Care agency
Before hiring a care agency with your direct payment, you (your nominated person or authorised person) should verify their registration, insurance, and contract terms, and ensure they meet your care plan requirements. These checks protect your safety, finances, and legal responsibilities.
Essential checks before hiring a care agency
- Confirm that the agency is registered with the Care Quality Commission (CQC) . This is the independent regulator of health and social care services in England.
- Check out their inspection ratings and reports on the CQC website.
- Ask for proof of public liability insurance to cover accidents or damage during care delivery; this needs to be checked by you annually.
- Ensure all staff have Disclosure and Barring Service (DBS) clearance.
- Ask about staff training, especially in areas relevant to your needs (e.g., dementia, mobility support).
Review the terms and conditions, including:
- Services provided.
- Cancellation policy.
- Notice periods.
- Charges and payment terms.
- Make sure that the contract aligns with your care and support plan.
- Confirm that the agency's fees fit within your direct payment budget.
- Ask for a breakdown of costs (e.g., hourly rates, travel time, weekend/bank holiday surcharges).
- Check if the agency can meet your preferred schedule and adapt to changing needs.
- Ask about emergency cover or out-of-hours support.
- Keep copies of invoices, contracts, and correspondence. You may need to submit these to your local authority for auditing. If you have a managed account, your support services will do this on your behalf.
Risks of skipping these checks
- Illegal service delivery: Providing personal care without registration is a criminal offence.
- No oversight: You lose the protection of regulatory monitoring and enforcement.
- Funding issues: Kirklees Council may refuse to fund care from an unregistered provider.
Why an agency needs to be CQC registered
If you are hiring a care agency to provide personal care (such as washing, dressing, or toileting), they must be registered with the CQC by law.
What CQC registration ensures
- Safety and quality standards: The agency meets legal requirements for safe, effective, compassionate, and high-quality care.
- Regular inspections: CQC conducts inspections and publishes ratings (e.g., Outstanding, Good, Requires Improvement, Inadequate).
- Accountability: If something goes wrong, you can report concerns directly to the CQC.
- Staff checks: Agencies must ensure staff are trained, DBS-checked, and supervised.
How to check registration
- Visit the CQC website and search for the agency by name.
- Review their latest inspection report and rating.
- Confirm that they are registered for the regulated activity of personal care.
Council's fixed rate vs actual costs
Councils set a fixed hourly or daily rate for care agencies based on their standard commissioned providers. If your chosen care agency charges more than this rate, you can still use it, but:
- You will need to cover the difference between the local authority rates, and the rate you have agreed to pay (also known as a top-up).
- The care agency must be appropriate for your assessed care needs.
For example: If Kirklees Council's rate is £25 per hour and your preferred care agency £30 per hour, you would be responsible for ensuring the additional £5 per hour top-up is placed into your direct payment account.
Policy and guidance
We've updated our direct payments policy and guidance - this will be introduced as user agreements are updated from Summer 2026.