Employing Refugees Within a CQC Registered Service
Information for Care Providers from CQC:
In response to your email below, regarding employing refugees within a CQC registered service.
May I please advise you that we expect each and every service provider registered with CQC to remain compliant with our Regulations for service providers and managers, this guidance describes how providers and managers can meet the regulations. These include the fundamental standards – the standards below which care must never fall.
In particular please see Regulation 18: Staffing, and also please see: Regulation 19: Fit and proper persons employed for more information and guidance on this.
As such we expect every registered Provider to remain complaint with our Regulations, part of this is to ensure the welfare of staff so that they can ensure that their service users care is not affected.
We would expect yourselves to do as much background checks for new staff members as possible, you could also request a reference from someone who has worked alongside them for 3 months or more who could vouch professionally and you may want to review and update your recruitment policy on this.
Please also see the: Guidance on DBS checks guidance on our website, also that we expect all registered services to adhere to remain compliant with the Regulations I have mentioned above.
23. Do providers have to get a criminal record check on staff recruited from abroad? Registered providers are expected to apply the same process for staff recruited from abroad as they would for other staff. Employers must do all they can to ensure that people they appoint from overseas are suitable to work with adults who use care services and/or children. The DBS cannot access criminal records held overseas. However, it is still recommended that employers undertake DBS checks in case a person is barred, has a criminal record in the UK, or comes from a country where the DBS does have information sharing arrangements If a provider is recruiting people from overseas and wishes to check their overseas criminal record, they need to contact the relevant foreign embassy. There is more detail on the DBS section of the ‘gov.uk’ website. It is important that employers check thoroughly that overseas job applicants have the necessary permits to work in a UK care setting. Employers may be breaking the law if they do not make sure that workers from overseas have all the right documents. There is information about this at the UK Border Agency’s website.
Please also see the: Guidance for advisers: Ukrainians seeking to enter or remain in the UK, and also the: Permission to work and volunteering for asylum seekers (accessible version) on the GOV.UK website for more information and guidance on this.
You can also find more information via their website: Home Office - GOV.UK, and also via phone by calling their customer services on: 020 7035 4848
As we would expect any employers wanting to recruit and employ any refugees either from Ukraine or anywhere else in the world, to have the proper visas and clearance from the Home Office to be able to be legally allowed to work in England.
May I also suggest if you are unsure still about any of this, you may want to contact your CQC Inspector to seek further clarification and guidance on this.