Summary
In July 2018, the then Minister of State for Health, Stephen Barclay MP, commissioned Tom Kark QC to write a report and to make recommendations in relation to the fit and proper person test (FPPT) as it applied under Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
The Tom Kark QC review of the fit and proper person test (the Kark review) was published in February 2019 and made seven recommendations on how to improve the operation and effectiveness of Regulation 5.
Content
2022 update
The approved proposals which now form the basis of the current implementation work overseen by the newly established Kark Implementation Steering Group (the 2022/2023 Steering Group), are as follows:
- All Directors (executive, non-executive and interim) should meet specified standards of competence to sit on the board of any health providing organisation. Where necessary, training should be available.
- That a central database of directors should be created to hold relevant information about qualifications and history.
- A mandatory reference requirement for each director should be introduced.
- The FPPT should be extended to all commissioners and other appropriate arms-length bodies.
The ministerial position is that Kark recommendation 5 (‘the power to disbar for serious misconduct’) is not being progressed at this time.
Ministerial support was received for recommendation 6, and this will be taken forward as an action by the Department of Health Social Care (DHSC) and the Care Quality Commission (CQC):
- Remove the words “been privy to” from regulation 5.
The final Kark recommendation related to extending the FPPT to social services. This is outwith the scope of the current NHS England work and will not progress as part of this programme of work.
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