Board apologies
We recommend that when things go wrong, boards should apologise at the earliest stage of investigation and not hold back from doing so for fear of the consequences in relation to their liability.
- CQC guidance on the duty of candour states that an apology is a required component of the duty and does not constitute an admission of civil liability (CQC Guidance: Regulation 20: Duty of candour, CQC, March 2021).
- NHS Resolution provides resources and training to healthcare providers emphasizing that sincere apologies should be offered as soon as possible following an incident (DHSC and NHS England implementation update provided to the Thirlwall Inquiry, April 2025).
How was this evidence gathered?
Response
Accepted
Response
AcceptedAccepted. Duty of Candour regulations require healthcare providers to be open when things go wrong. NHS Resolution promotes early apology and has clarified that sincere apologies do not constitute admission of liability. Professional Standards Authority guidance supports early acknowledgment of harm. Training on candour being embedded across NHS and independent sector. (Source: Government Response, December 2021)
Progress Timeline
DHSC and NHS England implementation update provided to the Thirlwall Inquiry (April 2025). This is the government's own account of progress, submitted to the inquiry. Reviewed extent of implementation: Implemented – Ongoing. Statutory Duty of Candour In November 2014, the Government introduced a statutory (organisational) duty of candour for NHS trusts and NHS foundation trusts. The duty places a direct obligation upon trusts to be open and honest with patients and service users, and their families, when something goes wrong that appears to have caused or could lead to moderate harm or worse in the future (known as a 'notifiable safety incident'). From April 2015, the duty extended to all other health and social care providers registered with the CQC including care homes. The duty of candour is enforced by CQC with consequences for health and care providers who are found to be non-compliant. This can include CQC's ability to: • impose conditions • issue warning notices and fines • remove a provider's registration • bring criminal prosecutions without needing to first serve a warning notice CQC has produced guidance on the statutory duty of candour which explicitly states that apologising is "a crucial part of the duty of candour" that does not amount to an admission of liability. Compliance with the statutory duty of candour is integral to the CQC's assessment process. NHSR has launched a new animation on the duty of candour, which underlines that apologising is always the right thing to do. NHSR continues to provide resources and engagement on both the need to provide apologies when appropriate, and on how to do so effectively. Saying sorry meaningfully when things go wrong is vital for everyone involved in an incident, including the patient, their family, carers, and the staff that care for them. It is part of the duty of candour. NHS Resolution publish supporting guidance. The Government announced a review of the statutory duty of candour in December 2023. A call for evidence to gather evidence about the operation of the duty of candour was published by DHSC on 22 May 2024. PSIRF The NHS England Patient Safety Incident Response Framework confirms that patients, families and carers should receive a meaningful apology as soon as possible. Face-to-face verbal apologies are preferable, and as soon as possible after an incident has occurred. A written apology clearly stating the healthcare organisation is sorry for the suffering and distress resulting from the incident must also be given. Leadership Framework The NHS Leadership Competency Framework for board members published in February 2024 sets out six competency domains to support board members to perform at their best which are aligned to the NHS Values as set out in the NHS Constitution. The competency domains are aligned to Our NHS People Promise, Our Leadership Way, and the Seven Principles of Public Life.