Can someone who has worked hard to attain qualification in leadership and management H & SC Level 5, with a criminal record, be enrolled as registered manager? It was a benefit fraud and was handed suspended prison sentence by crown court.

Answered by Sheila Scott

Dear Steven,

This is a very difficult question and this is my personal response. You will know that there are certain offences that bar an individual working in adult social care. Therefore anyone on the barred list will not be appointed to be a registered manager.

There would be a number of considerations for CQC when they are considering whether or not to register someone with this particular conviction.

How long ago was the conviction?

Has there been no further convictions?

Has the person a long history of working in adult social care since the conviction?

Are the references good?

Providing an individual is not on the barred list and that the offence was committed a good long time ago, then I believe that they would be considered for registration in the same way as anyone else.

I also took advice from an expert and she said, “It would also be the providers responsibility to show how they are mitigating the risk around financial management. It may be that they are not to handle money. The manager would need to explain themselves at interview to the inspector, and they would look at the whole picture”.

I would advise you to contact the CQC call centre to get a second opinion.

Best wishes,
Sheila