Agency application and appeal procedures

NHS Employers has taken over the responsibility for the implementation of the Code of Practice and managing the list of commercial agencies that adhere to the code. The following information highlights the main points relating to the procedures followed when applications or information is received relating to commercial recruitment agencies and the Code of Practice.

Entry onto the list

Agencies are required to complete a questionnaire, which must be signed by the managing director of the company. This questionnaire confirms the following:

• a commitment to fully adhere to the Code of Practice;
• the business practice of the agency; and
• a declaration of all associated business activities relating to the commercial recruitment of healthcare professionals.

If, after examination of the application and resolution of any queries, an agency is not successful in being placed on the list they will be advised of the reason in writing. The following procedure then comes into effect:

• a waiting period of three months before the agency can reapply; and
• when reapplying, an agency must show that it has changed its business practice in order to be placed on the list.

Removal from the list

A recruitment agency will only be removed from the list of agencies if, following a thorough investigation the agency is found to be in breach of the code. Recruitment agencies can appeal against this removal to NHS Employers. All appeals must be made in writing.

It is vital that agencies understand that each case will be investigated in the way that is appropriate to the circumstances surrounding each case. The investigation process will be carried out fairly and each case will be reviewed in a timely manner. If the agency is found not to be in breach of the code, the agency will remain on the list with no further action taken.

The following process is undertaken.

• NHS Employers receives information that indicates the agency is in breach of the code and immediately begins an investigation.
• If appropriate, the agency will be contacted to clarify their business activities.
• The agency response is considered and, where necessary, further investigation is undertaken.
• If the agency is found to be in breach of the code, they will be removed from the list.
• NHS trusts and Scottish NHS health boards are informed of the removal so as to take any appropriate action concerning contracts.
• At this stage the agency can appeal to NHS Employers by providing any further relevant information for consideration.
• If the agency appeal is upheld, the agency will be placed back on the list and NHS trusts and Scottish health boards informed.
• A six-month waiting period comes into effect before the agency can apply to the placed back on the list.
• To reapply, an agency will need to provide evidence that it has changed its business practice.
• The agency will either be accepted or declined.
• If declined, the agency will need to wait an additional three months before reapplying.