SL02-Fit and Proper Persons: Employed Staff Policy

Registration Number: {{org_field_registration_no}}

Fit and Proper Persons: Employed Staff Policy

1. Purpose

This policy outlines the steps taken by {{org_field_name}} to ensure that all employees meet the legal and regulatory requirements set by Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The policy ensures that all employed persons are fit and proper to provide care and support to individuals who use our supported living services.

We are committed to ensuring that only suitable individuals, possessing the necessary character, qualifications, skills, and experience, are employed and retained within our organisation. This policy also sets out our governance processes to ensure ongoing compliance and how we proactively manage potential concerns regarding staff suitability.

2. Scope

This policy applies to:

All employees, including permanent, temporary, and agency workers who provide direct or indirect care and support.
Volunteers and contracted professionals working within our services.
Senior management and leadership teams, including those with oversight of care delivery.
HR, recruitment, and governance teams responsible for hiring, training, and ongoing compliance.
The Care Quality Commission (CQC), in relation to our adherence to regulatory standards.

All individuals working within our supported living services must meet the requirements outlined in this policy to ensure the safety, dignity, and well-being of our service users.

3. Legal and Regulatory Framework

This policy aligns with key regulations and legal frameworks, including:

Regulation 19: Fit and Proper Persons Employed – Ensuring the fitness and suitability of all employees.
Regulation 5: Fit and Proper Persons: Directors – Ensuring senior leaders meet governance requirements.
Care Act 2014 – Protecting vulnerable adults and ensuring high standards of care.
Equality Act 2010 – Preventing discrimination in employment and ensuring fair recruitment practices.
CQC Fundamental Standards – Setting the expectations for quality care and workforce competence.

Compliance with these frameworks ensures that our organisation only employs individuals who can deliver high-quality, safe, and person-centred care.

4. Recruitment and Selection Process

To ensure that only suitable candidates are appointed, {{org_field_name}} has a rigorous recruitment and selection process, which includes:

Clearly Defined Job Descriptions and Person Specifications: Each role within the organisation has a clearly defined job description that includes the competencies, values, and qualifications required.
Comprehensive Interview Process: All candidates undergo structured, competency-based interviews to assess their suitability for the role and their commitment to high-quality care.
Enhanced Disclosure and Barring Service (DBS) Checks: Every new hire undergoes an enhanced DBS check to identify any prior criminal convictions that may impact their ability to work in a care setting.
Verification of Professional Qualifications and Registrations: All required qualifications and accreditations are verified before employment commences.
Employment History and References: A minimum of two references, including from the most recent employer, are obtained and verified.
Right to Work in the UK Verification: Compliance with immigration laws to ensure all employees have legal employment status.

By implementing these robust recruitment measures, we ensure that only competent and suitable individuals are employed to deliver care.

5. Induction and Mandatory Training

Once recruited, all staff must complete a structured induction and training programme to ensure they are fully equipped for their role. This includes:

Understanding CQC Regulations and Compliance: Training on the CQC Fundamental Standards and how they apply to their responsibilities.
Safeguarding Training: Ensuring all staff can identify and report abuse in accordance with safeguarding legislation.
Person-Centred Care Training: Educating staff on how to tailor care plans to individual service user needs.
Health and Safety Training: Covering risk assessment, infection control, and emergency response procedures.
Confidentiality, Data Protection, and GDPR Compliance: Training on handling service user information safely and legally.
Equality, Diversity, and Inclusion Training: Ensuring a workplace free from discrimination and bias.

Staff must complete all induction training before commencing their duties and undertake refresher training annually.

6. Ongoing Compliance and Performance Monitoring

To maintain high standards and regulatory compliance, we implement the following monitoring measures:

Annual Performance Appraisals: All employees undergo a structured performance review assessing their competence, conduct, and development needs.
Regular Supervision and Support Meetings: Staff meet with their line managers at least quarterly for guidance and feedback.
Mandatory Refresher Training: Employees must complete refresher training annually to stay updated with the latest care practices and regulations.
Whistleblowing and Incident Reporting: An open, transparent system for staff to report concerns about their colleagues or work environment.
Regular Internal and External Audits: Audits assess compliance with legal and organisational standards, ensuring continuous quality improvement.

By monitoring staff performance and compliance, we ensure that all employees remain fit for their role and uphold the highest standards of care.

7. Managing Concerns About Staff Fitness

If concerns arise regarding an employee’s fitness to perform their role, {{org_field_name}} follows a structured process:

Investigation: A thorough assessment of the concerns, including interviews and evidence collection.
Risk Assessment: Evaluating the potential impact on service users and the organisation.
Support and Training Plans: Where possible, additional training, mentoring, or role adjustments are provided to address concerns.
Disciplinary Action: If an employee continues to pose a risk, disciplinary action may be taken, including suspension or termination.
CQC Notification: If an employee’s actions result in risk to service users, we notify CQC in accordance with Regulation 18: Notification of Other Incidents.

Our proactive approach ensures that any concerns regarding staff suitability are addressed promptly and effectively.

8. Related Policies

This policy should be read in conjunction with:

Fit and Proper Persons: Directors Policy – Ensuring governance at senior levels.
Good Governance Policy – Ensuring organisational compliance and oversight.
Recruitment, Selection, and Retention Policy – Detailing robust hiring processes.
Safeguarding Adults from Abuse and Improper Treatment Policy – Ensuring the protection of service users.
Whistleblowing (Speaking Up) Policy – Providing a transparent way for staff to raise concerns.
Health and Safety at Work Policy – Ensuring a safe working environment.

9. Policy Review

This policy will be reviewed annually or earlier if required due to legislative changes, regulatory updates, or organisational needs. Any amendments will be communicated to staff, stakeholders, and CQC to ensure continued compliance.

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.