DfE Statutory Guidance: What Social Workers Need to Know Before October 2025

The introduction of the DfE statutory guidance has sparked significant discussion. However, the reasons behind its implementation haven’t received the same level of attention. One of the primary aims of this guidance is to minimise disruption for children and families while ensuring more consistent and meaningful relationships. This will be achieved through the development of expertise, improved quality, and stronger supervision within agency assignments.

Key Implementation Dates

As the guidance comes into effect, there are two crucial dates to keep in mind:

• 31st October 2024 – From this date, all new agency placements must comply with the statutory guidance.
• 1st October 2025 – The guidance will extend to all agency placements, including both new and existing (legacy) placements

Government Action on Regulation of Agency Social Work

The government is making swift progress in developing statutory guidance and exploring the regulation of agency staff in children’s social care. On 28th January, the committee reviewing the Children’s Wellbeing and Schools Bill endorsed the measure without dissent.

A key provision of the bill, Clause 18, would grant the government the power to regulate how local authorities use agency social workers in children’s social care. Before drafting these regulations, the government would be required to consult stakeholders, and the final regulations would need approval from both Houses of Parliament. However, once presented, there would be no opportunity to amend them. The government has indicated that the content of these regulations is likely to mirror the existing rules, but unlike the current system, they would be legally binding.

Regional Price Caps for Agency Social Workers

Local authorities are expected to collaborate within their regions to establish and enforce agency child and family social worker price caps, ensuring consistency across all local authorities in the area. While these agreements have previously been governed by Memorandums of Understanding (MOUs), it is crucial for social workers to be aware of the upcoming changes.

From October 2024, social workers receiving rates above the agreed pay caps will no longer be able to secure offers exceeding these limits. By 2025, all assignments must be brought in line with the regional price caps. Local authorities will continue discussions on regional pay caps and are required to submit updated regional cap figures by 1st August 2025.

These changes highlight the government’s push for greater regulation and consistency in agency social worker pay, ensuring a more stable and sustainable workforce across the sector.

Impact of the New Rules on Project Teams

Under this rule, all work delivered via a project is likely to fall within IR35, meaning agency social workers engaged in such arrangements would be subject to PAYE tax regulations. Additionally, with project teams required to follow the broader statutory guidance, this raises the question of what advantages—if any—these project-based structures would continue to offer.

For social workers currently working within a project team, this could be a crucial moment to explore alternative opportunities. Reaching out to a Qualified Social Worker (QSW) talent partner could provide valuable insights into the wider job market and help identify new roles that align with their skills and career goals. By proactively considering their options, social workers may uncover a broader range of opportunities that offer greater stability and long-term benefits.

To managers of local authorities considering the use of project teams, I would strongly encourage you to reach out for a conversation. Based on my experience, engaging with your contingent recruitment partner can offer you a wider range of options and a stronger skill set, all without causing disruption to your existing workforce.

How Much Notice Should I Give?

One key aim supported by both local authorities (LAs) and social workers is to minimise frequent, short-notice moves and to ensure that social workers have adequate time to fully complete important handover notes.

With the extension of notice periods to four weeks or the same length as the contractual notice period for substantive staff, this goal of consistency can be maintained.

While there are options to reduce the notice period in certain circumstances, it’s important to highlight that LAs have been advised not to engage with Qualified Social Workers (QSWs) who do not complete their full notice period. Furthermore, LAs are encouraged to document this in any references to ensure a clear record of adherence to professional standards. For this reason, it is key to speak with your managers before leaving.

Understanding the Cooling-Off Period for Permanent Workers

The introduction of a cooling-off period for permanent workers wishing to start agency assignments may not be a significant change for most regions across the UK. However, in some areas—such as the South-West and North-West—this is the first time such a cooling-off period has been implemented.

It’s crucial to have a conversation with your dedicated talent partner, who will be able to advise you on whether this period is achievable for your specific situation. If the cooling-off period is not mentioned by the agency, it’s important to be cautious, as this will come up during interviews and the compliance process. Failing to follow the correct guidance could result in your position being retracted, so ensuring you’re given the right advice from the outset is key.

The Importance of PQE Under the New Guidance

Post-Qualified Experience (PQE) is arguably the most significant change introduced by the new guidance. The rule states that local authorities (LAs) should not engage with any social workers who do not have three years of direct experience in an English local authority.

It's crucial to understand what qualifies as PQE. The guidance specifies that direct experience refers to permanent employment within an English local authority, meaning experience gained in Wales, Scotland, or Ireland does not count. This experience can be accumulated through one placement or several over time. Furthermore, post-qualifying developmental programmes, such as the Assessed and Supported Year in Employment (AYSE), do count towards the three years of PQE.

As a social worker, I recommend updating your CV to clearly differentiate between permanent experience and agency assignments. For those lacking this experience, it’s advisable to secure a permanent role as soon as possible. As we approach October 2025, competition for permanent positions will increase, making it harder to secure a role.

Can I Get a Reference?

One of the most important changes in the new guidance relates to references, an area that many locums’ social workers have historically struggled with when leaving local authorities.

The guidance states that local authorities (LAs) must provide a detailed, practice-based reference using the agency reference template for all agency and family social workers, regardless of the length of their assignment.

To ensure a smooth transition between roles, social workers should proactively complete this process in agreement with their managers. It is also highly advisable to request a copy of the reference before leaving an assignment to avoid any delays when securing future roles.

Navigating Change Under the DfE Statutory Guidance

The introduction of the DfE statutory guidance marks a significant period of transition for local authorities (LAs), social workers, and agencies. As with any change, challenges may arise, but it’s important to recognise that this guidance is not intended to undervalue the incredible work done by both agency and permanent social workers.

If you have concerns about the new guidance, stay informed and be cautious of agencies suggesting ways to bypass the process. If you need further clarification, feel reach out to one of the many Qualified Social Worker (QSW) specialists in Commercial Services Group who can help you navigate these changes and find the right role for your career.