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This Policy will summarise the Organisation’s philosophy concerning the appointment of Fit and Proper Persons in the roles of Directors of the Organisation, and key staff members. This will form part of the Staff Recruitment process (Policy No 1200), and the data recorded on Form No 1-207 - Employee Verification Record.


For Directors: This will be in accordance with Part 3; Section 1; Requirement 5 of the Health & Social Care Act 2008 (Regulated Activities) Regulations 2014: “Fit and proper persons: directors”.


For Employees: This will be in accordance with Part 3; Section 2; Regulation 19 of the Health & Social Care Act 2008 (Regulated Activities) Regulations 2014: “Fit and proper persons employed”.



1. A Fit and Proper Person will be required to fulfil the following requirements for employment within the Organisation:


1.1 The candidate will be physically and mentally fit to enable them to carry out their duties to a satisfactory standard.


1.2 The candidate will possess the necessary skills, qualifications and experience to enable them to carry out their duties to a satisfactory standard. Relevant Job Specifications will refer.


1.3 The candidate must be of good character. For directors, any of the following “unfit” criteria MUST NOT apply:


  • Disqualification from holding a Company directorship position.


  • Have been responsible for, been privy to, contributed to, or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying out a regulated activity, or providing a service elsewhere which, if provided in England, would constitute a regulated activity.


  • Must not appear on any DBS Barred Lists (ref. clause 1.4 below).


  • Must not have been actively associated with any activities involving bankruptcy, insolvency or sequestration.


1.4 The candidate must possess a current and valid Certificate from the Disclosure & Barring Service (DBS),and is able to fully account for their previous employment history.


2. If, during employment, a board director no longer meets the Fit and Proper Persons requirement to the extent that a regulated activity is compromised, the Organisation undertakes to inform the Registration Authority with immediate effect.


FORMS REFERENCES:

Form No: 1-207 Employee Verification Record


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