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Fit and Proper Person Test

Published On: 10 February 2015

Following on from the Francis Report, the CQC have launched the new Fundamental Standards through which they will regulate all health and social care providers. A major limb of the new Standards is the requirement that all Board level director appointments within those providers must satisfy a new Fit and Proper Person test (FPPT). This deals with the 'well led' domain of the new inspection regime, and addresses the expectation that health and social care leadership has a benchmark as well as the care itself. The NHS needs to be compliant already, and for all other providers, compliance will be mandatory from 1 April 2015.

It is crucial for compliance, that all health and social care providers have robust and transparent recruitment processes, as well as a Board decision making process that is clear and well documented. These systems and processes must be able to stand up to both real time and retrospective challenge.

Three key risk areas that health and social care providers should consider:

  • What happens if a Board level appointment breaches the mandatory elements of the FPPT?
  • What happens if an organisation does not have a robust process in place to comply with the FPPT?
  • What should an organisation do if concerns are raised about the status of a prospective Board level appointment during the recruitment process?

How can we help?

We have a series of products and services to help you navigate through the resource demands and initial uncertainty of scope of the FPPT, and to arrive at a reduced risk position on compliance. These include:

  • Amendments to employment contracts to address FPPT;
  • Template FPPT policy ready for your recruitment process;
  • Triggers flow chart for fitness concerns;
  • Board training on FPPT compliance;
  • Investigations where Director fitness concerns are raised;
  • Compliance audit for FPPT.

These products and services are provided by the combined specialist health team within DAC Beachcroft LLP including HR, our Governance Advisory Practice and our healthcare regulatory experts. The test has far-reaching implications across employment practices, governance and Board function, all wrapped into regulatory compliance, the implications will affect every health and social care provider Board.

Click here to see our Fit and Proper Persons experts Corinne, Katy and Tim explain more about the implications of the new requirements, and how we can help you ensure your organisation has the robust systems and processes it needs to comply.