F274 Response Accepted

Information to coroners

Recommendation

There is an urgent need for unequivocal guidance to be given to trusts and their legal advisers and those handling disclosure of information to coroners, patients and families, as to the priority to be given to openness over any perceived material interest.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
The statutory Duty of Candour, a key reform following the Francis Report, provides guidance to healthcare providers on openness and transparency with patients and families (Official government response, 2013-11-19). A Department of Health and Social Care review of the Duty of Candour in November 2024 published findings from a call for evidence, noting that while 52% of respondents felt CQC had not adequately enforced the duty, the review itself demonstrates ongoing attention to this guidance (DHSC - Duty of Candour Review, 2024-11-26). Additionally, the Medical Examiner system, statutory from September 2024, and Martha's Rule, expanded to all acute trusts by April 2025, further promote transparency and patient/family involvement in healthcare (UK Government - Medical Examiner System, 2024-09-09; NHS England - Martha's Rule, 2025-04-01).
How was this assessed?
Assessed by gemini-2.5-flash on 24 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
This recommendation asks for cultural or behavioural change, which is difficult to verify objectively. The assessment is based on policy commitments, not measured outcomes.
Jurisdiction
England
Response
Accepted
Accepted Department of Health and Social Care
19 Nov 2013

The government published "Hard Truths: the Journey to Putting Patients First" (Cm 8777) on 19 November 2013, responding to all 290 recommendations of the Francis Report. This followed an initial response "Patients First and Foremost" in March 2013. Key reforms included a new Chief Inspector of Hospitals, strengthened Care Quality Commission inspection regime, a statutory duty of candour, and the fit and proper person test for NHS directors. Volume 2 (Cm 8754) contains the government's detailed responses to each of the 290 recommendations. See: https://assets.publishing.service.gov.uk/media/5a7cd486ed915d63cc65d167/34658_Cm_8777_Vol_1_accessible.pdf

Read Full Response
Note: Government responded via "Hard Truths: The Journey to Putting Patients First" (2014), a single document covering all 290 recommendations with a blanket acceptance. Individual recommendation responses were not broken out.
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.

Confirmed Completed
01 Apr 2025
NHS England - Martha's Rule

Martha's Rule ensures patients, families and staff can access rapid review from critical care outreach team when concerned about deterioration. Phase 1 launched May 2024 at 143 pilot sites. Phase 2 expanded to all acute trusts April 2025. Early data: 9,135 calls Sep 2024-Nov 2025; 286 led to urgent critical care review.

Martha's Rule Implementation View Source
Reasonable Progress
26 Nov 2024
DHSC - Duty of Candour Review

DHSC published findings of call for evidence on statutory duty of candour. 261 responses received. Key finding: 52% of respondents said CQC had not adequately enforced the duty. Many reported it had become a "tick-box exercise". Only 40% thought the purpose was clear and well understood. Final government response still pending.

Findings of the Call for Evidence on the Statutor… View Source
Confirmed Completed
09 Sep 2024
UK Government - Medical Examiner System

Medical Examiner system became statutory from 9 September 2024 under Coroners and Justice Act 2009 (as amended by Health and Care Act 2022). Independent medical examiners must scrutinise all deaths not referred to a coroner. Full national rollout achieved, implementing Francis recommendations on death certification.

NHS England Medical Examiner System View Source
Reasonable Progress
06 Feb 2023
Academic Review - Ten Years After Francis

Research published 2023 marking ten years since the Francis Report found mixed results. Structural and legislative changes largely delivered (duty of candour, FPPR, CQC overhaul, revalidation, Freedom to Speak Up Guardians). However, cultural change not fully embedded; understaffing, fear of speaking up, and poor complaint handling persist in parts of the NHS.

University of Birmingham: Ten years after Francis View Source
Good Progress
11 Feb 2015
UK Government - Culture Change in the NHS

Government published "Culture Change in the NHS" (Cm 9009) reporting progress on all 290 recommendations. Key achievements: 19 hospitals placed in special measures; those trusts recruited 109 additional doctors and 1,805 additional nurses; 129 board-level changes made; excess avoidable deaths fell by 450 in less than a year.

Confirmed Completed
27 Nov 2014
Legislation - Duty of Candour (Regulation 20)

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 20: statutory duty of candour came into force for NHS trusts November 2014, extended to all CQC-registered providers April 2015. Requires providers to notify patients/families of notifiable safety incidents and apologise.

Health and Social Care Act 2008 (Regulated Activi… View Source
Good Progress
19 Nov 2013
UK Government - Hard Truths Vol 1 & 2

Government published "Hard Truths: The Journey to Putting Patients First" (Cm 8777) in two volumes. Vol 1 set out new actions; Vol 2 provided detailed response to each of the 290 recommendations. Approximately 204 of 290 recommendations were fully accepted.

Source
Report Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry 06 Feb 2013
Responsible Bodies
Department of Health and Social Care Primary
Recommendation age 13.1 yrs
Last formal update 4509 days ago