CQC Regulation 19: safe recruitment & fit and proper persons

What Regulation 19 actually says

Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is titled “fit and proper persons employed”. In short, everyone you employ to deliver or manage care must be of good character, physically and mentally able to do the job, and suitably qualified, skilled and experienced for it. Before they start, you must obtain the information set out in Schedule 3 of the regulations.

It is not enough to do the checks. You have to be able to show you did them, for every member of staff, whenever an inspector asks. That evidence lives in the recruitment file, and thin or missing files are one of the most common shortfalls CQC finds.

The six pre-employment checks

Schedule 3 boils down to six checks you complete before someone starts:

Identity. Confirm the person is who they say they are, with documentary evidence.
Right to Work. Confirm they are legally allowed to work in the UK before they start.
Professional registration & qualifications. Evidence of any registration and qualifications relevant to the role.
Employment history & references. A full employment history with a satisfactory written explanation of any gaps, plus references that meet Schedule 3.
Criminal record (DBS). The appropriate level of DBS check for the role, obtained before or as they start.
Work health assessment. Satisfactory information about any physical or mental health condition relevant to the role, after reasonable adjustments.

References, gaps and good character

References must, at a minimum, provide the information specified in Schedule 3, and should normally include one from the most recent employer. A full employment history matters too: where there are gaps, you need a satisfactory written explanation on file, not a shrug. For roles where values and judgement matter, inspectors increasingly want to see evidence that you tested them, such as a record of the questions asked at interview, the answers given, and your considered assessment of the person’s suitability.

It does not stop at hire

Regulation 19 also expects ongoing monitoring, so staff remain fit for their role, and appropriate arrangements for when someone is no longer able to carry out their duties. Time-limited checks, like a Right to Work with an expiry date, need to be kept current rather than filed and forgotten.

How Join Care Now helps

Join Care Now keeps every one of these checks against the person, requested, chased, approved and time-stamped, so a recruitment file assembles itself as you hire. Right to Work, DBS and references are tracked, contracts and policies are signed online, and expiry dates are chased for you. When an inspection comes, the evidence is already there.

Join Care Now helps you stay organised and evidence safe recruitment. It supports your checks; it does not replace them, and legal responsibility for compliance stays with your organisation.

See it on your own roles

This guide is general information, not legal or regulatory advice. Always check the current wording of Regulation 19 and Schedule 3 and CQC’s guidance for the detail that applies to your service. Running a service in Wales instead? Read our CIW safe-recruitment guide.