Since 27 November 2014, all NHS bodies that are required to register with the Care Quality Commission (CQC) must consider the fit and proper person requirements when making appointments to director level positions. This includes all NHS trusts, NHS foundation trusts and Special Health Authorities. The scope of the requirements were further extended to include adult social care, primary medical and dental care and independent healthcare bodies from 1 April 2015.
The requirements reinforce the importance of having robust employment checking processes and the need to seek the necessary assurances that all directors are suitable and fit to undertake the responsibilities of a senior management role and that they continue to have access to ongoing training and development to enable them to deliver high quality services.
The level and type of checks required for all NHS positions (including director level positions) are outlined within the NHS Employment Check Standards (last revised in September 2017).
A person’s continued fitness should be assessed as part of the existing appraisal process.
A new element introduced under the fit and proper person requirements is the test unfitness – including misconduct and mismanagement.
The CQC published new guidance in January 2018 clarifying a director's requirements in regard to DBS checks.
Detailed information about the fit and proper person requirements and supporting resources to help employers understand how they can meet compliance, can be found in the following guidance:
Further useful references