Are Nanny Agencies regulated?

Type ‘nanny agency near me’ into any search engine and you will undoubtedly be presented with page after page of local nanny agencies offering to help you find your perfect nanny in return for a fee.

Which one should you choose? The one with the highest reviews? The one that is closest? The one you have heard of before? Or perhaps the ones at the top of the page advertising? It can be incredibly difficult to decide.

Nanny Agencies that introduce you to nannies, where the family directly employs the nanny, are classed under UK law as ‘Employment Agencies’.

Nanny Agencies who employ the nannies directly and supply the nanny to you are called ‘Employment Businesses’ (sometimes known as supply or temping agencies).

Contrary to popular belief, both types of Nanny Agencies must abide by the rules and regulations set out on the Government website, which are enforced by the Fair Work Agency (FWA).

The FWA has powers to investigate complaints about nanny agencies and can prohibit them from operating where they have broken the law.

It is important to note that Nanny Agencies do not have industry-specific regulations but are regulated under Employment Agency and Employment Business legislation. Specifically, the Employment Agencies Act, The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations), and the Agency Workers Regulations.

So, what should a good Nanny Agency look like if there is no industry-specific regulating body? How do you know that the agency you choose to work with is operating properly and professionally?

Here is our definitive checklist of what to look for when choosing a Nanny Agency to work with:

1. Are they registered with the Recruitment and Employment Confederation (REC)? The REC has a Childcare sector, and all corporate members must comply with the REC Code of Professional Practice, adhere to REC standards, and pass a compliance test.
2. Are they registered with the Information Commissioner’s Office (ICO)? Details of registration should usually be found within privacy policies, website footers, or email footers.
3. Can they provide details of their insurance certificate if requested?
4. Are they registered with a Small Business Association such as the Federation of Small Businesses (FSB)?
5. Can you contact them easily by phone and email during normal working hours?
6. Have they listened carefully to your requirements and offered useful advice and guidance before advertising your role?
7. Have they advertised your role only after you have signed terms, provided all relevant details, and approved the proposed job advert?
8. Do they act in accordance with the Equality Act 2010 and anti-discrimination legislation? You can often gauge this by reviewing the nanny application forms for discriminatory questions such as ‘Are you male or female?’
9. Do they contact you regularly to update you on progress?
10. Can they provide a comprehensive overview of the nannies they are presenting to you for consideration, detailing everything you need to know both legally and in relation to your job specification?
11. Do they provide the two most recent references and, if unable to obtain them, explain what steps they have taken to try to secure them?
12. Can they provide verification of qualifications where required for the role and, if unable to do so, explain what steps they have taken to obtain them?
13. Have they carried out identity and right-to-work checks on the nannies interested in your role and informed you of the outcome before arranging interviews?
14. After confirming the nanny’s identity, have they checked the original enhanced DBS certificate (‘Child Workforce’ and ‘Children’s Barred List’) in person and informed you of the outcome? If the certificate is registered with the Update Service, have they first viewed the original certificate in person before carrying out the online status check?
15. Do they organise interviews for the nannies you have selected and provide appropriate feedback to all parties?
16. Have they recommended a payroll provider and supplied you with an up-to-date template employment contract, along with any other documents you will require when becoming an employer?
17. Does their website contain all the information you would expect to see, such as a trading address, privacy policy, terms of business, named contact details, and evidence that the website is secure?

Our checklist is not exhaustive, but it gives you an insight into what should be happening behind the scenes. If you are ever in doubt, choose a reputable, established, multi-award-winning, and trusted nanny agency such as Harmony at Home.

Harmony at Home has developed a comprehensive framework for all Harmony at Home franchisees and local branches to follow, helping to ensure consistently high standards of safer recruitment, safeguarding, compliance, and peace of mind for parents across the network.

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