Is experience in social care mandatory for a nominated individual?

Answered by Sheila Scott

Thank you for your question. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 6 is very explicit in what it the role and expectations of the role of a nominate individual. The intention of this regulation is to ensure that the provider is represented by an appropriate person nominated by the organisation to carry out this role on their behalf (nominated individual). The nominated individual is responsible for supervising the management of the regulated activity provided.This is because providers who comply with this regulation will have appointed as a nominated individual a director, manager or secretary 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 supervise the management of the regulated activity.
• Has supplied them with documents that confirm their suitability.

To therefore carry out this role, L , the nominated individual should be appropriately skilled with the necessary qualification(s), knowledge and experience and demonstrates the competency required to supervise the management of the regulated activity.

They should demonstrate that they have appropriate knowledge of applicable legislation including the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, relevant best practice and guidance and understand the consequences of failing to take action on set requirements.

The provider must also  have appropriate processes for assessing and checking that the nominated individual holds the required qualifications and has the competence, skills and experience required to undertake the role. These processes must be followed in all cases and relevant records kept. I hope this answers your question