Consultation outcome

Improving corporate accountability in health and social care

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

This consultation has concluded

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Detail of outcome

We plan to continue with the proposal set out in the consultation to introduce a new fit and proper person requirement for directors of providers registered with the Care Quality Commission.

The majority of the 54 responses to the consultation supported the overall principle of introducing the fit and proper person requirement for director level posts. Many respondents wanted more information about how the test would work.

We are now consulting on the draft regulations.

Original consultation

Summary

Consultation on proposals for a new fit and proper person test for directors of health and social care providers.

This consultation ran from
to

Consultation description

This consultation asks for views on proposals to hold providers of health and social care to account where there are serious failures in care.

It proposes that all directors of providers registered with the Care Quality Commission (CQC) – NHS hospitals, private hospitals and care homes – must meet a new fit and proper person test. The CQC will be able to insist on the removal of directors that fail this test.

In cases where providers fail in the care that they provide, the CQC will be able to consider the role of the board and individual directors in that failure – with the power to prosecute in the case of serious failure.

The CQC has recently launched its own consultation on a new regulatory model which will include developing new fundamental standards as part of the requirements for registration with CQC. This will set in law a clear baseline below which care must never fall, and will allow CQC to take action against providers that do not meet these standards, including prosecuting individual directors where it can be established that they had neglected their duty to ensure that the basic standards of care are provided.

Documents

Strengthening corporate accountability in health and social care

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Corporate accountability: our plans: easy read version

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Published 4 July 2013
Last updated 27 March 2014 + show all updates
  1. The Department of Health has published its consultation response on proposals about how to hold providers to account where there are serious failures in care.
  2. First published.