Consultation on the fit and proper persons test for directors and the duty of candour

Post its

25 / 7 / 2014 4pm

The Care and Quality Commission (CQC) have launched two consultations today (25 July 2014) on the new Fundamental Standards of Care and on the fit and proper persons requirements. 

Fit and Proper Persons Requirement and Duty of Candour

This consultation only runs for six weeks and closes on Friday 5 September 2014. It specifically covers how NHS trusts can meet the "duty of candour" and "fit and proper person" requirements for directors. Following previous consultations on these requirements, they are due to come into force for the NHS from October 2014 and the regulations are currently being processed through Parliament.

We will be working closely with our NHS Confederation colleagues to co-ordinate our activity. We will be looking to collect views from Board leaders which will help us to respond effectively on your behalf. 

The CQC have drafted guidance to help clarify what NHS bodies need to do to:

  • meet the fit and proper person requirement for directors
  • fulfil their duty of candour. 
The consultation questions are:

1. Is it clear what NHS providers should do to meet the fit and proper person requirement for directors? If not, how could it be made clearer?
2. Is it clear what NHS providers should do to fulfil their duty of candour? If not, how could it be made clearer?
3. Is the format and layout of the guidance easy to follow and understand?
4. Are the links to key legislation and guidance helpful? How could we promote these links better?
5. Is there anything missing from the guidance?
6. Is there anything that should be taken out of the guidance?

NHS Directors - how to get involved

We would like to hear the views from your organisation:

  • If you are having a HR Directors meeting before the closing date you may wish to include this in your discussions and our engagement colleagues will ensure your feedback is collated 
  • You can contact us directly for a discussion about the consultation or to feedback your views (contact details below)
  • We are currently arranging a webinar and will confirm the date of this as soon as possible

Please email or contact Helen on 0113 306 30 30 with your views or any other queries relating to the NHS Employers response to the consultation.

The CQC are also inviting individuals to respond to the consultation and would encourage you to have your say.

New fundamental standards of care consultation

The CQC have also launched a consultation on how providers can meet the new fundamental standards of care. This consultation ends on 17th October 2014 and is asking for comments on the presentation of the guidance for the standards that will come into force from April 2015.

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