Section 32A — Use of agency workers for children’s social care work

(1) [F1 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) [F1 An “agency worker” is an individual—]

(a) [F1 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) [F1 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) [F1 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) [F1 The regulations may, in particular—]

(a) [F1 require that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements;]

(b) [F1 make provision about the way in which such agency workers may be managed;]

(c) [F1 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) [F1 Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.]

(6) [F1 Regulations under this section are subject to the affirmative resolution procedure.]

(7) [F1 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).]

Amendment notes

1. 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)