CH02-Fit and Proper Persons: Employed Staff Policy

Registration Number: {{org_field_registration_no}}

Fit and Proper Persons: Employed Staff Policy

1. Introduction

This Fit and Proper Persons Employed Policy ensures that {{org_field_name}} employs individuals who meet the requirements outlined in Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The primary aim is to guarantee that only suitable, competent, and ethical individuals are recruited and retained, ensuring the safety, dignity, and well-being of our service users. This policy demonstrates how we manage the recruitment, ongoing assessment, and support of staff efficiently while maintaining compliance with the Care Quality Commission (CQC) standards.

2. Policy Statement

{{org_field_name}} is committed to ensuring that all staff members, whether employed on a permanent, temporary, or voluntary basis, meet the Fit and Proper Persons criteria. This commitment extends to ensuring that individuals remain fit to carry out their duties throughout their employment, safeguarding the quality of care provided to service users.

3. Purpose

The purpose of this policy is to:

Ensure compliance with CQC Regulation 19.
Protect service users from potential harm by ensuring staff suitability.
Provide clear guidance on recruitment, monitoring, and management of staff.
Promote a culture of accountability, professionalism, and continuous improvement.

4. Regulatory Requirements

Regulation 19 outlines that individuals employed to carry out regulated activities must:

Be of good character.
Have the necessary qualifications, skills, and experience.
Be physically and mentally able to perform their role, with reasonable adjustments made where required.
Not have been involved in serious misconduct or mismanagement.
Meet the requirements specified in Schedule 3 of the Health and Social Care Act 2008.

5. Recruitment and Selection Process

To ensure compliance with Regulation 19, we implement a robust recruitment and selection process. This includes:

5.1 Pre-Employment Screening

Job Descriptions: Each role has a clearly defined job description and person specification, detailing required qualifications, skills, and experience.
Application Process: All applicants must complete a comprehensive application form, including declarations regarding criminal history and professional conduct.

5.2 Interview and Assessment

Competency-Based Interviews: Interviews assess the applicant’s understanding of their role, safeguarding practices, and commitment to delivering high-quality care.
Values-Based Approach: Candidates are evaluated on their alignment with our organisational values, including compassion, respect, and integrity.

5.3 Background Checks

Disclosure and Barring Service (DBS): Enhanced DBS checks are conducted for all staff before employment begins. These checks are renewed periodically.
Identity and Right to Work: Verification of identity and eligibility to work in the UK is undertaken.
References: At least two professional references are obtained, including one from the most recent employer.
Professional Registration: Where applicable, verification of professional registration with relevant bodies, such as the Nursing and Midwifery Council (NMC).

6. Induction and Training

Following successful recruitment, all staff undergo a structured induction programme to ensure they understand their role, responsibilities, and regulatory requirements. This includes:

Mandatory Training: Training in safeguarding, infection control, health and safety, moving and handling, and other core areas.
Code of Conduct: Staff are introduced to our code of conduct, which emphasises professionalism, respect, and accountability.
Mentorship: New employees are assigned a mentor to support their integration and assess their practical skills.

7. Ongoing Monitoring and Assessment

Ensuring staff remain fit and proper is an ongoing responsibility. {{org_field_name}} implements the following measures:

7.1 Supervision and Appraisals

Regular Supervision: Staff receive regular one-to-one supervision, providing opportunities to discuss performance, challenges, and professional development.
Annual Appraisals: Comprehensive annual appraisals evaluate staff competencies, training needs, and overall fitness for their role.

7.2 Training and Development

Continuous Professional Development (CPD): Staff are encouraged and supported to pursue further qualifications and attend relevant training.
Mandatory Refresher Training: Regular refresher courses ensure staff remain up to date with best practices and regulatory requirements.

7.3 Health and Wellbeing

Health Assessments: Where necessary, occupational health assessments are conducted to ensure staff are physically and mentally fit for their duties.
Reasonable Adjustments: Adjustments are made to support staff with health conditions, ensuring they can perform their role safely and effectively.

8. Managing Non-Compliance

If a staff member is found to no longer meet the Fit and Proper Persons criteria, the following steps are taken:

Investigation: A thorough investigation is conducted to assess the nature of the concern.
Support and Remediation: Where appropriate, the staff member is offered support, such as additional training or health interventions.
Disciplinary Action: If the issue cannot be resolved, appropriate disciplinary action is taken, in line with employment law and our internal procedures.
Notification to CQC: If required, CQC is notified of any serious concerns affecting staff suitability.

9. Record-Keeping and Documentation

To demonstrate compliance, we maintain comprehensive records for all staff, including:

Application forms, CVs, and interview notes.
DBS certificates and professional registrations.
Training and CPD records.
Supervision and appraisal documentation.
Annual Fit and Proper Person Declarations.

These records are securely stored and made available for CQC inspection upon request.

10. Whistleblowing and Reporting Concerns

Staff are encouraged to report any concerns regarding the fitness of colleagues through our Whistleblowing Policy. All reports are treated confidentially and investigated promptly. Any substantiated concerns result in appropriate action to safeguard service users and maintain compliance with CQC standards.

11. Equality, Diversity, and Inclusion

Our recruitment and employment practices promote equality, diversity, and inclusion. No individual is disadvantaged based on age, disability, gender, race, religion, sexual orientation, or any other protected characteristic.

12. Audit and Review

This policy is reviewed annually or sooner if there are changes to CQC regulations or organisational practices. Regular audits assess the effectiveness of our processes, with findings used to drive continuous improvement.

13. Conclusion

{{org_field_name}} is committed to employing only fit and proper persons who uphold the highest standards of care, professionalism, and accountability. By implementing robust recruitment, monitoring, and support processes, we ensure the safety and well-being of service users while maintaining full compliance with CQC Regulation 19.

14. Approval and Review

This policy will be reviewed annually. Any updates will be communicated to all staff and stakeholders.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.