Fit and Proper Persons (Directors) Policy

FIT AND PROPER PERSONS (DIRECTORS) POLICY

HAUS OF ÄSTHETIK


Effective Date: 01st April 2025

Review Date: 01st April 2026

Approved by: Managing Director

Applies to: Company Directors, CQC Registered Persons

 

1. Purpose

This policy sets out the process by which Haus of Ästhetik ensures that all individuals appointed as Directors or in equivalent governance positions meet the requirements of the Fit and Proper Person Test (FPPT) in accordance with Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

It is intended to ensure that only individuals of good character, with appropriate qualifications, competence, and experience, and without any disqualifying history, are permitted to direct or influence the provision of regulated services at the clinic.

This policy reflects the values of transparency, fairness, and proportionality and recognises that regulatory findings must be based on evidenced outcomes—not unproven allegations.

 

2. Legal & Regulatory Framework

This policy aligns with:

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 5

  • CQC Fundamental Standards

  • NHS Fit and Proper Person Guidance (2020)

  • NMC and GMC Fitness to Practise Guidelines

  • Employment Rights Act 1996 (fairness and non-discrimination in employment)

 

3. Definitions

Fit and Proper Person: An individual who satisfies the regulatory requirements in terms of:

  • Good character

  • Proper conduct and governance

  • Competence, skills, and experience

  • Financial soundness

  • Health (physical or mental condition that affects role)

  • No relevant criminal convictions or professional sanctions

 

4. Application and Scope

This policy applies to all Directors and those in equivalent governance positions at Haus of Ästhetik, including the CQC Registered Manager. It forms part of pre-appointment checks and annual governance review.

 

5. Assessment Criteria

The Director must:

  • Not be an undischarged bankrupt or under a Debt Relief Order.

  • Not be on any barred list preventing work with vulnerable adults.

  • Not have been convicted of offences outlined in Schedule 4 Part 1 of the 2014 Regulations.

  • Not have been removed from a professional register due to misconduct or disciplinary findings.

  • Demonstrate the ability to lead services that are safe, effective, and compliant.

  • Fully disclose any regulatory concerns, investigations, cautions, or fitness to practise matters (whether concluded or pending).

 

6. Good Character & Proportionality

Haus of Ästhetik affirms that mere allegations or complaints do not equate to findings.

We assess character and suitability based on:

  • Proven outcomes of formal investigations.

  • Whether there is any evidence of intent to deceive, harm, or act recklessly.

  • Consideration of spent convictions and police cautions in the context of the offence and rehabilitation.

  • Professional regulator conclusions (e.g. NMC, GMC), and whether these led to any restrictions or findings.

Ongoing or unresolved regulatory concerns, in the absence of any findings, are treated as neutral unless and until they result in a formal outcome.

 

7. Disclosure & Declaration

All Directors must complete a Fit and Proper Person Declaration:

  • Upon appointment.

  • Annually, as part of clinical governance.

  • When a new concern or regulatory matter arises.

Declarations must include:

  • Any criminal convictions, cautions, or investigations.

  • Any regulatory concerns, even if no findings have been made.

  • Any disqualifications from a professional body.

  • Any health matters that may impair the ability to fulfil duties.

 

8. Decision-Making Process

Where a matter arises that may affect FPPT status:

  • The matter will be considered by the Managing Director and Governance Lead.

  • Legal and regulatory advice will be sought if necessary.

  • The nature of the issue, its severity, recency, and relevance to the role will be evaluated.

  • An individual will not be deemed unfit based solely on unsubstantiated or unresolved allegations.

  • Where concerns are raised, a risk assessment will be conducted and retained in the governance file.

 

9. Appeals

Any person deemed not to meet the Fit and Proper Person requirement has the right to:

  • A written explanation of the decision.

  • An opportunity to respond and provide additional evidence.

  • Appeal the decision through an internal review process or employment tribunal if applicable.

 

10. Record Keeping & CQC Compliance

All declarations, checks, and supporting evidence will be:

  • Retained securely and in accordance with Regulation 17(5) for good governance.

  • Made available to the CQC upon request.

  • Reviewed annually as part of the Clinical Governance cycle.

 

11. Monitoring & Review

  • This policy will be reviewed annually or upon significant changes to law or guidance.

  • The policy is incorporated into the induction process for all incoming Directors and Registered Persons.

 

Conclusion

Haus of Ästhetik recognises the importance of maintaining public trust in healthcare leadership. This policy reflects our commitment to fairness, regulatory compliance, and robust governance. We believe that only findings, not allegations, should determine a person’s fitness to direct a regulated service.