Eligibility
It is a statutory requirement that all Directors meet the ‘Fit and Proper Person’ test set out in Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. This means that:
- You are of good character
- Have the qualifications, skills and experience necessary to undertake your Trust role
- Your health enables you (after reasonable adjustments, if required) to undertake the role
- You have not been involved with or are aware of any serious misconduct or mismanagement in relation to the provision of services regulated by the Care Quality Commission
- You are not subject to certain other matters related to bankruptcy, being on a Barred Person’s List, or having been struck off by a health or social care regulator.
You will be required to complete a self-attestation on appointment to confirm your eligibility under this Regulation, in line with the NHS England Fit and Proper Person Test Framework August 2023. The Trust will undertake checks prior to confirming an appointment. All Directors are subject to review, at least annually, to ensure that they continue to meet these requirements.
Criteria for eligibility for appointment as a member of the Board
Part of the legal qualification for serving as Chair is that you are a formal member of the Foundation Trust. The successful candidate will require to have been accepted into membership prior to assuming office.
The following paragraphs identify the circumstances where an individual would not be eligible for appointment as a member of the Board of Directors. These are quoted directly from the Trust’s Constitution.
A person may not become or continue as a Director of the Foundation Trust if:
- They have been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged;
- They have made a composition or arrangement with, or granted a trust deed for, their creditors and has not been discharged in respect of it;
- They have within the preceding five (5) years has been convicted in the British Isles of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three (3) months (without the option of a fine) was imposed on them.
Checks with the Disclosure and Barring Scheme (DBS)
The Chair may occasionally have access to children and vulnerable adults through their work for the trust. To safeguard service users by identifying unsuitable candidates, all appointments will be dependent upon satisfactory completion of a disclosure through the DBS. Checks will be carried out by the Trust after the appointment offer and before the individual takes up their full duties.