Regulation 19 Fit and Proper Person Employed

Welcome to episode 20  of Continuous Quality Compliance 

Today  I am talking about…  Regulation 19 Fit and proper Person Employed. 

The intention of this regulation is to make sure that providers only employ ‘fit and proper’ staff who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity. 

To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them.

Employing unfit people, or continuing to allow unfit people to stay in a role, may lead CQC to question the fitness of a provider.

“Person employed” will include any member of staff who currently works in the service including agency, bank staff and volunteers (based on the broad meaning of “employment” set out in Regulation 2, which extends the scope to those engaged otherwise than under a contract).

Point 1  

Schedule 3 sets out eight categories of information required to be kept by providers about all persons employed in the provision of services. They wont want to see all but some of them to be utilised as  part of checking that’s staff remain suitable.

  1 Proof of identity including a recent photograph.

2CQC expects each provider to undertake the level of DBS check for which a particular staff member is eligible

3 Closely looked at when exemptions apply related to the DBS

4 Satisfactory evidence of conduct in previous employment concerned with the provision of services relating to— (a) health or social care, or (b) children or vulnerable adults. Obviously it does not apply if they have not previously worked in the sector. 

5. Where a person has been previously employed in a position whose duties involved work with children or vulnerable adults, satisfactory verification, so far as reasonably practicable, of the reason why the person’s employment in that position ended.

 6  Far as is it is reasonably practicable to obtain, satisfactory documentary evidence of any qualification relevant to the duties for which the person is employed or appointed to perform.

 7 A “full employment history” means a career history from the age of first employment. This information may be in the form of a Curriculum Vitae but need not be.

 8 Satisfactory information about any physical or mental health conditions which are relevant to the person’s capability, after reasonable adjustments are made, to properly perform tasks which are intrinsic to their employment or appointment for the purposes of the regulated activity.

CQC expects providers to be aware of a range of guidelines relevant to their business sector, and to be able to demonstrate that the recruitment and selection procedures are consistent with responsible employment practice.

Point 2   

  The provider is required to undertake sufficient checks so they can evidence the applicant:

 · Is of good character 

 · Has the necessary qualifications, competence, skills and experience necessary for the work to be performed 

· Is able to properly perform the tasks (after any reasonable adjustment)

Point 3  

However,  most  companies/organisations will only provide a statement confirming dates of employment. When this occurs, providers should assess any potential risk and make sure the person has appropriate supervision until they can demonstrate competence.

Point 4

If providers have any current concerns about the performance, abilities, physical or mental health of any of their staff, the Inspector will want to see what steps they have taken to address these, or to mitigate risks to the people who receive support, such as regular supervision and provision of opportunities for learning and development. 

Point 5 

Staff should be registered with the relevant body e.g NMC, GMC it that is appropriate, and it is their responsibility to ensure they are  continually registered. I was recently told of a  nurse who did not  take the steps necessary to remain registered and  had to  then be taken of nursing duties this a   burden to the company as they are paying for a person doing nurse role but now can’t do it and have to do other duties until  the registration is sorted. They had left it too late.  These  are important things and  both employer and employee should hold joint responsibility for this. 

Providers should have systems in place to assess the competence of employees before they work unsupervised in a role. They must provide appropriate direct or indirect supervision until the person is assessed as competent to carry out the role. Competence may include the demonstration of a caring and compassionate approach.

All reasonable steps must be made to make adjustments to enable people to carry out their role. These must be in line with requirements to make reasonable adjustments for employees under the Equality Act 2010.

Providers should respond without delay to concerns about a person’s fitness or ability to carry out their duties. This includes responding immediately if there is an imminent risk to people working in and using the service.

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