Candour
14
Recommendations
93% accepted
Government Response
Accepted (12)Accepted in Part (1)Not Accepted (1)
Recommendations in This Theme
recommendation across 2 inquiries
Across 2 inquiries
Tagged Recommendations
14 total
14
Accepted
Paterson Inquiry
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 …
- In December 2021, the government accepted this recommendation, stating that Duty of Candour regulations require healthcare providers to be open when things go wrong …
Department of Health and…
F173
Accepted
Mid Staffs Inquiry
Principles of openness transparency and candour
Every healthcare organisation and everyone working for them must be honest, open and truthful in all their dealings with patients and the public, and organisational and personal interests must never …
- The statutory duty of candour was enacted as Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. It came …
Healthcare providers
F174
Accepted
Mid Staffs Inquiry
Candour about harm
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 any …
- Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 imposes a specific obligation on registered providers to notify patients …
Healthcare providers
F175
Accepted
Mid Staffs Inquiry
Candour about harm
Full and truthful answers must be given to any question reasonably asked about his or her past or intended treatment by a patient (or, if deceased, to any lawfully entitled …
- Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires registered providers to be open and transparent with patients …
Healthcare providers
F176
Accepted
Mid Staffs Inquiry
Openness with regulators
Any statement made to a regulator or a commissioner in the course of its statutory duties must be completely truthful and not misleading by omission.
- Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 applies the duty of candour to registered providers in their …
Healthcare providers
F177
Accepted
Mid Staffs Inquiry
Openness in public statements
Any public statement made by a healthcare organisation about its performance must be truthful and not misleading by omission.
- Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires registered providers to act in an open and transparent …
Healthcare providers
F178
Accepted in Part
Mid Staffs Inquiry
Implementation of the duty Ensuring consistency of obligations under the duty of openness transparency and candour
The NHS Constitution should be revised to reflect the changes recommended with regard to a duty of openness, transparency and candour, and all organisations should review their contracts of employment, …
- The NHS Constitution was updated in July 2015 to incorporate the principles of openness, transparency, and candour recommended by Francis. The Constitution includes a …
Department of Health and…
F180
Accepted
Mid Staffs Inquiry
Candour about incidents
Guidance and policies should be reviewed to ensure that they will lead to compliance with Being Open, the guidance published by the National Patient Safety Agency.
- The National Patient Safety Agency's "Being Open" guidance (2009) was superseded by the statutory duty of candour under Regulation 20 of the Health and …
Healthcare providers
F182
Accepted
Mid Staffs Inquiry
Statutory duty of openness and transparency
There should be a statutory duty on all directors of healthcare organisations to be truthful in any information given to a healthcare regulator or commissioner, either personally or on behalf …
- The Fit and Proper Person Requirement (Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014) requires directors of registered …
Department of Health and…
F183
Not Accepted
Mid Staffs Inquiry
Criminal liability
It should be made a criminal offence for any registered medical practitioner, or nurse, or allied health professional or director of an authorised or registered healthcare organisation: Knowingly to obstruct …
- The Criminal Justice and Courts Act 2015 (sections 20-21), which received Royal Assent on 12 February 2015, created two new criminal offences directly relevant …
Department of Health and…
F274
Accepted
Mid Staffs Inquiry
Information to coroners
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 government's response in "Hard Truths" (Cm 8777, November 2013) accepted this recommendation (Hard Truths: the Journey to Putting Patients First, DHSC, November 2013). …
Department of Health and…
F28
Accepted
Mid Staffs Inquiry
Sanctions and interventions for non-compliance
Zero tolerance: A service incapable of meeting fundamental standards should not be permitted to continue. Breach should result in regulatory consequences attributable to an organisation in the case of a …
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 22, created a criminal offence where a registered person fails to comply …
CQC
F5
Accepted
Mid Staffs Inquiry
Clarity of values and principles
In reaching out to patients, consideration should be given to including expectations in the NHS Constitution that: Staff put patients before themselves; They will do everything in their power to …
- The NHS Constitution for England includes a section titled "Staff: your responsibilities" which states that staff should aim to "provide all patients with safe …
Department of Health and…
F70
Accepted
Mid Staffs Inquiry
Duty of utmost good faith
A duty of utmost good faith should be imposed on applicants for foundation trust status to disclose to the regulator any significant information material to the application and to ensure …
- Regulation 17(3) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires providers to submit written reports to CQC within 28 …
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