Independent review
Completed
Kark Fit and Proper Persons Review
Independent review examining how the Fit and Proper Persons test operates for NHS directors. Found the test was applied inconsistently and made 7 recommendations to strengthen accountability for senior NHS leaders.
Government Response
The Government published its response on 6 February 2019, the same day as the Kark Review. It accepted two of the seven recommendations in principle - a central database of directors' qualifications, employment history and performance, and new competency standards for senior managers - and deferred the remaining recommendations (including a body able to suspend or bar directors for serious misconduct) to the NHS workforce implementation plan. It did not at that point pursue a full disbarring mechanism for managers.
Recommendations
Recommendation 1
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.
Recommendation 2
That a central database of directors should be created holding relevant information about qualifications and history
Recommendation 3
The creation of a mandatory reference requirement for each Director. We recommend that full, honest and accurate mandatory employment references should be required from any relevant employer where an employee is moving from a post covered by Regulation 5 to a post covered by Regulation 5. Such references must not be subjected to any limitation by the terms of a compromise or settlement agreement and any such attempted limitation shall be regarded as of no effect. The 'old' employer must provide such a reference and the 'new' employer must require one.
Recommendation 4
The FPPT should be extended to all Commissioners and other appropriate Arms-Length Bodies (including NHSI and NHSE)
Recommendation 5
The power to disbar directors for serious misconduct. We recommend the setting up of an organisation which will have the power to suspend and to disbar directors covered by Regulation 5, who are found to have committed Serious Misconduct (as defined in Recommendation 5.2 below (13.5.2)). In order to affect this, legislation is likely to be required. Such an organisation could be housed within NHSI, and could be known as the 'Health Directors' Standards Council' (HDSC).
Recommendation 6
We recommend that, in relation to Regulation 5 (3) (d) of the Regulations, the words "been privy to" are removed.
Recommendation 7
We recommend that further work is done to examine how the test works in the context of the provision of social care and whether any amendments are needed to make the test effective.
No recommendations with this response.