Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

09th May 2016

Is age an obstacle?

Dear Sheila,
I am in the process of going in partnership with a colleague to start our own agency providing domiciliary care . I was wondering whether my age would be an obstacle as I have just reached my 73rd birthday.
I only gave up work last year and I am in good health. Please advise Sheila as my role will be administrative.
Thank you
Maude Marchand

Dear Maude,

Thank you for your question.

As I think you will already know discrimination on the basis of age is not allowed in England.

The Government’s website says:

Discrimination at work

The law protects you against discrimination at work, including:

  • Dismissal;
  • Employment terms and conditions;
  • Pay and benefits;
  • Promotion and transfer opportunities;
  • Training;
  • Recruitment;
  • Redundancy.

Although this does not directly apply to you the same principles apply when you seek registration with CQC.

The following relates to the registration of a Registered Provider or a Registered Manager:

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 7

The intention of this regulation is to ensure that people who use services have their needs met because the regulated activity is managed by an appropriate person.

This is because providers who comply with the regulations will have a registered manager who:

  • Is of good character.
  • Is able to properly perform tasks that are intrinsic to their role.
  • Has the necessary qualifications, competence, skills and experience to manage the regulated activity.
  • Has supplied them with documents that confirm their suitability.

CQC cannot prosecute for a breach of this regulation or any of its parts but we can take regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

The regulation in full:

7.

1. A person (M) shall not manage the carrying on of a regulated activity as a registered manager unless M is fit to do so.

2. M is not fit to be a registered manager in respect of a regulated activity unless M is:

  • Of good character,
  • Has the necessary qualifications, competence, skills and experience to manage the carrying on of the regulated activity,
  • Able by reason of M's health, after reasonable adjustments are made, of doing so, and
  • Able to supply to the Commission, or arrange for the availability of, the information relating to   themselves specified in Schedule 3.

3. In assessing an individual's character for the purposes of paragraph (2)(a), the matters considered must include those listed in Part 2 of Schedule 4.

SCHEDULE 4 referred to above says:

Good character and unfit person tests

PART 1

Unfit person test

  1. The person is an undischarged bankrupt or a person whose estate has had sequestration awarded in respect of it and who has not been discharged.
  2. The person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order or an order to like effect made in Scotland or Northern Ireland.
  3. The person is a person to whom a moratorium period under a debt relief order applies under Part VIIA (debt relief orders) of the Insolvency Act 1986(40).
  4. The person has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it.
  5. The person is included in the children’s barred list or the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006, or in any corresponding list maintained under an equivalent enactment in force in Scotland or Northern Ireland.
  6. The person is prohibited from holding the relevant office or position, or in the case of an individual from carrying on the regulated activity, by or under any enactment.

PART 2

Good character

  1. Whether the person has been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom, would constitute an offence.
  2. Whether the person has been erased, removed or struck-off a register of professionals maintained by a regulator of health care or social work professionals.

With best wishes.

Sheila


*All information is correct at the time of publishing.


About Sheila

Sheila Scott OBE has now retired and over the years , prior to her retirement she has answered thousands of your social questions. You can still access the many questions below.

For Sheila Scott OBE from National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

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