2.2 Explain the key roles, remit and responsibilities of the: • nominated individual • ‘fit and proper person’

This guide will help you answer 2.2 Explain the key roles, remit and responsibilities of the: • nominated individual • ‘fit and proper person’.

Nominated Individual – Key Roles, Remit and Responsibilities

The nominated individual (NI) is a person named by the provider (organisation or company) and registered with the Care Quality Commission (CQC). The law requires every provider to have an NI if the provider is not an individual, for example, a company or charity. The NI represents the provider at a senior level and ensures the service complies with regulations.

Roles of the Nominated Individual

The NI acts as the main link between the care provider and the CQC. Their job is strategic, making sure leadership and governance are in place across all locations run by the provider. Unlike the registered manager (who is responsible for day-to-day operations), the NI focuses on overall governance and compliance.

Remit of the Nominated Individual

Remit refers to the scope of responsibility. The NI’s remit covers:

• Oversight of all regulated activities carried out by the provider, across all services and branches.
• Championing a culture of safety and high quality throughout the organisation.
• Making sure effective leadership, governance, and processes are in place to meet required standards.
• Escalating risks and communicating major issues to the CQC.

The NI must understand the provider’s legal duties under the Health and Social Care Act 2008 and ensure these are implemented.

Responsibilities of the Nominated Individual

The NI’s specific responsibilities include:

• Acting as the main contact for communication with the CQC about compliance, changes, or events affecting the provider.
• Ensuring that the provider follows all relevant regulations, from safeguarding and consent to staffing and safe care.
• Supporting registered managers to deliver high standards and take action if standards drop.
• Making sure learning from incidents is shared across all services.
• Monitoring and assessing risks, policies, and systems at a strategic level.
• Overseeing provider-level investigations, audits, and quality improvement work.
• Ensuring the organisation has enough resources and training to comply.
• Promptly telling the CQC about serious incidents, major changes, or anything that might affect the quality of care provided.

The NI has joint legal responsibility for compliance. They can be held accountable if there are repeated or serious breaches of regulations.

Example Duties

• Signing off provider policies and procedures.
• Overseeing the recruitment and performance of registered managers.
• Receiving CQC correspondence on behalf of the provider and co-ordinating the provider’s response.
• Taking part in strategic planning to make services better and safer.

The nominated individual must be senior enough (usually a director or senior manager) to influence the whole organisation.

Fit and Proper Person – Key Roles, Remit and Responsibilities

Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 sets out the requirements for “fit and proper persons.” This applies to the provider’s directors and senior leaders (including NIs, board members, and some registered managers).

Who must be a Fit and Proper Person

The rule covers anyone who makes decisions about how the organisation is run or significantly influences care. This usually means all board members, directors, and the nominated individual.

Roles of a Fit and Proper Person

The fit and proper person requirement is about making sure people in charge are suitable, honest, and trustworthy. Their role is to:

• Provide leadership that is lawful, ethical, and puts people first.
• Make decisions in the best interests of people using the service.
• Oversee how risks are managed and compliance achieved.

Remit of a Fit and Proper Person

Their remit includes:

• Not having any history of serious misconduct, fraud, dishonesty, bankruptcy, or being banned as a company director.
• Demonstrating good character and proper conduct.
• Being physically and mentally able to perform the work.
• Not appearing on lists of people barred from working with vulnerable adults or children.

Providers must have strict recruitment checks and regular reviews to make sure all relevant people remain fit and proper.

Responsibilities of a Fit and Proper Person

Key responsibilities include:

• Leading the organisation in a lawful and ethical way.
• Acting openly and honestly—never hiding, manipulating, or falsifying information.
• Setting a positive culture and promoting good values.
• Reporting wrongdoing and challenging poor practice.
• Ensuring robust systems are in place for audit, quality improvement, and compliance.
• Co-operating with regulatory bodies and supporting openness and transparency.

If a fit and proper person is found to fail these standards (for example, by committing misconduct, fraud, or serious mismanagement), the provider must take action, which can include removing them from their role.

Checks Needed

Before appointing a fit and proper person, the provider must:

• Check references and employment history.
• Obtain a Disclosure and Barring Service (DBS) check.
• Check the insolvency and disbarring registers.
• Ask about previous discipline, investigations, or criminal proceedings.
• Get a declaration of physical and mental fitness.

These checks must be kept up to date and reviewed regularly.

Practical Implications

Both the nominated individual and those subject to the fit and proper person requirement play leadership roles in adult care compliance. They oversee:

• Safe, person-centred care.
• Learning from incidents and putting effective changes in place throughout the service.
• Building a positive, open, and ethical workplace.
• Rapid reporting of any risks, concerns, or incidents to the CQC.
• Continuous evaluation and monitoring of governance.

Failure to meet these responsibilities risks enforcement action from the CQC. It can lead to prosecution, loss of registration, or being personally barred from leadership roles in adult care.

Final Thoughts

The nominated individual acts as the senior organisational contact with the CQC. They are responsible for oversight, communication, and strategy for compliance and improvement across all services.

The fit and proper person requirement makes sure all senior managers and directors are suitable, honest, and capable of providing safe, quality-led care. Both requirements support strong leadership and protect people using adult care services from harm, abuse, or neglect.