27.03.14
Managers who fail ‘fit and proper person test’ face axe
Directors of health and social care organisations could be removed from their post it they fail to meet a new “fit and proper person test”.
People would be deemed ‘unfit’ if they have been sentenced to imprisonment for three months or more within the last five years; are an undischarged bankrupt; are subject of a bankruptcy order or an interim bankruptcy order; have an undischarged arrangement with creditors; or are included on any barring list preventing them from working with children and vulnerable adults.
The Department of Health is considering introducing a legal duty forcing health and social care organisations registered with the Care Quality Commission (CQC) to ensure their directors meet the new fit and proper person requirement (FPPR).
Changes to the current system would mean that all directors or equivalents (including executive and non-executive directors, chairs and trustees), sole traders and partnerships, would have to pass the FPPR.
Providing the legal duty is introduced, the CQC would then be able to check new appointments and intervene to require the removal of directors from posts if they are not up to the job.
Norman Lamb, care and support minister (pictured), said the test will “allow us to make sure that those leading health and care organisations are up to the job – and to remove those who are not, including those who have presided over poor care”.
He added: “Scandals like Winterbourne View and Mid-Staffs damaged confidence in our health and care system. We are committed to rebuilding that trust and making sure that people at all levels are held to account for failings when they occur.”
The consultation process, which runs until 25 April 2014, is looking at how the revised FPPR will work; propose a draft of the regulations that will introduce the FPPR; and look at questions about the impact of the new regulations.
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