All care facilities and providers must comply with all relevant regulations and meet all registration conditions. The person who oversees this process is the responsible or nominated individual.
The role of a responsible/nominated person is vital within the care facility. To ensure there’s no confusion in place, this guide will explain their roles and responsibilities, if they require a DBS check and at which level it should be.
What is a Responsible or Nominated Individual?
A responsible or nominated individual supervises how regulated activity is managed, usually in a care or nursery setting. This ensures the facility is providing the correct governance and is reporting this to the regulatory body – such as the CQC (Care Quality Commission) or the CIW (Care Inspectorate Wales).
Responsible or nominated individuals are usually a senior representative at the facility in one of the following roles:
- Member of the Board
- Senior Officer of the local authority
Roles and Responsibilities of a Nominated Individual
Responsible or nominated individuals are expected to:
- Oversee all regulated activity on site and service management
- Ensure the service is run well and safely
- Ensure that the service is compliant with service regulations and standards
- Make sure that the service is managed and has the right resources
How Employees Become Responsible Individuals
To become a responsible individual, staff aren’t required to have formal qualifications. However, the person must be able to show and provide evidence to regulatory bodies that they can meet the statutory duties.
To meet statutory duties, responsible individuals should demonstrate knowledge of specific requirements, oversight and legislative framework for their care facility and have regular contact with the service.
A responsible employee must also demonstrate their ability to carry out duties by:
- Having a record without evidence that the person has unfairly discriminated against or victimised people who are subject to the Equality Act 2010
- Having a work record without any evidence of misconduct such as financial misconduct which would disbar them from taking on or continuing with the role
- Demonstrating a good character with any criminal offences recorded against them not being considered, which would stop them taking or continuing in the role
- Providing regulatory bodies with evidence that confirms their suitability for the role
The CQC can take regulatory action against the care provider if any part of the regulation is breached.
The CQC can also refuse registration if the provider cannot present sufficient evidence that they can comply with regulations.
Responsible Individuals and DBS Checks
Responsible individuals in a position that requires overseeing regulated activity require a DBS check.
Regulated activity involves roles with children and/or vulnerable adults. This includes teaching, training, caring for supervising children. For vulnerable adults it’s the provision of social, personal or healthcare.
If the applicant will be engaging in regulated activity, they are eligible for an Enhanced DBS check. This will be against the appropriate barred list, based on the ages of the vulnerable people they will be in contact with.
Above them, any person who is responsible for the daily management/supervision of every person involved in regulated activity is in-turn engaging in regulated activity. This makes the responsible individuals eligible for an Enhanced DBS check with the suitable barred lists.
Responsible Individuals and Care Check
If you have further questions about responsible and nominated individuals and/or their DBS checks, you can speak to the experts at Care Check.