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<p>The Care Quality Commission (CQC) is able to check that providers are meeting the
Fit and Proper Persons Requirement (FPPR), either after a notification has been received
when a new board director, board member or individual who performs the functions equivalent
to the functions of a board director and member director is being appointed or during
an inspection of a provider, and could impose a condition on the provider to require
the removal of an unfit director.</p><p> </p><p>The CQC has provided the following
response:</p><p> </p><p>Assessing compliance with FPPR is an integral part of the
CQC’s assessment of inspections of well-led and this is business as usual. In addition
to routine assessment of providers the CQC respond to any FPPR referrals through the
processes in place since the regulation came into force. The CQC will continue to
operate within the current regulations and will engage fully with the review and respond
to any changes in the regulation moving forward.</p><p> </p><p>The Kirkup Review,
states that “a ‘just’ culture is one where openness and transparency is an essential
ingredient to identify the root cause if care falls below standards, or when care
doesn’t go according to plan”. The CQC’s assessments of Duty of Candour (DoC) are
an integral part of assessments of well-led and the CQC continues to consider DoC
as a matter of course.</p><p> </p><p>The CQC looks at DoC as part of well–led assessments
and have raised the profile of DoC in their State of Hospitals and ‘Learning, candour
and accountability - A review of the way NHS trusts review and investigate the deaths
of patients in England’ reports. In addition, the CQC plans this year to update guidance
and refresh training for inspectors in this area.</p>
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