Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps he is taking to ensure that individuals found responsible for abusive conduct towards vulnerable adults cannot work in publicly funded social care services.

The intention of Care Quality Commission (CQC) Regulation 19 Fit and proper persons employed of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is to make sure providers only employ 'fit and proper' staff who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity.

To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them.

In addition, an Enhanced Disclosure and Barring Service check must be undertaken prior to the recruitment of all care workers. If an individual has been barred, then they will be added to the Adults’ Barred List. If they knowingly engage, or seek to engage, in regulated activity with a vulnerable group from which they are barred then they would be committing a criminal offence, punishable by imprisonment and/or a fine. The same is true for employers who knowingly employ somebody who is on the barred list.