Regulation 19: Fit and proper persons employed

Page last updated: 9 April 2024
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Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 19

The intention of this regulation is to make sure that providers only employ 'fit and proper' staff who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity. To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them.

It is important to note that "person employed" will include any member of staff who currently works in the service as a volunteer or a contractor, as well as agency or bank staff. This is based on the broad meaning of “employment” set out in Regulation 2, which extends the scope to those engaged who are not under a contract.

Employing unfit people, or continuing to allow unfit people to stay in a role, may lead CQC to question the fitness of a provider.

If CQC considers that a breach of this regulation is also a breach of another regulation(s) that carries offence clauses, then we can move directly to prosecution without serving a Warning Notice. For example, in situations where the care and treatment is provided without the consent of a person using the service or someone lawfully acting on their behalf, and where it is unsafe, does not meet the person's nutritional needs, results in abuse, or puts the person at risk of abuse.

CQC cannot prosecute for a breach of this regulation or any of its parts, but we can take regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

The regulation in full

19.—

  1. Persons employed for the purposes of carrying on a regulated activity must—
    1. be of good character,
    2. have the qualifications, competence, skills and experience which are necessary for the work to be performed by them, and
    3. be able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the work for which they are employed.
  2. Recruitment procedures must be established and operated effectively to ensure that persons employed meet the conditions in—
    1. paragraph (1), or
    2. in a case to which regulation 5 applies, paragraph (3) of that regulation.
  3. The following information must be available in relation to each such person employed—
    1. the information specified in Schedule 3, and
    2. such other information as is required under any enactment to be kept by the registered person in relation to such persons employed.
  4. Persons employed must be registered with the relevant professional body where such registration is required by, or under, any enactment in relation to—
    1. the work that the person is to perform, or
    2. the title that the person takes or uses.
  5. Where a person employed by the registered person no longer meets the criteria in paragraph (1), the registered person must—
    1. take such action as is necessary and proportionate to ensure that the requirement in that paragraph is complied with, and
    2. if the person is a health care professional, social worker or other professional registered with a health care or social care regulator, inform the regulator in question.
  6. Paragraphs (1) and (3) of this regulation do not apply in a case to which regulation 5 applies.

Guidance

This sets out the guidance providers must have regard to against the relevant component of the regulation.

19(1) Persons employed for the purposes of carrying on a regulated activity must–

19(1)(a) be of good character,

19(1)(b) have the qualifications, competence, skills and experience which are necessary for the work to be performed by them, and

19(1)(c) be able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the work for which they are employed.

19(2) Recruitment procedures must be established and operated effectively to ensure that persons employed meet the conditions in–

(a) paragraph (1), or

(b) in a case to which regulation 5 applies, paragraph (3) of that regulation.

19(4) Persons employed must be registered with the relevant professional body where such registration is required by, or under, any enactment in relation to–

(a) the work that the person is to perform, or

(b) the title that the person takes or uses.

19(5) Where a person employed by the registered person no longer meets the criteria in paragraph (1), the registered person must–

(a) take such action as is necessary and proportionate to ensure that the requirement in that paragraph is complied with, and

(b) if the person is a health care professional, social worker or other professional registered with a health care or social care regulator, inform the regulator in question.