expenses, therefore was still better off in pay than I was at the end of the month regardless as to whether he took a fortnight’s holiday. He and many of the managers amd senior managers interim appointments were counted in years rather than weeks or months whilst a permanent appointmemt was recruited into.
The local authority I retired from.after 22 years now has no frontline workers in statutory safeguarding roles beyond who have been employed for more that 2 years. Many of these have also had periods of sick leave during this tenure.
I have no doubt that the portrayal of my local authority is more common than not and the current measures being legislated are actually a decade too late to prompt a reversal.
The acceptance and actual incentives ingredient of agency work and project teams drafted in has perpetuated the culture of reliance of buying in a workforce by those part of the problem a d creating the norm rather than the exception.
Thankyou for sharing your insights David S!
I always value CommunityCare, not just for the main stories but you the insightful comments from workers ‘on the ground’ that would otherwise go unheard.
Higher management do not seem to recognise the underlying problem of why the best and experienced social workers in a team do not take on senior or management roles, and what problem this then perpetuates.
Instead they often take on the fiercely ambitious, inexperienced and often clueless social workers happy to do the bidding of those who recruited them and oblivious to the issues at the front line.
It’s worth remembering that people don’t leave jobs, they leave managers.
Having been both locum and permanent, I much prefer the latter. I have less money, however I have the safety net of sick pay should it be needed, paid leave and bank Holidays, access to expensive training amd a sense of security and investment in my workplace. As a locum, I was scapegoats, reported to HCPC and was rendered unemployable for 18 months, nearly losing my home and marriage as a result. There are no protections for locum staff, and no amount if money would tempt me back.
Locum – very risky, get their salary, pension and holiday pay weekly. However, the risk is high if they fall sick or need time for bereavement or cooling off.
Permanent – Less risky, get their salary monthly. Get their pension when they retire, get paid when they go holiday, fall sick, including time off work for various reasons.
Last Last Social work is a difficult job and everyone works hard including unpaid overtime. Locum want flexibility and eating all their cake. Permanent want job security, growth and insurance for unforeseen circumstances.
A reform to retain SW is what this govt should be doing and not trying to save cost when there’s nothing to save in the first place. Make the profession appealing to young people and stop dependency on foreign recruitment.
Got to admire the chutzpah of recruitment industry representatives and lobbyists pointing to the problems driving increasing use of agency while profiting mightily from same.
Comments from agency workers that they are not benefitting from the inflated hourly rates when set against loss of holiday pay, sick pay, employers’ NI and other benefits speak to the fact that they are also being exploited by recruitment agencies, many of which making big enough profits to attract investment from private equity.
Everything the Recruitment and Employment Confederation and its members say should be taken in the knowledge that they have vested interests in the maintaining a vicious cycle of poor working conditions that drive churn that drives poor working conditions…