CQC nominated individuals — legal & practical considerations for dental practices

Under the Health and Social Care Act 2008 (the Regulations), an organisation (such as a limited company) wishing to register as a provider with the CQC must appoint a nominated individual. This role isn’t only a regulatory requirement but also a key component in ensuring accountability and oversight within the organisation.

Here, Eugene Pena and Kirsty McKenzie-Hopkins explore the legal and practical considerations of the nominated individual role, with a particular focus on dental practices.

Legal considerations

When registering as an organisation, it’s a legal requirement to nominate an individual who represents the provider and supervises the management of the regulated activity being provided. 

In accordance with Regulation 6 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the nominated individual must:

• Be of good character.
• Be able to properly perform tasks intrinsic to their role.
• Have the necessary qualifications, competence, skills and experience.
• Be able to demonstrate a clear understanding of the responsibilities associated with the role.

Practical considerations

The nominated individual plays a vital role in ensuring that the provider maintains compliance with CQC requirements. They’re often the first point of contact for the CQC in relation to the organisation’s overall compliance and governance.

In practice, the nominated individual should have a strong understanding of the organisation’s structure, operations and regulatory obligations. They should also be actively involved in the oversight of regulated activities. For these reasons, the nominated individual is usually a director or secretary of the organisation. 

As part of the registration process, the CQC may request the following information about the nominated individual including:

• A CQC countersigned or enhanced DBS check.
• Full employment history.
• Professional references.
• Evidence of qualifications and any relevant registrations.

The CQC may also conduct a fit-person interview to assess whether the nominated individual meets the requirements set out in Regulation 6.

A position of strategic oversight

The role of a CQC nominated individual is more than a statutory obligation — it’s a position of strategic oversight and governance. For dental providers, appointing the right person to this role is essential in ensuring robust compliance and effective leadership.

Working with legal professionals who understand the CQC framework and the specific needs of dental practices can make a significant difference. Our experienced dental team can assist you in preparing the necessary documentation, navigating the application process and liaising with the CQC to ensure a smooth and compliant registration.

If you need advice, give us a call on 0333 004 4488, email us at hello@brabners.com or complete our contact form below.