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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 by {{org_field_name}} are fit and proper persons to deliver safe, compassionate, and high-quality domiciliary care services. This policy is designed to protect service users from harm, abuse, or neglect by ensuring that only individuals of high integrity, competence, and professionalism are recruited and retained.

This policy is aligned with The Regulation and Inspection of Social Care (Wales) Act 2016, The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, and CIW guidance on recruitment and workforce suitability​.

By implementing this policy, {{org_field_name}} ensures that all employed staff uphold the values of respect, dignity, and person-centred care, as well as maintain compliance with all relevant legislation and regulatory requirements.

2. Scope

This policy applies to all individuals employed or contracted by {{org_field_name}}, including:

• Care workers providing direct domiciliary care services.
• Office and administrative staff handling service user information.
• Supervisory and managerial staff overseeing care provision.
• Temporary, agency, or bank staff working within the service.
• Volunteers and apprentices involved in care delivery.

It is the Registered Manager’s responsibility to ensure all employed staff meet and continue to meet the fit and proper person criteria throughout their employment. This policy also applies to CIW inspectors and commissioning bodies, who must be assured that recruitment and employment practices are rigorous and compliant.

3. Fit and Proper Persons Criteria for Employed Staff

To be considered a fit and proper person, all employed staff must meet the following mandatory requirements:

1. Be of Good Character
   • Staff must demonstrate honesty, integrity, reliability, and professionalism in all aspects of their role.
   • Any history of dishonesty, abuse, financial misconduct, or violent offences will be considered in the recruitment decision.
   • An Enhanced Disclosure and Barring Service (DBS) check will be conducted for all care staff before employment begins.
2. Have the Necessary Qualifications, Skills, and Experience
   • Care workers must have, or be willing to obtain, appropriate qualifications in health and social care, such as:
     • Level 2 or Level 3 Diploma in Health and Social Care (Adults) Wales.
     • Specialist training in medication administration, safeguarding, and manual handling.
   • Staff must demonstrate competency in their roles through supervised practice and ongoing performance evaluations.
3. Not Be Barred from Working in Regulated Services
   • No staff member should appear on the DBS barred list, which prevents individuals from working with vulnerable adults.
   • Staff must disclose any safeguarding concerns or previous disciplinary actions from previous employment.
4. Be Physically and Mentally Fit for Their Role
   • Employees must be in good physical and mental health to perform their duties safely and effectively.
   • Pre-employment health checks and occupational health assessments may be required for certain roles.
5. Demonstrate Compliance with Regulatory and Organisational Policies
   • Staff must adhere to all legal and regulatory requirements, including:
     • The Social Services and Well-being (Wales) Act 2014.
     • The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017​.
     • The Safeguarding Vulnerable Groups Act 2006.
   • Ongoing training in safeguarding, infection control, and confidentiality is mandatory.
6. Promote a Culture of Respect and Person-Centred Care
   • Staff must respect service users’ dignity, rights, and choices at all times.
   • Abusive, discriminatory, or neglectful behaviour will result in immediate disciplinary action, including dismissal and referral to regulatory bodies.

4. Recruitment and Employment Screening

Before employing a new staff member, {{org_field_name}} follows a rigorous screening process to ensure compliance with CIW regulations. This includes:

1. Enhanced DBS Checks
   • All care workers must have a current Enhanced DBS check with barred list review before they can begin working.
   • DBS records will be updated annually for continued compliance.
2. Verification of Identity and Right to Work
   • Staff must provide valid photo identification (passport, driving licence) and proof of address.
   • Right-to-work checks must be completed for non-UK citizens.
3. Reference Checks
   • At least two professional references must be obtained, including one from a previous employer in the care sector (if applicable).
   • Any unexplained gaps in employment history must be fully investigated.
4. Competency Assessments
   • New staff must undergo practical assessments to demonstrate skills in medication management, moving and handling, personal care, and emergency procedures.
5. Induction and Probationary Period
   • All new employees must complete a 12-week induction aligned with the All Wales Induction Framework for Health and Social Care.
   • A six-month probation period will assess performance, behaviour, and adherence to policies.

5. Ongoing Monitoring and Compliance

To maintain high standards, all staff will undergo continuous monitoring and reassessment of their fitness to work, including:

1. Annual DBS Renewals
   • Staff must remain on the DBS update service, and annual checks will be conducted.
2. Mandatory Training Updates
   • Staff must renew training in safeguarding, moving and handling, first aid, fire safety, infection control, and medication administration.
3. Supervision and Appraisals
   • Staff will have quarterly supervisions and annual performance appraisals to review their conduct, skills, and service user feedback.
4. Incident and Complaint Reviews
   • Any safeguarding concerns, complaints, or disciplinary issues will trigger a review of the individual’s fitness to practice.
   • If necessary, the staff member may be retrained, reassigned, suspended, or dismissed.

6. Dealing with Concerns About an Employee’s Fitness

If concerns arise about a staff member’s fitness to work, the following actions will be taken:

1. Internal Investigation
   • The Registered Manager will conduct an investigation and, if necessary, suspend the staff member pending the outcome.
2. Regulatory Reporting
   • CIW, DBS, and Social Care Wales will be informed if an employee is found unsuitable to work in care.
3. Potential Dismissal and Legal Action
   • If the employee is found unfit to work, they will be removed from their role and reported to the relevant authorities.

7. Related Policies

This policy should be read alongside:

• DCW01 – Fit and Proper Persons: Directors Policy
• DCW04 – Good Governance Policy
• DCW13 – Safeguarding Adults from Abuse and Improper Treatment Policy​
• DCW26 – Recruitment, Selection, and Retention Policy

8. Policy Review

This policy will be reviewed annually or sooner if there are changes in legislation or regulatory guidance.

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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.