Understanding what Regulation 19 (Fit and Proper Persons Employed) requires and how structured recruitment documentation supports workforce suitability oversight.
Regulation 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is titled Fit and Proper Persons Employed.
It requires providers to operate robust recruitment procedures and make sure persons employed for regulated activities are of good character, have the qualifications, competence, skills and experience necessary, and are fit for the work they are to perform.
In practice, this means providers need to:
The regulation refers to Schedule 3, which sets out the information providers must obtain and keep as part of recruitment checks.
Providers must verify the identity of all staff members before employment begins.
This typically includes reviewing official identification documents and recording verification.
Where roles involve regulated activity with vulnerable adults or children, providers must obtain an Enhanced DBS check, including the relevant barred list check.
DBS certificate details should be recorded as part of the recruitment record where a DBS check is required for the role.
Providers must obtain a full employment history dating back to the end of the individual's full-time compulsory education (Schedule 3, Regulation 19). Any gaps must be explored with the applicant and the reasons recorded in the recruitment file. Providers should make sure employment history is complete, rather than limited to a set number of years.
Providers should obtain satisfactory references and keep a clear record of them as part of the recruitment file.
References help demonstrate the conduct and suitability of individuals for the role.
Providers must verify that staff have the legal right to work in the United Kingdom before employment begins.
Where applicable, providers must verify that any required professional registration is valid and current.
Providers must obtain information relevant to health, conduct, and suitability so they can assess whether the person is fit to perform the role.
Schedule 3 requires satisfactory information about any health conditions relevant to ability to perform the role. A health or fitness-to-work declaration should be signed and dated before the individual's start date and kept in the recruitment file.
During inspections, CQC inspectors may review recruitment documentation to see whether appropriate checks were completed and recorded.
Inspectors may look for evidence such as:
Complete recruitment files with required checks documented
Evidence that DBS checks were obtained before staff began work in regulated roles
References that are dated and clearly linked to staff members
Identity verification and right-to-work checks
Professional registration checks where applicable
Recruitment documentation that can be located quickly when requested
Inspectors are looking at whether providers can demonstrate robust recruitment processes and appropriate suitability checks for the role.
Many providers experience challenges such as:
Regulation 19 is about completing the right recruitment checks and keeping clear, accessible records of them.
EntryComply helps providers organise recruitment documentation within a structured workforce compliance system.
A structured register records recruitment checks and completion status for each staff member.
DBS certificate numbers, issue dates, and monitoring information can be recorded in one accessible location.
Reference receipt dates and sources can be recorded clearly as part of the recruitment record.
Where professional registration is required for the role, providers should have a clear process for checking that it remains valid. This may include nursing registration with the NMC, social work registration with Social Work England, or allied health professional registration with the HCPC. This may include nursing registration with the NMC, social work registration with Social Work England, or allied health professional registration with the HCPC.
Periodic documentation reviews help identify missing or incomplete recruitment information.
Monitoring activity is logged and dated to provide a clearer record of ongoing oversight.
This helps providers keep recruitment documentation clearer, more accessible, and easier to review when needed.
Important
EntryComply organises recruitment documentation and workforce compliance records.
EntryComply does not certify regulatory compliance, assess the suitability of any individual, or guarantee inspection outcomes.
Providers remain solely responsible for all recruitment decisions and regulatory compliance obligations.
Book a free 30-minute call to discuss how EntryComply helps organise recruitment documentation used in workforce suitability oversight.