A review of the fit and proper persons test

Tom Kark KC · work from 2018 · published 2019

What this was

Review of the fit and proper persons test introduced after Francis. It found the test was not stopping directors with a record of failure from moving to another NHS job.

Why it sits in the hub

Thirlwall's 2026 recommendation of a barring system for managers, ahead of full statutory regulation, is Kark's conclusion restated after another disaster.

Findings

Finding 1
The test was narrow, local, and easy to satisfy on paper.
Accountability of managers Regulation and oversight

Recommendations in this hub

Paraphrase of the public recommendations, not the official text.

1Partly doneGovernment and NHS England
Extend the test to all directors and create a central record so concerns follow the person.
A revised fit and proper person framework was published later. A barring power was not.
Accountability of managers
2Not implementedGovernment
Give a body the power to disbar directors who are not fit.
Thirlwall recommended a barring system by September 2027.
Accountability of managers Regulation and oversight