CQC update guidance on the fit and proper person requirement

Topics covered: Ridouts professional advice

The CQC has amended guidance on Regulation 5 – the fit and proper persons requirement for directors. The change comes as a result of the ‘next phase of regulation’ consultation.

The guidance now provides a more detailed explanation of what the CQC interprets as serious mismanagement and serious misconduct. It intends to offer more clarity about the obligations and responsibilities of those holding director roles.

All providers registered with the CQC must assure themselves that all directors (or those in equivalent roles) who are responsible and accountable for delivering care are fit to carry out their responsibility for the quality and safety of care.

Providers are responsible for appointing, managing and dismissing their directors, and must carry out appropriate checks to make sure directors are suitable for their role. The CQC reaffirms it’s role as making sure that providers have appropriate recruitment and performance management processes in place.

Any provider found not to be meeting this requirement will be subject to enforcement action. CQC will monitor compliance with this regulation at the point of registration, when a provider applies to vary its registration, and when it carries out inspections using the well-led key question.

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