• Home
  • Employing Fit & Proper Persons Policy

Employing Fit & Proper Persons Policy

Aim

The aim of Cavendish Homecare Professionals is to ensure that fit and proper persons are employed who are of good character and have the necessary qualifications, competence, skills and experience to do the work they are employed to do, so that the health, safety and welfare of service users are ensured.

Policy statement

Cavendish Homecare Professionals is aware of and acknowledges responsibilities under Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The organisation is aware of and acknowledges responsibilities under the Equality Act 2010 and in particular section 60, which details the responsibilities of employers regarding enquiries about disability and health. This policy and procedure has been developed to detail the actions that will be taken and the systems developed to ensure compliance with Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and other relevant legislation and standards.

This policy and procedure, along with other associated policies and procedures, forms part of the organisation’s operating systems and compliance with such policies and procedures is a contractual obligation for all employees. Failure to comply with policies and procedures may constitute a breach of the contract of employment and may lead to action being taken under the organisation’s disciplinary and grievance procedures.

This policy and procedure will be reviewed (whichever is sooner):

  • within 12 months of issue
  • in the event of changes in relevant legislation and standards
  • in the event of any occurrence that pertains to this policy and procedure.

Associated legislation, standards and other documents include:

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Regulation 19: Fit and proper persons
  • Schedule 3: Information required in respect of persons employed or appointed for the purposes of a regulated activity
  • Schedule 4, part 2 – Good character
  • The Equality Act 2010, section 60: Enquiries about disability and health
  • The Care Certificate, Skills for Care
  • CQC provider handbook, appendix B: Key lines of enquiry prompts
  • Employment Rights Act 1996
  • Application form/pack/information
  • Shortlisting and interview procedures
  • Contract of employment
  • Person specification/job description.

Procedure

This procedure follows Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (the Act).

Persons employed for the purposes of carrying on a regulated activity must:

  • be of good character
  • have the qualifications, competence, skills and experience which are necessary for the work they are to perform
  • be able, by reason of their health, after reasonable adjustments are made, to properly perform tasks that are intrinsic to the work for which they are employed.

Be of good character:

  • Good character is defined in schedule 4, part 2 of the Act and requires that persons employed have not been convicted of an offense in the United Kingdom or in any other place where the offence would be regarded as an offence in the United Kingdom.
  • It also requires that the person has not been struck off from a professional health and social care register.
  • This organisation will exercise its responsibilities under schedule 4, part 2 and Regulation 19 of the Act by asking all current and prospective employees to confirm that neither of the above circumstances apply to them.
  • The organisation will also make it a condition of employees’ contract of employment that the employee must inform the organisation immediately if they are convicted of an offence or are struck off any health and social care professional register.
  • The organisation’s contract of employment makes it clear that in such circumstances the organisation cannot continue to employ the person in a care service role.

Have the required qualifications, competence, skills and experience:

  • Employees must have the relevant qualifications, competence, skills and experience necessary for the work they are to perform.
  • The Act does not specify what the necessary qualifications, competence, skills and experience are. This organisation has determined that it will meet its obligations under this part of the Act by specifying the qualifications and experience required for each job role.
  • Information on the necessary qualifications, competence, skills and experience are contained in the person specification/job description for each role.
  • Where current or prospective employees do not have the required qualifications or experience, the organisation will agree with them a timescale for such qualifications and experience to be achieved. Failure to achieve the required qualifications or experience may be regarded as a breach of the contract of employment and may lead to disciplinary action.
  • With regard to skills and competence, the organisation will discharge responsibilities by assessing skills and competence through day-to-day observations, competence assessments and formal supervision.
  • Failure by the employee to demonstrate the required skills and competence may be regarded as a breach of the contract of employment and may lead to disciplinary action.
  • The organisation requires all employees to undertake professional development, i.e. training and changes in role to ensure that their qualifications, skills, competence and experience remain up to date and meet the requirement of the Act. Failure of any employee to undertake such professional development may be regarded as a breach of the contract of employment and may lead to disciplinary action.

Be able to perform the required tasks:

  • Employees must be able, by reason of their health, after reasonable adjustments are made, to properly perform tasks that are intrinsic to the work for which they are employed.
  • The required standards of physical and mental health for the role are specified in the person specification/job description.
  • The organisation requires all prospective employees to confirm that, by making an application for the post, they meet these standards, notwithstanding that the organisation has an obligation to make reasonable adjustments.
  • In order to discharge responsibilities under the Act, the organisation may require prospective employees to undertake an occupational health assessment to ascertain whether they are able to properly perform the tasks that are intrinsic to the work for which they are employed.
  • Before this assessment, the organisation may ask questions about disability at an early stage in the application process, so that it can establish whether an applicant will be able to comply with a requirement to undergo an assessment test, or to establish whether the organisation must make reasonable adjustments for an applicant in relation to an assessment.
  • The organisation may ask questions about disability in certain situations, for example for legitimate monitoring of the diversity of job applicants. Aside from these circumstances the organisation will not ask questions about the health of an applicant before offering him or her the job.
  • If the applicant is shortlisted for interview no questions about the applicant’s physical health, mental health or disability will be asked apart from those that relate to whether the applicant will be able to carry out functions that are intrinsic to the job (having made any reasonable adjustments), for example whether an applicant has the necessary physical capabilities or physical fitness to do the job, or whether their health meets certain standards for legitimate safety reasons.
  • Any applicant who discloses information about their physical or mental health unless requested to do so will invalidate their application for the post. The organisation will make this clear in the application information pack and at interview.
  • Current employees are required to inform the organisation immediately if their physical or mental health means that they cannot properly complete the tasks that are intrinsic to their role.
  • In such circumstances the organisation may arrange an assessment to determine whether the organisation can make a reasonable adjustment, and whether the employee is able to properly complete the tasks that are intrinsic to their role after the reasonable adjustment has been made.
  • If the organisation cannot make a reasonable adjustment, or the employee is unable to complete the tasks after the reasonable adjustment has been made, the organisation will first look to see if they can be redeployed within the organisation in a different role, if they are able to complete the tasks that are intrinsic to that role. If this is not possible then the organisation may take action to terminate the employee’s contract of employment on the grounds of incapacity.
  • If the organisation needs to terminate the employee’s contract because of the above reasons, they will adhere to the requirements of the Equality Act 2010 in relation to disability discrimination.

Records of fit and proper persons:

Regulation 19 (3) and schedule 3 of the Act require organisations to keep information on all employees to evidence that they are fit and proper persons. This information includes:

  • A recent photo – employees are required to inform the organisation of any change in their appearance, e.g. change of hair style/colour, immediately so that the organisation can obtain an updated photo. Photos will be updated annually otherwise.
  • Copy of enhanced Disclosure and Barring Service (DBS) (previously Criminal Records Bureau) check and provision of barring information or an enhanced DBS check (as applicable to the role). The organisation requires DBS checks to be updated at least once every three years. New applicants are required to sign up to the DBS update service.
  • Satisfactory evidence of conduct in any previous health and social care/children or vulnerable adults role. In practical terms this will be the obtaining of a full employment history and references from previous relevant employers and checking of any professional registers.
  • Reasons why any previous employment with children or vulnerable adults ended. This applies to all previous such employments.
  • Copies of relevant qualifications.
  • A full employment history, together with a satisfactory written explanation of any gaps in employment. Such explanations will be cross checked.
  • Satisfactory information about any physical or mental health conditions that are relevant to the person’s capability, after reasonable adjustments are made, to properly perform tasks that are intrinsic to their employment or appointment for the purposes of the regulated activity.

Management duties:

Managers and supervisors in the organisation have a duty to:

  • ensure that this policy is operated throughout the organisation at all times and to keep all aspects of it monitored and under review
  • communicate this policy to employees, agency staff, volunteers and relevant others.

Staff duties:

Staff in this organisation have a duty to:

  • comply with this policy and procedure.

 

 

Date: January 2024

Version: 8 (review)

Source:  Expert Care Manager