Checking agency workers: what to see before the first shift

The short version

CQC treats agency workers as people you employ. You need the same recruitment information for them as for your own staff.
The agency can carry out the checks, but you have to satisfy yourself that they are complete.
Ask for a written summary for each worker before the shift, and copies of documents when you need them.
Check photo ID when the worker arrives, and keep the summary on file.

Why it’s still your responsibility

Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 says the people you employ must be fit and proper for their role. CQC’s guidance reads “employed” widely, so agency and bank staff count.

CQC accepts that someone else may do the recruitment checks. When that happens, its guidance says providers “must assure themselves that all checks are complete and satisfactory”. Being told a worker is “fully compliant” isn’t enough on its own. You need to see what was checked and when.

What the agency has to do

Agencies that supply people to work with vulnerable adults have their own legal duties under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Before supplying a care worker, the agency must:

get copies of the worker’s relevant qualifications and offer you copies
get two references from people who are not relatives of the worker, and offer you copies
take all other reasonably practicable steps to confirm the worker is suitable.

If the agency can’t do all of this, it has to tell you, and tell you what steps it did take. So you are entitled to ask for copies, and a good agency will offer them without being asked.

Right to work. Under the Home Office rules in force from 1 October 2026, the agency that supplies a temporary worker is responsible for the right to work check. You don’t normally need to repeat it, but ask the agency to confirm it was done and when.

What to ask for before the first shift

The information CQC expects is listed in Schedule 3 of the 2014 Regulations. For each agency worker, ask the agency to confirm in writing:

Identity: full name and a recent photo.
Right to work: that it was checked, the date, and any expiry date.
DBS: the level of check, certificate number and issue date, and whether barred list information was included. For hands-on care roles this is normally an enhanced check with the adults’ barred list. If the certificate shows anything, ask how the agency assessed the risk.
Conduct in earlier care work: references covering previous health or social care roles, and why those roles ended.
Qualifications and training: what the worker holds, with dates and expiry dates.
Employment history: a full history, with a written explanation of any gaps.
Health: confirmation that the worker is able to do the role, with any reasonable adjustments they need.

What a good compliance summary looks like

A good summary is one page per worker. It is dated, names the person at the agency who verified each item, shows expiry dates, and arrives before the shift starts.

Be cautious if a profile:

says “fully compliant” with no detail or dates
arrives after the worker does
has training or DBS details missing
comes from an agency that can’t produce copies when you ask.

When the worker arrives

Check their photo ID against the summary you were sent.
Give a short induction: fire procedures, the layout, the people they’ll support and who to report to.
Note that you did both, with the date.

Keep a record

File the summary with your staffing records. A CQC inspector can ask to see recruitment information for anyone who has worked in your service, agency staff included, and CQC’s own guidance says a failure to evidence safe recruitment is likely to be a breach of the regulation.

This guide is general information for services in England, not legal advice. Rules change, so check the sources below for the current position.