An investigation by the BBC has revealed that 217 home care companies have employed staff without ensuring they were properly qualified as stipulated in Care Quality Commission (CQC) guidance.
In a Freedom of Information Request, the BBC's Inside Out programme also found from the CQC that some home care companies had failed to carry out criminal checks or ensured workers were not barred by professional bodies.
While dozens of people with criminal records, who were working unsupervised as carers in people's homes, had not been risk-assessed, according to the CQC.
This is despite CQC guidance which says carers who might pose a greater risk to vulnerable people, perhaps because of previous convictions, need to be risk-assessed in order to see if they are suitable.
A spokesman for the CQC said: “Having a criminal conviction does not in itself prevent a person from working in health or social care, if a criminal records check discloses a conviction or other relevant information, the employer has to decide whether the person is suitable to be employed in their service.
“The organisations providing care service need to risk assess their staff’s suitability for the role they are undertaking, considering what information they have on the individual, if they have a criminal conviction, how old and relevant it is, the role and activities the person would undertake and the characteristics and needs of the people using the service. Providers should make decisions in the context of their responsibility for the wellbeing of the people who use the service.”
Care Minister Norman Lamb told the BBC it did not show “the whole system” which involves 6,000 companies had failed.
The Department of Health said it was the responsibility of home care providers to employ suitable staff.