Duty of Candour - Scotland and Wales Review
Duty of candour:
The operation of the duties of candour in healthcare in Scotland and in Wales should be reviewed, as it is being in England, to assess how effective its operation has been in practice. Since the duty was introduced in 2023 in Wales, the review there need not be immediate, but should be no later than the end of 2026.
How was this assessed?
Response
Accepted
Response
AcceptedScottish Government
The organisational duty of candour provisions of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 and the Duty of Candour Procedure (Scotland) Regulations 2018 set out the procedure that organisations providing health services, care services and social work services in Scotland are required by law to follow when there has been an unintended or unexpected incident that results in, or could result in, death or harm (or additional treatment is required to prevent injury that would result in death or harm).
The Scottish Government published non-statutory guidance to support the introduction of the Regulations in 2018. This guidance has recently been reviewed in conjunction with stakeholders across health care and social work sectors to take account of recent learning including learning identified from the Covid-19 pandemic. The revised non-statutory guidance was published in April and distributed to health, care and social work services.
The Scottish Government will begin engagement with stakeholders on its review of the operation of the organisational duty of candour in June 2025.
Welsh Government
The impact of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 which introduced the duty of candour in Wales in 2023, will be evaluated. The recommendation as laid out in the IBI inquiry report will be integrated into the specification out to tender for the evaluation research programme.
The Welsh Government welcomes any learning from the English review to add to intelligence informing any review of the Welsh NHS duty of candour.
Scotland published updated non-statutory guidance in April 2025 and began stakeholder engagement in June 2025. Wales committed to evaluate the 2020 Act's impact by end of 2026.
Published Evidence
Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.
Public Office (Accountability) Bill 2024-26 ("Hillsborough Law") introduced September 2025, passed Commons January 2026, progressing through Lords. Creates statutory duty of candour for public authorities with criminal sanctions.
As of 13 January 2026: 3,721 people asked to start claims, 3,546 begun process, 3,074 received offers totalling £2.47bn, 2,861 paid totalling £1.89bn. Third compensation regulations in force 31 December 2025.
View detailed findings
IBCA exceeded initial expectations. Three sets of regulations now in force covering infected persons, affected persons, and supplementary routes. £11.8bn committed in October 2024 Budget. Independent review found "very creditable progress."
IBCA has contacted 2,215 people to begin compensation claims; 1,934 started process. £812m+ paid via Horizon Shortfall Scheme. £11.8bn committed in Autumn Budget.
View detailed findings
IBCA exceeded expectations for first cohort and established operational service with "compassionate ethos." Target: bulk of infected payments by 2027, affected by 2029. Third compensation scheme regulations came into law 31 December 2025.