Source · Select Committees · Justice Committee
Recommendation 10
10
The failure of health and social care bodies to fulfil their duty of candour to...
Recommendation
The failure of health and social care bodies to fulfil their duty of candour to bereaved people during coroners’ investigations and inquests is disappointing. The Ministry of Justice should amend the Coroners’ rules to make it patently clear that the duty of candour extends to the Coroner Service. The Government should consider whether a similar duty to be candid at inquests should be extended to all public bodies. (Paragraph 81) Fairness for the bereaved
Government Response
Acknowledged
HM Government
Acknowledged
The Charter for Families Bereaved through Public Tragedy proposed by Bishop James Jones contains a commitment by public bodies to approach inquests with candour and honesty, making full disclosure of relevant documents, material and facts in the search for truth and learning from past mistakes. The Government is committed to responding to Bishop James’ report, including on the duty of candour, and the relevant departments and organizations are working together to carefully consider this point of learning. It is, however, important that the Government offers the families an opportunity to share their views before it publishes its full response to the Bishop’s report in due course. The Committee’s recommendation will be considered alongside the Government’s response to Bishop James’ report in due course. Further, the Government notes that the protocol for lawyers who represent government departments where they have interested person status at inquests within the Guide to Coroner Services for Bereaved People includes the principle that such lawyers will approach the inquest with openness and honesty. Whilst the protocol only applies to Government departments, its use is commended to public bodies more widely.