Questions to ask an individual carer before you hire them

Before you hire an individual carer, ask whether they would be your employee or genuinely self-employed, and ask to see an Enhanced DBS certificate, proof of the right to work, references, training records and insurance. If you pay a carer directly, you are usually their employer, with legal duties covering payroll, pensions, holiday and insurance.

At a glance

• Paying a carer directly makes you their employer, even if the money comes from a council direct payment or the NHS.
• You cannot apply for a DBS check on a self-employed carer or personal employee. They apply for themselves and choose whether to show you the certificate.
• Employers must check the right to work before the carer starts, and must hold employers’ liability insurance of at least £5 million.
• Directly employed carers are usually not inspected by CQC, so your own checks matter more.
• An agency carries the employer duties for you. See care agency vs private carer to compare.

Is an individual carer self-employed or your employee?

Status depends on how the arrangement works in practice, not on the label in a contract. GOV.UK says you are usually the employer of anyone you hire to work in your home who is not self-employed or paid through an agency. That includes carers and personal assistants you pay directly, even when the money comes from a council direct payment or the NHS.

Skills for Care describes a genuinely self-employed carer as someone who has two or more customers, promotes their own service, agrees their own terms, invoices for work done and receives no holiday or sick pay. If you set the days, the tasks and the routine and the carer works only for you, the arrangement may be employment whatever the paperwork says. GOV.UK states that you cannot ask an employee to become self-employed, and that getting status wrong can lead to unpaid tax and penalties.

Questions to ask:

• Are you self-employed, and are you registered with HMRC as self-employed?
• Do you have other clients, and will you invoice me?
• Who will arrange cover when you are ill or on holiday?
• Would you prefer to be paid as my employee through payroll?

GOV.UK has an online check of employment status for tax. If you are unsure, use it before the first shift, and ask the council which organisations can help individual employers if you receive a direct payment (see direct payments and personal budgets).

What should you ask about identity, DBS and right to work?

Ask for photo identification, an Enhanced DBS certificate and proof of the right to work. These three checks answer different questions: who the person is, whether police or barring information exists, and whether they can legally take the job.

DBS certificates

GOV.UK says that if you hire a self-employed person or personal employee to support you or a family member, you cannot request a DBS check for them. They have to apply themselves, through a DBS umbrella body, and you check the certificate. DBS guidance says that from 21 January 2026 some self-employed workers and personal employees, including carers, can apply for an Enhanced check where they are eligible, sometimes with a check of the Adults’ Barred List.

The certificate belongs to the carer, so sharing it is their choice. If they share it, check that:

• you are seeing the original, not a photograph or copy
• the name matches photo identification such as a passport or driving licence
• the issue date is recent enough for you, as certificates have no official expiry date
• it covers the adult workforce, and whether they are signed up to the DBS Update Service so changes can be checked

A DBS certificate is not a pass or fail test. Read it alongside references and your own judgement. These rules apply in England and Wales. Scotland uses Disclosure Scotland and Northern Ireland uses AccessNI. Older Skills for Care advice (June 2023) also notes that individual employers can ask a local authority or NHS organisation to arrange checks, so ask yours if you hold a direct payment or personal health budget.

Right to work

If you employ the carer, you must check they are allowed to work in the UK before they start. British and Irish citizens show original documents such as a passport. Other applicants give a share code for an online check. Keep a copy and note the date. GOV.UK says an employer who has not carried out a correct check can face a civil penalty.

What should you ask about experience, training and references?

Ask for specifics, not general reassurance. Useful questions include:

• Which tasks have you done before: personal care, hoisting, continence care, dementia care, help with medicines?
• What training have you completed in moving and handling, first aid, safeguarding and medicines, and can I see the certificates?
• Can I speak to two recent referees from care roles, by phone?
• Why did your last role end?
• What would you do if my relative refused a wash, had a fall or seemed confused?
• What hours can you work, and how much notice do you need for changes?

Skills for Care expects independent care workers to be trained and competent and to follow the Code of Conduct for support workers in England. It suggests that a good portfolio includes an enhanced DBS check, public liability insurance, references, risk assessments, a complaints procedure and safeguarding procedures. Link answers to your relative’s needs: see the care needs checklist and what a home carer can do.

Warning signs include a carer who will not share a DBS certificate or references, asks to be paid only in cash with no records, resists a written agreement, or asks for bank cards or PINs. Read scams targeting older people and agree clearly that the carer never handles money without a record.

What insurance and protections should be in place?

If you employ a carer, GOV.UK requires employers’ liability insurance as soon as you become an employer, covering at least £5 million with an authorised insurer. You can be fined £2,500 for each day you are not properly insured, and £1,000 if you do not display the certificate. The only exception is employing a close family member or someone based outside England, Scotland and Wales.

A self-employed carer arranges their own cover. Ask for proof of public liability insurance and check what it includes.

Regulation also works differently. CQC exempts a care worker who is directly employed by the person (or a related third party), works wholly under their direction and control and has no agency managing the care. CQC therefore does not register or inspect that carer, as it does with agencies. Skills for Care adds that this arrangement suits people who can choose, instruct and manage their carers, or who have a representative with lasting power of attorney to do so. See lasting power of attorney if you may need to act for a relative.

What are your duties as an employer?

Employing a carer brings legal responsibilities. This table summarises the main ones from GOV.UK and The Pensions Regulator.

These duties apply whether you use your own money or a direct payment. If you want fewer of them, an agency or a payroll service may suit better. A written agreement on tasks, hours, notice and the first weeks also helps. See the first week of home care for what to expect.

How does an individual carer compare with an agency?

CQC says registered home care agencies must select suitable workers, provide induction, training and supervision, and monitor quality. The Pensions Regulator notes that if an agency pays the carer’s National Insurance you do not need to do anything about auto-enrolment. Our guides on choosing a home care agency and questions to ask a care agency help you compare.

Frequently asked questions

Do I have to pay a private carer’s tax and National Insurance?

If the carer is your employee, yes. You register as an employer, run payroll and deduct Income Tax and National Insurance, even if you pay in cash. A genuinely self-employed carer handles their own tax, but check their status carefully first.

Can I ask a private carer for a DBS check?

No, not directly. GOV.UK says you cannot request a DBS check for a self-employed person or personal employee. They must apply themselves, where eligible, and then choose whether to show you the certificate.

Do I need insurance to employ a carer?

Yes. Employers’ liability insurance of at least £5 million is required as soon as you become an employer, unless you only employ a close family member. A self-employed carer should hold their own public liability insurance.

Are private carers regulated by CQC?

Usually not. A carer directly employed by you and working wholly under your direction, with no agency involved, is exempt from CQC registration. Agencies that manage and direct carers must register and are inspected.

Is a private carer cheaper than an agency?

The hourly rate may be lower, but employing directly adds employer costs and tasks: National Insurance, holiday, pension contributions, insurance, payroll and arranging cover. Compare the full cost and the work involved, not only the hourly rate.

Where to get help next

Start with care agency vs private carer, then use the care cost calculator to compare costs. You can also read about home care contracts and signs of neglect by a carer, or browse home care providers on The Care Panel. If something goes wrong, how to complain about home care explains the routes open to you.

Sources

• GOV.UK: Employing someone to work in your home
• GOV.UK: Check someone’s criminal record
• GOV.UK DBS: A guide for parents and carers employing self-employed workers or personal employees
• GOV.UK: Employers’ liability insurance
• Skills for Care: Self-employed carer guide
• CQC: Personal care, ongoing role, introductory agencies and individual care workers

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.