Today the Department of Health and Social Care (DHSC) published the Kark review of the Fit and Proper Persons Test.
This independent review looks at how effectively the test prevents unsuitable staff from being redeployed or re-employed in health and social care settings.
The regulations require NHS trusts to seek the necessary assurance that all executive and non-executive directors (or those in equivalent roles) are suitable and fit to undertake the responsibilities of their role. Providers must ensure that its directors are not barred by the disclosure and barring service, are not undischarged bankrupts, are of good character, and have the necessary qualifications, skills and experience to undertake their role. They also must ensure that directors have not ‘been responsible for’ or ‘involved in’ or ‘privy to’ any serious misconduct or mismanagement in the course of carrying on a regulated activity or providing a service elsewhere which, if provided in England, would be a regulated activity.
The Care Quality Commission (CQC) holds NHS trusts to account in relation to FPPR as part of the key lines of enquiry under their regulatory assessment framework (under their well-led domain).