Corporate accountability in health and social care - fit and proper person regulations

Closed 25 Apr 2014

Opened 27 Mar 2014

Overview

Overview:

On 4th July 2013, we published the consultation on Strengthening corporate accountability in health and social care, setting out proposals for all directors of providers registered with the Care Quality Commission (CQC) to meet a new “Fit and Proper Person Test”. The consultation, which closed on 6th September 2013, asked for views on these proposals to enable CQC to insist on the removal of directors that fail this fit and proper person requirement (FPPR).  

We received a wide range of responses in September about our strengthened plans to hold providers to account. Most people and organisations who have written to us or contributed at meetings have agreed with the overall principle, but some people voiced concerns about how these proposals would work in practice. 

This consultation provides an opportunity to comment on the draft regulations and draft impact assessment.

 

Policy Background

The inquiry into Mid Staffordshire NHS Foundation Trusts made a number of recommendations around the conduct and performance of senior NHS managers and leaders. In our initial response,  Patients First and Foremost, we said that we would establish a barring mechanism to ensure that NHS leaders and senior managers, whose conduct or competence makes them unsuitable to work in the health and care system, are prevented from working and moving to a similar job within the sector.

In Hard Truths – The Journey to Putting Patients First, published in November 2013, we confirmed that we will introduce a Fit and Proper Persons requirement, regulated by the Care Quality Commission (CQC), for Board directors or equivalents across public, private and voluntary sector providers of health and adult social care.

We have published for consultation the draft regulations which will introduce the new fit and proper person requirement for director level posts.  We have also published a draft  impact assessment.

This consultation does not cover the proposed Fundamental Standards or the new Duty of Candour. We are consulting separately on each of these proposals, although the intention is to introduce these measures as part of the same set of regulations.

 

 

Why We Are Consulting

Why we are consulting:

We want your views on:

  • The draft regulations
  • The impact these changes will have

 

Audiences

  • Voluntary groups
  • Community groups
  • Charities
  • Civil society
  • Advocacy or support organisations
  • GPs
  • Nurses
  • Health visitors
  • Clinicians
  • Managers
  • Commissioners
  • Directors of Public Health
  • Pharmacists
  • Doctors
  • Midwives
  • Healthcare scientists
  • Paramedics
  • Dentists
  • Art therapists
  • Dramatherapists
  • Music therapists
  • Chiropodists/ podiatrists
  • Dieticians
  • Occupational therapists
  • Orthotists
  • Orthopists
  • Prosthetists
  • Physiotherapists
  • Diagnostic radiographers
  • Therapeutic radiographers
  • Speech and language therapists
  • Childcare providers
  • Allied Health Professionals
  • Care-Givers
  • Ophthalmic Practitioners
  • Responsible Officers
  • Foundation Trusts
  • NHS Commissioning Board
  • Tribunal Service
  • Clinical Commissioning Groups
  • Regulatory body
  • Academic/ Professional institution
  • Employer representatives
  • Employee representatives
  • Trade union
  • Deaneries
  • Higher Education institutions
  • Royal Colleges
  • Local authority
  • Social care provider
  • Directors of Adult Social Care Services
  • Members of the public
  • Patients
  • Patients
  • Carers
  • Service users
  • Retailers
  • Suppliers
  • Information providers
  • Information professionals
  • Informatics professionals
  • PCT Cluster CEs
  • NHS Trust CEs
  • SHA Cluster CEs
  • Directors of PH
  • Local Authority CEs
  • Businesses
  • Public Health Organisations
  • Academics
  • Members of the Public
  • Local Authority CEs
  • Allied Health Professionals

Interests

  • Primary care
  • Mental health
  • End of life care
  • Maternity services
  • GP consortia
  • Adult social care
  • Carers
  • Dementia
  • Personal health budgets
  • Health and well-being boards
  • Funding
  • Commissioning
  • Accountability
  • Transition
  • Health scrutiny
  • NHS Commissioning Board
  • Clinical Governance
  • Performers Lists
  • Regulation