New Government Statutory Guidance: What Does It Mean for Agency Social Workers?

Written by Cieran Donnelly, Head of UK Qualified Social Work

Changes are coming for agency social workers under the new Government Statutory Guidance. Whether you’re an experienced social worker or just starting out, it’s crucial to understand how these changes will impact your role, your assignments, and your future in the field. Read on to find out what’s ahead and how you can stay prepared.

Key dates for change.

In September, the government announced that from 31st October 2024, local authorities will need to comply with all agency rules for new Child and Family Social Work assignments—unless existing contracts prevent this. Local authorities have until 1st October 2025 to bring any old or legacy placements in line with these rules. It’s worth noting that this is the latest deadline, and many authorities are likely to make the transition much earlier.

Price Caps

One of the biggest factors in agency social work is how much each authority can pay its workforce. This has been a hot topic in reform discussions, especially now that the main change involves moving from a national price cap to a regional one.

So, what does this mean? Essentially, local authorities need to work together within their regions to set and implement price caps for child and family workers that everyone must follow. If any assignments go above these caps, they need to be signed off by the Director of Children’s Services (DCS) and the Chief Executive before anything is finalised.

While this is a crucial part of agency social work, it’s not a massive change for many regions, as a lot of them already have established Memoranda of Understanding (MOUs) and pay caps in place. If you’re curious about your region’s MOU, you can check it out here ADCS welcomes “long awaited” Government guidance on use of agency social workers (localgovernmentlawyer.co.uk)

The main thing to keep in mind is that this will primarily only affect workers who are currently earning above these new rates. Local authorities have until October 2025 to ensure that all placements are in line with the agreed regional caps.

Notice period

In a significant effort to support local authorities, social workers, and families, new statutory guidelines have been rolled out to address the issue of assignments ending abruptly. These sudden changes can profoundly affect children and their families, making it crucial to ensure smoother transitions.

A key feature of these guidelines is that while agency workers will have longer notice periods, they won’t be as lengthy as those of their permanent counterparts. This adjustment is vital for fostering a more stable environment for everyone involved, helping to ensure that families receive the support they need without unnecessary disruptions.

Beginning October 31st, all new agency assignments will be set at a notice period of four weeks. However, if the notice period for a substantive staff member in the same or equivalent role is shorter than four weeks, the agency assignment will match that period. This adjustment aims to streamline transitions and foster greater stability within the workforce.

When it comes to agency assignments, the notice period should ideally be a mutual agreement between the agency worker, and the local authority. However, there are situations where working the entire notice period may not be appropriate. For example, compassionate grounds exceptional circumstances or in cases of gross misconduct and may warrant flexibility.

“Cool-off” period

Much like the price caps mentioned earlier, several regions in England already have cooling-off periods in place for permanent staff transitioning to the agency workforce. However, this change will have the most significant impact on certain Local authorities in the Southwest and Northwest, where a regional cooling-off period has not yet been introduced.

From the 31^st of October, the rules set out a minimum three-month regional cool-off period. To check what region the local authorities you wish to work for are in check below.  It is important to note that this is a minimum requirement, and regions may decide to have a longer cooling-off period than the minimum requirement.

Agency rules- statutory guidance for local authorities on the use of agency child and family social workers (publishing.service.gov.uk)

References

One of the most welcomed changes in the industry is the new focus on detailed practice-based references. Starting October 31st, local authorities (LAs) will be required to provide a comprehensive reference using the standard agency template, no matter how long the assignment was.

LAs will also need at least two detailed references before taking on agency workers, although some regions or authorities might ask for more. It’s worth noting that this is just the minimum requirement.

These changes aim to boost transparency and ensure high professional standards, making the process smoother for everyone involved.

Project Teams

in my opinion, the most welcome change in the new guidance is the updated rules around the use of project teams. The goal is clear: if LAs are to use project teams, they will need to be able to better manage costs and maintain oversight, ensuring that social work practices truly benefit children and families. Local authorities must also ensure that any contractual arrangements to supply agency social workers through a project team comply with the rules below and all other statutory guidance.

Project teams rules

1. Get prior approval from the local authority for all child and family social workers involved.
2. Break down costs for each child and family social worker, along with any other services provided.
3. Set up governance that ensures the local authority has full oversight, control, and management of the social work being delivered.

local authorities (LAs) also need to make sure that any agency social workers in project teams or other packaged models stick to all the rules laid out in the statutory guidance, including price caps and references. What’s interesting is that with the same cap applied to project team social workers, and the possibility that these rules could affect workers' IR35 status, it really raises the question: Are project teams even necessary moving forward?

Post Qualifying experience

One of the most debated topics during the recent stakeholder consultations has been the post-qualifying experience level for agency social workers. The main goal behind this rule in the new guidance is to ensure that social workers stepping into statutory children’s social care roles get the time, support, and supervision they need to succeed.

By focusing on giving new social workers enough space to grow, reflect, and access local authority (LA) support, this rule aims to help them build a solid foundation of practice.

What Experience is needed?

Starting from 31st October, local authorities (LAs) will only be able to hire social workers for agency roles if they have at least three years of direct experience working in an English local authority. This rule applies to all agency and family social workers, no matter how they got into the profession.

So, what counts as those three years? It can include time spent in direct employment with a local authority while taking part in post-qualifying development programmes, like the Assessed and Supported Year in Employment (ASYE).

The three years of Post-Qualification Experience (PQE) can come from one job or multiple jobs, and it doesn’t have to be within a specific three-year period. If you take statutory leave as part of continuous employment, that time counts towards your PQE. But unpaid career breaks, voluntary work for a local authority, and time spent practicing outside England won’t be counted.

It's also worth mentioning that the PQE requirement specifically refers to English local authorities, so social workers who have built up their experience in Scotland, and Wales, and recruiting LA’S on the border might find themselves affected by this change.

In conclusion, the new statutory guidance is set to shake up the children’s social work market—but just how much remains to be seen. One thing is clear though: it’s more important than ever for experienced social workers to connect with specialist local authority recruiters who truly understand the landscape.

Finding the right role, one that values your experience and offers a supportive environment can make all the difference. On the flip side, working with agencies that don’t fully grasp the new rules could lead to frustrating delays and even harm your career prospects. So, choosing the right recruitment partner isn’t just a nice-to-have—it’s essential for navigating these changes smoothly and keeping your career on track.