Statutory Duty of Candour
A statutory duty of candour should now be enacted in Northern Ireland so that: (i) Every healthcare organisation and everyone working for them must be open and honest in all their dealings with patients and the public. (ii) Where death or serious harm has been or may have been caused to a patient by an act or omission of the organisation or its staff, the patient (or duly authorised representative) should be informed of the incident and given a full and honest explanation of the circumstances. (iii) Full and honest answers must be given to any question reasonably asked about treatment by a patient (or duly authorised representative). (iv) Any statement made to a regulator or other individual acting pursuant to statutory duty must be truthful and not misleading by omission. (v) Any public statement made by a healthcare organisation about its performance must be truthful and not misleading by omission. (vi) Healthcare organisations who believe or suspect that treatment or care provided by it, has caused death or serious injury to a patient, must inform that patient (or duly authorised representative) as soon as is practicable and provide a full and honest explanation of the circumstances. (vii) Registered clinicians and other registered healthcare professionals, who believe or suspect that treatment or care provided to a patient by or on behalf of any healthcare organisation by which they are employed has caused death or serious injury to the patient, must report their belief or suspicion to their employer as soon as is reasonably practicable.
How was this assessed?
Response
Accepted
Response
AcceptedThe Department of Health is taking forward legislation for a statutory duty of candour. Public consultation was held in 2020-2021. Legislation is being prepared as part of broader healthcare reforms.
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.
NI remains the only part of the UK without a statutory duty of candour 8 years after it was recommended. Still in consultation phase with no Bill introduced by the Department.
View detailed findings
The IHRD's first and most important recommendation was for a statutory duty of candour in Northern Ireland. England/Wales enacted theirs in 2014 (Regulation 20) and Scotland in 2018. Despite the recommendation in January 2018, the Department of Health did not launch its first public consultation until April 2021. A second consultation on the Being Open Framework and Duty of Candour opened in December 2024. In November 2024 the NI Assembly debated a motion expressing concern at the lack of progress, passing with cross-party support. DUP MLA Paul Frew brought forward a separate Private Member's Bill in June 2025. As of February 2026, no statutory duty of candour has been enacted in NI. The Department has also been criticised by The Detail NI for accepting the 96 recommendations but declining to confirm whether it accepts the report's findings on institutional failure.