Part 1 E+W+S Children

CHAPTER 3 E+W Other provision relating to children's social care

[F1 Children’s social care: use of agency workers E+W

Textual Amendments

F1 S. 32A and cross-heading inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 21, 78(1)(a)(5)

32A Use of agency workers for children’s social care work E+W

(1) The Secretary of State may by regulations impose requirements on English local authorities about the use of agency workers in connection with the children’s social care functions of those authorities.

(2) An “agency worker” is an individual—

(a) who is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, and

(b) who is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal.

(3) The “children’s social care functions” of an English local authority are its functions under any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970, so far as those functions relate to persons under the age of 18.

(4) The regulations may, in particular—

(a) require that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements;

(b) make provision about the way in which such agency workers may be managed;

(c) make provision about the terms on which such agency workers may be supplied to English local authorities (including the amounts which may be paid under such arrangements).

(5) Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) Regulations under this section are subject to the affirmative resolution procedure.

(7) In this section—

• “English local authority” means—

  (a)

  a county council in England;

  (b)

  a district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London (in their capacity as a local authority);

  (e)

  the Council of the Isles of Scilly;

  (f)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “worker” and “worker’s contract” have the same meanings as in the Employment Rights Act 1996 (see section 230(3) of that Act).]