Fit and proper persons employed

  • Care Quality Commission (CQC) guidance

The provider of your care must only employ people who can provide care and treatment appropriate to their role. They must have strong recruitment procedures in place and carry out relevant checks such as on applicants’ criminal records and work history.

NATIONAL HEALTH SERVICE, ENGLAND SOCIAL CARE, ENGLAND PUBLIC HEALTH, ENGLAND The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
19.—(1) Persons employed for the purposes of carrying on a regulated activity must— (a) be of good character,
(b) have the qualifications, competence, skills and experience which are necessary for the work to be performed by them, and
(c) be able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the work for which they are employed.
(2) Recruitment procedures must be established and operated effectively to ensure that persons employed meet the conditions in—
(a) paragraph (1), or
(b) in a case to which regulation 5 applies, paragraph (3) of that regulation.
(3) The following information must be available in relation to each such person employed—
(a) the information specified in Schedule 3, and
(b) such other information as is required under any enactment to be kept by the registered person in relation to such persons employed.
(4) Persons employed must be registered with the relevant professional body where such registration is required by, or under, any enactment in relation to—
(a) the work that the person is to perform, or
(b) the title that the person takes or uses.
(5) Where a person employed by the registered person no longer meets the criteria in paragraph
(1), the registered person must—
(a) take such action as is necessary and proportionate to ensure that the requirement in that paragraph is complied with, and
(b) if the person is a health care professional, social worker or other professional registered with a health care or social care regulator, inform the regulator in question.
(6) Paragraphs (1) and (3) of this regulation do not apply in a case to which regulation 5 applies.