Contribution
My Lords, this stand part notice is to probe, and therefore understand, what changes the Government intend to make to the regulation of agency social workers and how those changes will work in practice.
I am very well aware of the concerns about social worker recruitment, but I was in fact slightly surprised when preparing for this debate to find that, as of 30 September 2024, there were 34,300 children and family social workers in total, which I gather is the peak since data started to be collected in 2017; and 6,500 agency social workers, which is the lowest since data collection started. Vacancies fell by 6.9% year on year, there was a drop in staff turnover of 13.8% and the average caseload fell to 15.4%. The vacancy rate is still high at 17%, but down from 22% in 2022, and 76% of vacancies were filled by agency social workers. Retention has improved, with the number leaving to work in an agency falling by 38%, while the number of social workers leaving the profession entirely fell by 5.3%. So I know the situation on the ground is extremely difficult, but I think it is helpful to have a bit of context.
As I understand it, in terms of the current regulatory environment, agency children and family social workers are covered by the Agency Rules: Statutory guidance for Local Authorities on the Use of Agency Child and Family Social Workers of September 2024. As I understand it, this has the same aims as the proposed regulations: to control costs, improve quality, reduce turnover and ensure that governance is retained by local authorities. Two main requirements are planned to be implemented this year: first, there must be data collection by local authorities on the number of agency workers, with the first submission having happened in April and May 2025; and, secondly, that local authorities must submit plans on locally agreed price caps by this October. The main thrust of Clause 19, therefore, is to make regulations for what is already covered in statutory guidance.
The department’s policy summary says that the Government intend to regulate
“a broader cohort of agency workers than child and family social workers including, but not limited to, social workers”—
forgive me for being slow, but it is not the clearest explanation. The summary goes on to state:
“The regulations are likely to include similar provision to the current statutory guidance which currently applies to social workers only, but to a wider cohort of workers”.
Sir Humphrey would be proud.
In the other place, the Minister for School Standards said on 28 January that this could include
“agency workers delivering targeted early intervention or family help”.—[Official Report, Commons, Children’s Wellbeing and Schools Bill Committee, 28/1/25; col. 234.]
I therefore ask: are the Government’s plans restricted to these two groups only, and if not, who else will be covered? How many of those workers are there nationally? And what is the current cost of agency workers in the different categories to local authorities? The proposal to expand the replacement regulations to a wider cohort is not defined anywhere in the Bill or the accompanying policy summary, so it would help to understand the Government’s intentions better.
Can the Minister also explain how the regulations will differ in terms of local discretion from the current statutory guidance? I am unclear on this, but perhaps suspicious that it might result in a more directive approach from the department and less discretion for local authorities themselves. Can she confirm that there will be exceptions to the specific requirements detailed in the regulations, for example for payments above the national rate if there is a local staffing crisis?
The Minister knows that the use of agency workers varies greatly across the country, but the powers in this clause are wide-ranging and—yet again—are going to be set out in regulations. The powers in new Section 32A(4)(b) and (c) appear to be very broad indeed, including about how social workers will be managed and the terms on which they may be supplied, including the amounts that may be paid under such arrangements. This would allow the Secretary of State to set payment rates from Whitehall. I wonder whether the noble Baroness can explain to the Committee why this is a good idea.
The fundamental problem underlying this clause is, as we debated in the area of children’s homes and foster placements, a shortage of capacity. No local authority is using agency workers other than because it has no choice but to do so. The previous Government had taken steps to address this with the Step Up to Social Work scheme and the creation of social work apprenticeships. Can the Minister update the House on the progress of these? I beg to move.