IHRD-3 Response Accepted

Guidance on Statutory Duty of Candour

Recommendation

Unequivocal guidance should be issued by the Department to all Trusts and their legal advisors detailing what is expected of Trusts in order to meet the statutory duty.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- The Department of Health NI stated in March 2018 that guidance was being developed in conjunction with the statutory duty of candour legislation (IHRD Implementation Programme, Department of Health NI, March 2018).
- As the statutory duty of candour has not been enacted, the guidance required by this recommendation cannot be issued in its intended statutory form.
- No further published evidence of progress has been identified since 2018.
How was this evidence gathered?
Evidence searched by Claude (Anthropic) on 17 Jul 2026
Checked data held on this site (government responses, progress updates, independent evidence)
Jurisdiction
Northern Ireland
Response
Accepted
Accepted Department of Health NI Initial Response
01 Mar 2018

Guidance being developed in conjunction with statutory duty of candour legislation.

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Accepted in Part Northern Ireland Executive Follow-up
01 Mar 2018

Being considered alongside duty of candour legislation development.

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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.

Not Implemented
06 Feb 2026
Department of Health NI legislation

Guidance on statutory duty of candour cannot be issued as the statutory duty itself has not been enacted.

View detailed findings

Without a statutory duty of candour in NI, the guidance that recommendation 3 requires to accompany it cannot be finalised. A Being Open Framework exists but this is non-statutory guidance, not guidance on a statutory duty.

IHRD Implementation Programme View Source
Source
Report Report of the Inquiry into Hyponatraemia-related Deaths 31 Jan 2018
Responsible Bodies
Northern Ireland Executive Primary
Department of Health NI Primary
Recommendation age 8.5 yrs
Last formal update 910 days ago