Employing Carers for Your Child: Recruitment
WellChild and Irwin Mitchell have worked in partnership on this article, in which we set out the key considerations for employing carers for your child.
This article has been created by Joanne Moseley, Lead Practice Development Lawyer at Irwin Mitchell. If you have any queries you can get in touch with Joanne by email at [email protected] or call 0370 1500 100 Extension: 5217.
WellChild and Irwin Mitchell share a vision to help build stronger communities. We have teamed up to create a legal section for the WellChild Information Hub. This article on Employing Carers for Your Child is part of a series of legal articles aimed at families with children who have complex medical needs.
This article will walk you step‑by‑step through the process of employing a carer for your child, highlighting the key considerations at every stage of recruitment. Along the way, you’ll find practical tips from parents of children with complex medical needs, sharing what they’ve learned first‑hand. You can also download our Employing Carers Checklist to support you throughout the process.
Employing a Carer
If your child needs extra support at home, hiring a carer may be essential. If you manage your child’s Personal Health Budget through direct payments, you are responsible for arranging their care. You may do this in one of two ways:
Option 1: Employing a carer directly
If you employ a carer to look after your child, you will become their employer – even if you get money from your local council or the NHS to pay for them. The carer will have various employment rights. Some of these apply during the recruitment process and others apply from the first day of their employment.
Option 2: Hiring through a care agency
If you use a care agency to find and manage your carer, they will be responsible for the carer’s employment and will have to deal with insurance and meeting the legal rules. However, this option is likely to be more expensive.
See our article on Carers and Personal Assistants In Your Home for pros and cons of each option and some top tips for managing a carer in your home.
Recruitment
Click on each of the yellow boxes to find out more about each step in the recruitment process.
To find a suitable candidate, you can either:
- Advertise directly for a suitable carer.
- Use an agency to find candidates.
To find the best person for the job:
| Do: | Do not: |
|---|---|
| Focus on the key elements of the role. | Include unnecessary requirements. |
| Create a job description. | Use words that suggest that you won’t employ someone because they have a ‘protected characteristic’. |
What Is a Protected Characteristic?
There are nine protected characteristics which are:
- Age
- Disability (this has a specific meaning and can include conditions that may not be obvious, such as diabetes)
- Gender reassignment
- Marriage and civil partnership
- Race
- Religion or belief
- Sex
- Sexual orientation
Example of a Discriminatory Post
Advertising for a carer aged 20 – 35 discriminates against older candidates. That’s because there is no reason why someone who is aged 36 years or older would not be suitable for the role. Similarly, you cannot specify race or religion.
Am I Allowed to Ask for a Male or Female Carer?
Yes, in some circumstances. There are certain situations where it is legal to ask for a carer of a specific sex, if you feel you need to.
When Is This Allowed?
If your child needs help with personal care, such as toileting, bathing, or dressing (which isn’t always counted as personal care), you can ask for:
- A female carer if your child is female.
- A male carer if your child is male.
This is to protect your child’s dignity.
What Do I Need to Say in the Job Advert?
Your advertisement should say that the role is subject to an ‘occupational requirement under the Equality Act 2010’ and is necessary to preserve your child’s dignity.
The law on this is complicated. It’s a good idea to get specific advice from a specialist employment lawyer before you advertise.
Parent’s Top Tips for Finding A Suitable Candidate
Here are a few suggestions from parents of children with complex medical needs about where to find carers:
- Talking to your current carers
- Talking to other parents
- Through schools or playschemes that your child has attended
- Through hospitals
One of the advantages of employing a carer that already works with your child is that you can see what the relationship between the carer and your child will be like before employing them.
The interview can be a good time to get across expectations and the job role. Here are some tip tips from parents on how to find the best person during the interview process.
Start With a Phone Call
Begin with a quick phone call. Check that you and the carer agree on the basics before meeting in person. If they aren’t the right person for your child, you will be able to get a sense of this before taking things further.
Meet the Family
Arrange a visit so the carer can meet everyone. This helps you see how they get along with your child.
Ask for Your Current Carers to Help With the Interview Process
If you already have carers, invite them to join the interview. They can help you decide if the new person will fit in.
Explain Your Child’s Needs
Tell the carer what your child needs and what training is required. Training can take a few months, so make it clear you need someone for the long term. Be honest and encourage them to do the same.
Talk About Boundaries
The carer will be in your home, so discuss rules early. For example:
- What can they do while your child is sleeping?
- Will they drive your car?
- If they take your child out, what activities are allowed?
Take Your Time
Depending on your situation, it can be worth spending a few months to find the right person instead of hiring the first one available. Finding the right carer saves time later because you won’t need to keep training new people.
Once you have chosen a candidate, you can offer them a job. You must do this in writing.
What Should the Written Offer Include?
Your offer should make it clear getting the job depends on:
- Receiving suitable references.
- Checking their qualifications.
- Having the right to work in the UK.
- Completing a DBS check.
This means that you can withdraw the offer if you are unhappy with any of these criteria.
Why Does This Matter?
If you don’t make the offer conditional on these checks and later change your mind, you will break the contract. You would then have to pay the person the notice period written in the contract. This is because, once they accept your offer, the job contract is legally binding, even if they haven’t started work yet.
If you’ve listed specific qualifications as an essential requirement of the job, you must check that your preferred candidate has these.
Look at Certificates
Ask to see the original certificates. Make copies and keep them safe.
Confirm with the Awarding Body
You can contact the organisation that gave the qualification to make sure it’s real. The candidate must agree to this in writing. Some recruitment agencies can do this for you, but they may charge a fee.
For Nurses
If you are recruiting a qualified nurse, you can check that they are registered on online register.
What To Expect From The Referee
Most employers keep references short. But they should confirm:
- The candidate’s job title is correct.
- The dates they worked are accurate.
- The reason for leaving is true.
You must make sure that your chosen candidate has the right to work in the UK before they start work. This is the law for all employees, even if you think they are a UK national.
What Type of Check Should I Do?
The check you need to do depends on the person’s immigration status.
If The Candidate Is A British Or Irish National
- Check their passport to make sure it is genuine.
- If they don’t have a passport, there are other documents you can use. See the government guidance for details.
- Take the original documents, make copies that cannot be changed, and record the date of the check.
- Keep these copies safe for the whole time they work for you, and for two years after they leave.
If The Candidate Is NOT A British Or Irish National
- Use the Home Office online portal to check their right to work.
- The candidate will give you a share code from their online UKVI account.
- Use this code to confirm they can work in the UK and as a carer.
- Print and keep a copy of the online check for their employment period and two years after they leave.
- If their visa has an end date, set a reminder to check again before it expires.
Why Is This Important?
If you are found to be employing an individual who does not have the right to work for your organisation, and you did not do the correct checks, you may be fined up to £60,000 for each illegal worker.
Because of the nature of this job, you must check the candidate’s criminal record. This is called a Disclosure and Barring Service (DBS) check.
Enhanced DBS Check
You can ask for an enhanced check if the carer will look after a child under 18 who is ill or disabled and will help them with:
- Eating or drinking
- Washing or dressing
- Going to the toilet
- Other personal care tasks
Scotland and Northern Ireland
The rules for criminal record checks are different in Scotland and Northern Ireland. Make sure you follow the correct process for your location.
Click here to see the government’s step by step guide for the recruitment process.
Download Our Employing Carers Checklist
Have a look at our downloadable checklist for the steps for employing carers for your child:
The information in this article was correct at the time of publishing but may be subject to change
If you have any comments, ideas, or suggestions about this article don’t hesitate to get in touch with us at [email protected]
Please don’t forget to leave feedback on this article!
Joanne Moseley, Lead Practice Development Lawyer
Rachel Carluke, Family Information Officer
First published: January 2026
Review due: January 2027
