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Responsible And Nominated Individuals: Who Are They And What Do They Do?

nominated individuals

When running a care facility or provider, it is important to make sure that they comply with the relevant regulations and meet their registration conditions. This is where the role of responsible or nominated individuals comes in.

In order to clear up any confusion about the role and overall responsibilities of a responsible individual, we’ve put together this guide.

What is a responsible or nominated individual?

A responsible or nominated individual is usually found in a care or nursery setting. They are responsible for supervising the management of the regulated activity provided at the facility.

This is to ensure that the facility is providing sound governance and reporting this to a regulatory body such as the CQC or the CIW. They are considered a senior representative of the care facility and are usually one of the following:

  • An owner
  • A partner
  • A board member
  • A director
  • A senior officer of the local authority

The key responsibilities of a responsible individual are:

  • Overseeing regulated activity and service management
  • Ensuring that service is well run and safe
  • Assuring that the service complies with the service standards and regulations
  • Making sure that the service has a manager, sufficient resources and support to provide an effective service

How does an employee become a responsible individual?

There are no formal qualifications an employee would need in order to become a responsible individual, but they must be able to demonstrate and provide evidence to the relevant regulatory body that they can meet their statutory duties.

This would include knowledge of specific duties, oversight and legislative framework for their respective care facility, as well as being in regular contact with the service.

A responsible employee must also show that they are fit to carry out their duties by:

  • Having a record that does not include evidence that the individual has unfairly discriminated against or victimised people who are subject to the Equality Act 2010
  • Having a work record that does not include any history of misconduct including financial misconduct that would disbar them from assuming or continuing in their role
  • Being of good character with any criminal offences recorded against them not being considered to disbar them from assuming or continuing in their role
  • Providing the suitable regulatory body with documents that confirm their suitability

The CQC can take regulatory action if this regulation (or any of its parts) are breached.

Do responsible individuals require a DBS Check?

As responsible individuals are required to oversee regulated activity, it may seem obvious that they would require a DBS Check.

Regulated activity would include teaching, training, caring for or supervising children or providing social, personal or health-based care for vulnerable adults.

If an applicant is engaging in activity they are eligible for an Enhanced DBS Check with a check against the appropriate barred list (depending on the ages of the vulnerable group they are working with).

However, anyone who is responsible for the day to day management/supervision of those carrying out regulated activity is also engaging in regulated activity. This would make responsible individuals eligible for an enhanced DBS check with applicable barred lists.

Responsible and nominated individuals – conclusion

We hope that this guide on responsible and nominated individuals has been useful – be sure to get in touch with us if you have any further questions. You can apply for a number of DBS Checks through our simple online platform – most checks are completed within 48 hours. Get started now.

Our blogs are advisory in nature and reflect uCheck Limited’s current thinking about best and common practice in the subjects discussed.

The information contained in our blogs have been provided for information purposes only. This information does not constitute legal, professional, or commercial advice. Whilst every care has been taken to ensure that the content is up to date, useful and accurate, uCheck gives no guarantees, undertakings, or warranties in this regard, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information.

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