Fit and Proper Person Test - DAC Beachcroft

Expertise

Fit and Proper Person Test

Since April 2015, all health and social care providers have had to comply with Regulation 5 of The Health & Social Care Act 2008 (Regulated Activities) Regulations 2014, which sets out the requirement for all board level directors to be fit and proper persons.

One of the key recommendations from the Francis Report was that all Board-level director appointments in health and social care provider organisations conform to a set of rigorous standards relating to qualifications, personal attributes and behaviours. This mirrors what is happening in, for example, the banking and insurance sectors where Boards are also under ever increasing scrutiny.

The introduction of the Fit and Proper Persons Test has had wide ranging implications from a governance, HR and legal perspective

Below our Fit and Proper Persons experts Katy, Corinne 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.

What we do

We have a range of products and services to help you navigate through the new regulatory landscape. We can help you design recruitment processes so you can assure your organisations you have the right people in post.

We can help you ensure you have the right policies, procedures and contracts in place to help you withstand regulatory scrutiny. We can also help you to quickly and effectively address concerns that one or more of your Board may not be Fit and Proper Persons. We can also help you if you find that your organisation is under scrutiny from your regulators.

What we are known for

Our offering around Fit and Proper Persons is unique in that we can draw on the expertise of our experts from our national employment, governance and healthcare teams.

Detailed elements of our service

  • Fit & Proper Persons Policy;
  • Self-Declaration Forms for Directors;
  • Contracts of employment;
  • Key contractual clauses;
  • Disciplinary Procedures to reflect the new requirements.
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