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.
- The Department of Health NI stated in March 2018 that legislation for a statutory duty of candour was being taken forward (IHRD Implementation Programme, Department of Health NI, March 2018).
- A public consultation on the introduction of a statutory duty of candour was held in 2020-2021 (Public Consultation on Statutory Duty of Candour, Department of Health NI, 2021).
- Health Minister Robin Swann stated in January 2021 that it was "time to press ahead" on implementing the inquiry recommendations (Ministerial Statement, Department of Health NI, January 2021).
- In December 2024, the Department launched a further public consultation on a Being Open Framework and statutory duty of candour, closing March 2025 (Being Open Framework and Duty of Candour Consultation, Department of Health NI, December 2024).
- The final Being Open Framework states that it does not introduce a statutory or legal duty of candour, that Northern Ireland has no statutory organisational duty of candour, and that legislation was still being developed at launch (Being Open Framework, Department of Health Northern Ireland, 19 February 2026).
How was this evidence gathered?
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 progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
The final Being Open Framework does not introduce the statutory organisational duty of candour recommended by the Inquiry.
View detailed findings
The Framework does not introduce any new form of statutory or legal duty of candour in Northern Ireland. Health and Social Care professionals across the UK already have an individual duty of candour to be open and honest in their professional codes and standards. The requirements set out in this Framework align with such codes and standards and do not in any way change or amend them. Unlike the other parts of the UK, there is currently no statutory Organisational Duty of Candour in place in the Northern Ireland Health & Social Care sector. At the time of launch of the Being Open Framework, legislation in relation to a statutory Organisational Duty of Candour is being developed by the Department of Health.
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.