< January 2018

CQC: Updated guidance on the fit and proper person requirement

CQC have updated their guidance on Regulation 5 - the fit and proper persons requirement for directors.

This upate is to reflect the changes outlined in CQC's recent ‘next phase of regulation’ consultation. The guidance provides a more detailed explanation of what CQC interprets as serious mismanagement and serious misconduct. It also offers greater clarity about the obligations and responsibilities of those holding director roles.

The fit and proper persons requirement (FPPR) was introduced in response to concerns raised following investigations into Mid Staffordshire NHS Foundation Trust and Winterbourne View Hospital. All providers registered with 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. CQC’s role is to make sure that providers have appropriate recruitment and performance management processes in place. CQC will take action against a provider if they believe they are failing to meet the requirement. It is not CQC's role to regulate individuals or to assure that any individual is fit or proper. CQC will continue to check this when a provider applies to register, or to vary its registration, and when they carry out inspections using the well-led key question.

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