Blog by Flexzo

Why Budget Caps Won’t Fix NHS Agency Overspend

Published On: April 7, 2025

Agency spending in the NHS continues to be a hot topic for healthcare leaders and policymakers alike. With billions being spent each year on temporary staffing, it’s no surprise that budget caps have been proposed as a solution. But do these caps actually work, or are they simply treating the symptoms rather than addressing the underlying condition?

The Appeal Of Budget Caps

On the surface, agency spending caps seem like a straightforward solution. Set a maximum limit on what trusts can spend on agency staff, and they’ll be forced to find alternatives. Since their introduction in 2015, caps have been implemented in various forms across the NHS, with the goal of reducing the £3.3 billion annual agency bill.

The logic is simple: if you can’t spend more than a certain amount, you’ll have to manage within those constraints. It’s the same principle many of us apply to household budgets. But healthcare staffing isn’t quite so straightforward.

Why Caps Alone Aren’t Working

Despite years of caps being in place, agency spending remains stubbornly high. In fact, many trusts regularly breach their caps, citing patient safety as the justification – and they’re not wrong to do so.

Safety trumps spending limits

When a ward is dangerously understaffed, the immediate priority is patient safety, not financial compliance. Clinical leaders face an impossible choice: breach the spending cap or risk unsafe care. Given this choice, the decision to exceed the cap is both understandable and ethically necessary.

A busy A&E department can’t simply turn patients away because they’ve reached their agency spending limit for the month. The patients still need care, and that care requires adequate staffing levels.

Caps don’t address the underlying shortage

Budget caps do nothing to address the fundamental workforce shortages driving agency use in the first place. The NHS currently has over 100,000 vacancies, including critical shortages in nursing, doctors, and allied health professionals.

Placing a financial limit on agency spending doesn’t magically create more permanent staff. It’s like limiting how much you can spend on bottled water during a drought – it might reduce your water bill, but it doesn’t make it rain.

The market responds to restrictions

When caps were initially introduced, many agencies simply adapted their business models. Some created new structures where healthcare professionals became “limited company contractors” rather than agency workers, bypassing some of the cap restrictions.

Others focused on supplying staff to the highest-pressure specialties where trusts had no choice but to breach caps. The market found ways to work around the limits, much like water finding cracks in a dam.

The Unintended Consequences

Budget caps have created several unexpected problems that may actually be making the staffing situation worse in some areas.

Increased administrative burden

Implementing and monitoring caps has created additional administrative work for NHS finance and HR teams. Each breach requires justification, documentation, and approval – further stretching already thin administrative resources.

For a clinical manager trying to staff a busy ward, this means hours spent filling out forms and seeking approvals rather than focusing on patient care or staff development.

Staff migration to high-demand areas

Caps have inadvertently created a two-tier staffing market. Areas with the most severe shortages regularly breach caps and continue to pay premium rates, while departments with less critical shortages stick more rigidly to the limits.

This has encouraged staff to gravitate toward specialties and regions where they know caps are regularly breached, exacerbating shortages in areas trying to adhere to the limits. A nurse who knows they can earn significantly more in central London or in critical care may be less inclined to work in community services or in more rural areas.

Decreased staff morale

For permanent staff, seeing their employer strictly adhere to caps for some roles while regularly breaching them for others can feel deeply unfair. This perception of inequity can damage morale and push more permanent staff toward agency work.

When a permanent staff nurse sees a trust paying premium rates for agency staff in another department, the message received is that some roles are valued more than others – hardly a recipe for workforce cohesion.

What Might Actually Work?

If caps alone aren’t the answer, what approaches show more promise for addressing the agency spending challenge?

Addressing root causes of staffing shortages

Any effective solution must tackle the underlying workforce issues. This means investing in training more healthcare professionals, improving retention of existing staff, and creating pathways for returners to practice.

International recruitment has helped fill some gaps, but it’s not a complete solution and raises ethical questions about depleting healthcare resources in other countries.

Making permanent roles more attractive

One reason agency work is appealing is the flexibility it offers. Finding ways to build this flexibility into permanent roles could help retain staff who might otherwise leave for agencies.

Some trusts are experimenting with internal banks that offer permanent staff additional flexible shifts at enhanced rates – not as high as agency rates, but better than standard overtime. These approaches give staff more control over their working patterns while keeping their skills within the organisation.

Collaborative staffing models

Innovative approaches like collaborative staff banks are showing promise across the NHS. These models allow multiple trusts to share a pool of flexible workers without the high costs associated with commercial agencies.

Platforms like Flexzo Ai demonstrate how technology can support this approach, connecting healthcare professionals directly with NHS Trusts. This cuts out the middleman while maintaining the flexibility that staff value. The platform manages compliance documentation centrally, reducing the administrative burden that drives up costs in traditional agency arrangements.

For a clinical manager, this means access to a wider pool of pre-approved staff who can fill shifts at short notice, without the premium costs and paperwork associated with commercial agencies.

Smarter workforce planning and technology

Better use of data and AI can help trusts predict staffing needs more accurately, reducing last-minute scrambles that inevitably lead to higher agency spending. Some organizations are using advanced analytics to forecast busy periods and staff accordingly.

Technology can also streamline the process of filling shifts. AI-powered matching systems can identify qualified staff who are available and in the right location, making it easier to fill gaps quickly without resorting to expensive agencies.

A Balanced Approach

The most effective strategy likely involves multiple approaches working together:

  1. Realistic caps that acknowledge the realities of patient safety needs
  2. Investment in growing and retaining the permanent workforce
  3. Technology to make flexible staffing more efficient
  4. Collaborative models that provide the benefits of agency work without the excessive costs

Budget caps have a role to play as part of this mix, but they cannot be the only tool in the box. They’re most effective when combined with strategies that address why trusts need agency staff in the first place.

Looking Forward

As the NHS continues to adapt to new challenges, the approach to temporary staffing must adapt with it. Rather than seeing agency spending as simply a financial problem to be capped, we need to understand it as a symptom of broader workforce challenges.

The trusts making the most progress on agency spending aren’t just enforcing caps more strictly – they’re finding innovative ways to meet their staffing needs while giving healthcare professionals the flexibility and fair compensation they deserve.

By combining sensible financial controls with workforce innovation and technology, the NHS can work toward a future where quality care is delivered by a stable, satisfied workforce – without breaking the bank on agency premiums.

Get in Touch

It’s clear that the challenge of agency overspend isn’t going to be fixed by setting limits alone. What’s needed is a smarter, more adaptable approach that gives Trusts the tools to plan ahead, respond quickly, and retain valuable staff, all without sacrificing safety or sustainability.

Platforms like Flexzo Ai have been developed with exactly this balance in mind. By removing unnecessary layers, streamlining compliance, and giving healthcare professionals more control over how they work, Flexzo Ai supports NHS Trusts in moving away from reactive agency use and toward a more stable, proactive staffing model.

For Trusts looking to modernise their workforce approach, the first step doesn’t have to be a major overhaul. Get in touch with our team and we can have a conversation to see how Flexzo Ai can benefit your trust.

Flexzo AI: A Collaborative Staff Bank

Platforms like Flexzo Ai show how technology can transform this space. Founded by Jack Henderson, who started his career as a medical recruiter before establishing one of the UK's largest clinical insourcing companies, Flexzo Ai emerged from first-hand experience with the inefficiencies in traditional recruitment processes.

The collaborative staff bank approach connects NHS Trusts directly with healthcare professionals, eliminating agency fees while maintaining rigorous compliance standards. Compliance documentation is uploaded once and automatically tracked, with reminders sent before documents expire. This reduces the administrative burden that drives up costs in traditional agency models.

For healthcare professionals, this model offers the flexibility and control they want without sacrificing competitive pay. They can choose when and where they work while benefiting from higher rates that are possible when agency fees are removed from the equation.