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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Fit and Proper Persons: Employed Staff Policy

1. Purpose

The purpose of this policy is to ensure that all staff employed within {{org_field_name}} meet the regulatory requirements of a fit and proper person under the Regulation and Inspection of Social Care (Wales) Act 2016. The policy ensures compliance with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, ensuring the safety, dignity, and wellbeing of service users.

The policy establishes clear guidelines on how we assess, recruit, and continuously monitor the fitness of staff members, ensuring that only individuals with the appropriate qualifications, character, and experience are employed within the organisation.

2. Scope

This policy applies to all individuals who are employed, contracted, or volunteering within {{org_field_name}}. It covers:

• Permanent and Temporary Staff: All employees, regardless of contract length.
• Agency and Contracted Workers: External staff working under service agreements.
• Volunteers and Interns: Individuals offering their services without remuneration.
• Prospective Employees: Candidates undergoing the recruitment process.

All individuals covered under this policy must adhere to its requirements to ensure the continued delivery of safe, effective, and high-quality care.

3. Principles and Compliance with CIW Regulations

All employees must meet the following criteria to ensure compliance with CIW regulations and the Regulation and Inspection of Social Care (Wales) Act 2016:

• Good Character: Employees must demonstrate integrity, honesty, and a commitment to upholding care values, ensuring the dignity and respect of service users.
• Competence and Qualifications: Staff must possess the necessary knowledge, training, and professional qualifications required for their role.
• Physical and Mental Capacity: Employees must be fit to carry out their duties safely without risking harm to themselves or others.
• Legal Entitlement to Work: All staff must provide documentation proving their right to work in the UK.
• Enhanced DBS Checks: All employees will undergo an enhanced Disclosure and Barring Service (DBS) check before employment, with regular renewals as required.

4. Recruitment and Selection Procedures

To ensure that only fit and proper individuals are recruited, {{org_field_name}} follows a rigorous and transparent recruitment process. This includes:

• Pre-Employment Checks: Verification of identity, work eligibility, professional qualifications, and employment history to confirm the candidate’s suitability.
• Competency-Based Interviews: Interviews that assess not only technical skills but also ethical values, understanding of safeguarding, and their commitment to the organisation’s mission.
• Reference Checks: A minimum of two references, with one being from the most recent employer, ensuring accountability and validation of professional conduct.
• Health Assessments: A thorough occupational health assessment to ensure physical and mental fitness for the role.
• Probationary Period: New employees undergo a structured induction and probationary period where their performance, conduct, and ability to meet professional standards are assessed.

5. Ongoing Monitoring and Compliance

To ensure continued compliance with the fit and proper person requirements, {{org_field_name}} implements an ongoing monitoring process, which includes:

• Annual Performance Appraisals: Each staff member is reviewed annually to assess their performance, competencies, and adherence to ethical standards.
• Mandatory Training: Employees must undertake regular training on safeguarding, health & safety, infection control, and other regulatory requirements to maintain competency.
• Supervision and Support: Employees receive regular one-to-one meetings with their line managers to discuss progress, challenges, and further training needs.
• Regular DBS Updates: Periodic DBS re-checks to identify any new legal concerns or disqualifications.
• Incident and Whistleblowing Reporting: Employees are encouraged to report any misconduct, concerns, or violations that may affect their fitness to practice.

6. Disciplinary Action and Removal

If an employee is found to no longer meet the fit and proper person requirements, immediate action will be taken. This may include:

• Suspension During Investigation: If concerns arise regarding fitness to practice, the employee may be suspended pending investigation.
• Formal Disciplinary Proceedings: If an employee breaches professional conduct or regulatory requirements, formal proceedings will be initiated as per the Disciplinary and Grievance Policy (CHW31).
• Reporting to Regulatory Authorities: If necessary, CIW, DBS, and relevant professional bodies will be informed of any findings that may affect public safety.
• Employment Termination: If an individual is found unfit to continue in their role, appropriate steps will be taken to terminate their employment in accordance with employment law.

7. Related Policies

This policy should be read alongside other key organisational policies that support compliance and best practice in staff management:

• CHW02 – Fit and Proper Persons: Employed Staff Policy
• CHW03 – Requirements for Registered Managers Policy
• CHW11 – Safe Care and Treatment Policy
• CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CHW26 – Recruitment, Selection, and Retention Policy
• CHW27 – Staff Supervision, Training, and Development Policy
• CHW29 – Whistleblowing (Speaking Up) Policy

8. Policy Review

This policy will be reviewed annually or sooner if there are changes in legislation, CIW regulations, or operational needs. The review process will involve consultation with relevant stakeholders, including staff representatives, regulatory bodies, and legal advisors to ensure compliance with current best practices and legislation.

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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.