Duty of Candour
Recommendations related to duty of candour
32
Recommendations
97% accepted
Government Response
Accepted (25)Accepted in Part (6)Not Accepted (1)
Recommendations in This Theme
recommendation across 6 inquiries
Across 6 inquiries
Tagged Recommendations
32 total
IBI-4a(i)
Accepted
Infected Blood Inquiry
Duty of Candour - Northern Ireland
Duty of candour: A statutory duty of candour in healthcare should be introduced in Northern Ireland.
- The Northern Ireland Health Minister Mike Nesbitt committed to advance proposals for an organisational duty of candour, and to consider a statutory individual duty …
Northern Ireland Executi…
IBI-4a(ii)
Accepted
Infected Blood Inquiry
Duty of Candour - Scotland and Wales Review
Duty of candour: The operation of the duties of candour in healthcare in Scotland and in Wales should be reviewed, as it is being in England, to assess how effective …
- The Scottish Government stated in December 2024 that the organisational duty of candour under the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 …
UK Government
Scottish Government
IBI-4a(iii)
Accepted
Infected Blood Inquiry
Duty of Candour - England Review
Duty of candour: The review of the duty of candour currently under way in England should be completed as soon as practicable.
- The Government stated in December 2024 that the review of the statutory duty of candour in England had been completed, with findings published on …
UK Government
IBI-4a(iv)
Accepted in Part
Infected Blood Inquiry
Individual Duty of Candour for Leaders
Statutory duty of candour: The statutory duties of candour in England, Scotland, Wales (and Northern Ireland, when introduced) should be extended to cover those individuals in leadership positions in the …
- The Government stated in December 2024 that it had accepted this recommendation in principle and launched a 12-week consultation on regulating NHS managers in …
UK Government
IBI-5a
Accepted in Part
Infected Blood Inquiry
Civil Service Statutory Duty of Candour
The Government should reconsider whether, in the light of the facts revealed by this Inquiry, it is sufficient to continue to rely on the current non-statutory duties in the Civil …
- The Government stated in December 2024 that the Prime Minister had committed to legislation introducing a statutory duty of candour for public authorities and …
UK Government
DM-17
Accepted in Part
Daniel Morgan Panel
Statutory duty of candour for law enforcement
The Panel recommends the creation of a statutory duty of candour, to be owed by all law enforcement agencies to those whom they serve, subject to protection of national security …
Government response: Accepted in Part. No public evidence of delivery has been found.
Home Office
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…
IHRD-1
Accepted
Hyponatraemia Inquiry
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 …
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
Northern Ireland Executi…
IHRD-2
Accepted in Part
Hyponatraemia Inquiry
Criminal Liability for Candour Breach
Criminal liability should attach to breach of this duty and criminal liability should attach to obstruction of another in the performance of this duty.
Government response: Accepted in Part. Implementation status based on Department of Health NI Implementation Programme updates. No independent verification has been carried out.
Northern Ireland Executi…
IHRD-3
Accepted
Hyponatraemia Inquiry
Guidance on Statutory Duty of Candour
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.
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
Northern Ireland Executi…
Department of Health NI
IHRD-4
Accepted
Hyponatraemia Inquiry
Trust Awareness of Duty of Candour
Trusts should ensure that all healthcare professionals are made fully aware of the importance, meaning and implications of the duty of candour and its critical role in the provision of …
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
Northern Ireland Executi…
HSC Trusts
IHRD-5
Accepted
Hyponatraemia Inquiry
Employment Contracts and Duty of Candour
Trusts should review their contracts of employment, policies and guidance to ensure that, where relevant, they include and are consistent with the duty of candour.
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
Northern Ireland Executi…
HSC Trusts
IHRD-6
Accepted
Hyponatraemia Inquiry
Support for Candour Compliance
Support and protection should be given to those who properly fulfil their duty of candour.
Government reports this recommendation as delivered. Implementation status based on Department of Health NI Implementation Programme updates.
Northern Ireland Executi…
HSC Trusts
IHRD-7
Accepted
Hyponatraemia Inquiry
Monitoring Candour Compliance
Trusts should monitor compliance and take disciplinary action against breach.
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
HSC Trusts
Northern Ireland Executi…
IHRD-72
Accepted
Hyponatraemia Inquiry
Candour in Trust Communications
All Trust publications, media statements and press releases should comply with the requirement for candour and be monitored for accuracy by a nominated non-executive Director.
Government response: Accepted. Last substantive update was January 2024. No recent public evidence of further progress.
HSC Trusts
11
Accepted
Morecambe Bay Investigation
Raise awareness of incident reporting and duty of candour
The University Hospitals of Morecambe Bay NHS Foundation Trust should identify and implement a programme to raise awareness of incident reporting, including requirements, benefits and processes. The Trust should also …
- In July 2015, the government stated that the Trust had "begun to review how investigations into incidents are carried out and started a programme …
University Hospitals of …
24
Accepted
Morecambe Bay Investigation
Involve patients and relatives in incident investigation
We commend the introduction of the duty of candour for all NHS professionals. This should be extended to include the involvement of patients and relatives in the investigation of serious …
- In July 2015, the government stated: "We accept this recommendation" and confirmed that the organisational duty of candour was now in force as a …
CQC
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
F181
Accepted in Part
Mid Staffs Inquiry
Enforcement of the duty Statutory duties of candour in relation to harm to patients
A statutory obligation should be imposed to observe a duty of candour: On healthcare providers who believe or suspect that treatment or care provided by it to a patient has …
- The statutory duty of candour on healthcare providers was enacted as Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations …
Department of Health and…
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…
F184
Accepted
Mid Staffs Inquiry
Enforcement by the Care Quality Commission
Observance of the duty should be policed by the Care Quality Commission, which should have powers in the last resort to prosecute in cases of serial non-compliance or serious and …
- CQC has statutory responsibility for monitoring and enforcing compliance with the duty of candour under Regulation 20 of the Health and Social Care Act …
CQC
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 …
Monitor