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written evidence or evidence that it operates appropriate HR processes, it will fail to meet the CQC Regulations.
must be able to provide certain information to the CQC. The requirements are set out in Schedule 3 of the CQC Guidelines and include documents like photographic ID, Criminal Records Certificate, proof of qualifications and health information.
The key practical point is to ensure that records are properly kept and that due diligence is undertaken. It may no longer be appropriate to take an applicant’s ‘word for it’ and one must be mindful of the trait of exaggeration in incoming CVs. It would appear that very careful questioning is required. However, prospective employers will need to take care that, in the course of interviewing a candidate for a position, they do not ask inappropriately phrased questions that might leave them open to complaint.
As above, under Regulations 4 and 6, ‘fitness’ requires demonstration that the individual, the partners or the ‘nominated individual’ (in the case of a company) have the necessary qualifications, skills and experience to manage and/or supervise the provision of services. Again, the CQC Guidance requires appropriate processes for assessing and checking that the person concerned meets the
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requirements. It goes on to say that ‘these processes must be followed in all cases and relevant records kept’.
Therefore, one might consider introducing a policy which records core competencies and a robust appraisal or review system. In this way, a provider has evidence that it is meeting the requirements under the CQC Regulations. If the service provider lacks written evidence or evidence that it operates appropriate HR processes, it will fail to meet the CQC Regulations and can have conditions imposed upon it by the CQC.
It must be borne in mind that the CQC is affecting a two-way approach to its regulatory duties. It has harmonised the ‘Fundamental Standards’, namely the basic requirements in the delivery of care, but it is also pursuing an agenda of trying to make care providers better run and more accountable.
Not only must there be minimum standards as to the type of person who undertakes ‘regulated activities’, a way must be found to ensure that they are also suitable in terms of their nature and experience. Most importantly, the CQC must be convinced that a service provider
has individuals whom they have not happened upon by ‘good luck’. The CQC will expect to see robust policies and procedures put in place which demonstrates service providers’ culture. This culture should be one which is transparent and accountable.
Finally, it would be pertinent for care providers to ensure that they seek legal support, not only to ensure they meet their obligations to the CQC, but also to their colleagues, prospective or otherwise. Early assistance in creating CQC-friendly policies and procedures, which are lawful in the context of employment law, will be essential in avoiding grievances. Care providers that embrace such an approach may find a useful means of positively distinguishing themselves from those that resist.
Richard recently produced an in- depth report following interviews with 80 care home owners and managers on the key issues facing their businesses, the care sector and their residents as well as what residents themselves considered most important. A copy of the report can be downloaded here.
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If the service provider lacks
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