Ivy Atkin
25 Oct 2016 · Coroner Stephanie Haskey · Nottinghamshire
The coroner's concerns
1. lack of DBS certificate for Nominated Individual
“had criminal convictions including for an offence involving violence against another person. He had not provided a Disclosure and Barring Service (”
2. inability to assess suitability of Nominated Individual
“The CQC were therefore unable to assess whether or not was of good character and was suitable for the position of Nominated Individual”
3. expectation of DBS assessment not enforced
“This is because the CQC expected and still expects a Provider to consider DBS certificates and make decisions as to the suitability of a proposed Nominated Individual”
4. conflict of interest in appointment
“In the case of a small family owned limited company, where the controlling 1 director and Nominated Individual are one and the same person, as in this case, there is therefore no reliable nor independent nor objective means of assessing the good character, safety and suitability of a Nominated Individual”
5. regulatory loophole in legislation
“This is because the wording of the present Regulation 6 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 allows for such a”
Responses
2016-0379-Response-by-Care-Quality-Commission.pdf ↗· Care Quality Commission
Stated action
“we have concluded that CQC should not directly check the DBS for Nominated Individuals.”
Stated action
“CQC check systems and processes to ensure that providers are confident that the individuals they are recruiting are suitable, whether as Nominated Individual or otherwise.”
Stated action
“Through Regulation 5we expect diligent enquiries to be made by providers at the appointment stage and effective performance management for the duration of the appointment.”
Stated action · 2018
“Work is underway to develop a triage system for registration applications to ensure that higher risk applications go through an appropriate process, and to streamline our processes for those that are lower risk.”
2016-0379-Response-by-Department-of-Health.pdf ↗· Department of Health and Social Care