Duty of Candour implementation
Identified shortcomings in the practical operation and implementation of duties of candour within healthcare systems.
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Inquiry recommendation
95match
F178 - 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, policies and guidance to ensure that, where relevant, they expressly include and are consistent with above principles and these recommendations.
Matched on
terms: candour, duty, implementation
Inquiry recommendation
91match
F181 - 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 caused death or serious injury to a patient to inform that patient or other duly authorised person as soon as is practicable of that fact and thereafter to...
Matched on
terms: candour, duty
Inquiry recommendation
90match
IBI-4a(ii) - 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 its operation has been in practice. Since the duty was introduced in 2023 in Wales, the review there need not be immediate, but should be no later than...
Matched on
terms: candour, duty
Inquiry recommendation
87match
R104 - 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 their dealings with service users and the public. (ii) Where harm has been or may have been caused to a service user by an act or omission of...
Matched on
terms: candour, duty
Inquiry recommendation
87match
IHRD-4 - 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 healthcare.
Matched on
terms: candour, duty
Inquiry recommendation
87match
IHRD-1 - 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 their dealings with patients and the public. (ii) Where death or serious harm has been or may have been caused to a patient by an act or omission...
Matched on
terms: candour, duty
Inquiry recommendation
83match
BRIS-33 - Establish a duty of candour for all NHS staff regarding adverse events
A duty of candour, meaning a duty to tell a patient if adverse events2 have occurred, must be recognised as owed by all those working in the NHS to patients.
Matched on
terms: candour, duty
Inquiry recommendation
83match
11 - 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 review its policy of openness and honesty in line with the duty of candour of professional staff, and incorporate into the programme compliance with the refreshed policy. This...
Matched on
terms: candour, duty
Inquiry recommendation
83match
IHRD-5 - 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.
Matched on
terms: candour, duty
Inquiry recommendation
82match
IBI-5a - 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 Service and Ministerial Codes, coupled with those legal duties which occur on the occasions when civil servants and ministers interact with courts, inquests and inquiries, as securing candour.
Matched on
terms: candour, duty
Inquiry recommendation
82match
IBI-4a(iv) - 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 National Health Service, in particular in executive positions and board members.
Matched on
terms: candour, duty
Inquiry recommendation
82match
IBI-4a(i) - Duty of Candour - Northern Ireland
Duty of candour: A statutory duty of candour in healthcare should be introduced in Northern Ireland.
Matched on
terms: candour, duty
Inquiry recommendation
78match
IBI-5c - Ministerial Duty of Candour
The Government should consider the extent to which Ministers should be subject to a duty beyond their current duty to Parliament under the Ministerial Code.
Matched on
terms: candour, duty
Inquiry recommendation
78match
IHRD-3 - 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.
Matched on
terms: candour, duty
Inquiry recommendation
78match
IBI-4a(iii) - 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.
Matched on
terms: candour, duty
Inquiry recommendation
78match
DM-17 - 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 and relevant data protection legislation.
Matched on
terms: candour, duty
Inquiry recommendation
78match
F173 - 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 be allowed to outweigh the duty to be honest, open and truthful.
Matched on
terms: candour, duty
Inquiry recommendation
74match
IHRD-6 - Support for Candour Compliance
Support and protection should be given to those who properly fulfil their duty of candour.
Matched on
terms: candour, duty
Committee recommendation
74match
#37 - Formally consider introducing a professional duty of candour to increase police transparency.
We recommend that the NPCC, College of Policing, Home Office and Association of Police and Crime Commissioners formally consider whether a professional “duty of candour” might drive greater transparency in policing. We consider that, while this would not be enough on its own to drive the culture change needed, it would help set the direction of travel towards...
Matched on
terms: candour, duty
PFD report
73match
Lee Eustace
The Trust did not comply with its statutory Duty of Candour, failed to properly investigate an incident internally, and did not adhere to disclosure duties to the Coroner, leading to delayed provision of critical information.
Matched on
terms: candour, duty
PFD report
69match
Sally Froggatt
The coroner raised concerns regarding inadequate staff training and a failure to comply with the duty of Candour. It was also noted that corporate pharmacy guidelines contradicted NICE guidance and nursing staff did not alert consultants to known risk factors.
Matched on
terms: candour, duty
Inquiry recommendation
69match
IHRD-2 - 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.
Matched on
terms: candour, duty
PHSO recommendation
69match
Broken trust: making patient safety more than just a promise
The Department of Health and Social Care and NHS England should further scrutinise the lack of compliance with duty of candour. They should review the operation of duty of candour to assess its effectiveness and make recommendations for improvement.
Matched on
terms: candour, duty
CQC action
67match
Nottingham City Hospital
The trust must ensure that it complies with its statutory responsibilities for duty of candour.
Matched on
terms: candour, duty
Inquiry recommendation
66match
F182 - 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 of the organisation, where given in compliance with a statutory obligation on the organisation to provide it.
Matched on
terms: duty
Committee recommendation
65match
#8 - Third Report - Human rights and the proposal for a “Hillsborough Law”
The Government should consider introducing a statutory duty of candour and extend it to all public authorities, as called for in the Hillsborough Law. (Paragraph 71) Human rights and the proposal for a “Hillsborough Law” 29 Legal Representation and the inequality of arms
Matched on
terms: candour, duty
Committee recommendation
65match
#6 - Third Report - Human rights and the proposal for a “Hillsborough Law”
A general statutory duty of candour would help to ensure that the priority for public bodies is to establish what has gone wrong and needs to be changed in order to prevent future deaths, rather than protecting individuals and institutions from censure. It would also help inquiries become more effective and less protracted, benefiting the bereaved and survivors,...
Matched on
terms: candour, duty
Committee recommendation
65match
#5 - Third Report - Human rights and the proposal for a “Hillsborough Law”
While taking a step in the right direction, the current provisions of the Criminal Justice Bill do not offer the same opportunity for change as would a general statutory duty of candour. By focusing on the police alone and appearing to rely on internal disciplinary processes for enforcement, the Criminal Justice Bill would not meet the calls of...
Matched on
terms: candour, duty
Committee recommendation
65match
#4 - Third Report - Human rights and the proposal for a “Hillsborough Law”
Given the importance of transparency, including criminal sanctions in any statutory duty of candour appears justified, but the right not to self-incriminate, protected at common law and under Article 6 ECHR, must also be respected.
Matched on
terms: candour, duty
Committee recommendation
65match
#3 - Third Report - Human rights and the proposal for a “Hillsborough Law”
Introducing criminal sanctions for breach of a duty of candour may increase the prospect of the duty being taken seriously, offering greater external mechanisms to pursue public institutions that fail to comply. However, including criminal offences on the statute book is not alone sufficient to ensure compliance. Effective enforcement in practice, together with wider efforts to support culture...
Matched on
terms: candour, duty
Committee recommendation
65match
#1 - Third Report - Human rights and the proposal for a “Hillsborough Law”
We welcome the Government’s signing of the Hillsborough Charter and its commitment to honesty and transparency in the public sector, features that can only benefit the protection of human rights. (Paragraph 17) A Duty of Candour
Matched on
terms: candour, duty
Committee recommendation
65match
#22 - 3rd Report - Legislative Scrutiny: Northern Ireland Troubles Bill
The government should publicly commit to ensuring that the Duty of Candour under the Public Office (Accountability) Bill applies in the same way to legacy inquests conducted by coroners as to inquisitorial proceedings conducted by the Legacy Commission. (Recommendation, Paragraph 131)
Matched on
terms: candour, duty
Committee recommendation
65match
#21 - 3rd Report - Legislative Scrutiny: Northern Ireland Troubles Bill
It is unacceptable that the government has not given an unambiguous commitment that the Duty of Candour will apply to any revived inquest conducted by a coroner in the same way as it would apply to any revived 94 inquest conducted as inquisitorial proceedings by the Legacy Commission. In our view, any suggestion that a different standard would...
Matched on
terms: candour, duty
GIRFT recommendation
65match
Maternity and Gynaecology
Continue to support trusts in achieving the Maternity Incentive Scheme's (MIS) safety actions. a) All trusts to familiarise themselves with the new MIS conditions and location of supporting materials e.g. MIS webinars available on NHS Resolution's website. b) Trusts to reinforce duty of candour and provide support for staff and families during and post investigation of incidents.
Matched on
terms: candour, duty
CQC action
65match
University Hospital of Hartlepool
The trust should consider auditing its application of Duty of Candour legislation regularly to ensure compliance.
Matched on
terms: candour, duty
CQC action
65match
Royal Victoria Infirmary
The service must ensure that Duty of Candour is given in full to patients when incidents occur.
Matched on
terms: candour, duty
CQC action
65match
Queen's Medical Centre
The trust must ensure that it complies with its statutory responsibilities for duty of candour.
Matched on
terms: candour, duty
CQC action
65match
Pilgrim Hospital
The trust should ensure the requirements of duty of candour are met.
Matched on
terms: candour, duty
CQC action
65match
Mount Vernon Cancer Centre
The trust should ensure that staff have received training and are aware of the duty of candour regulations.
Matched on
terms: candour, duty
CQC action
65match
Leighton Hospital
The service must ensure that incidents are graded in accordance with the Health and Social Care Act Regulation 20 Duty of Candour level of harm criteria to make sure people receive follow up care following an incident.
Matched on
terms: candour, duty
CQC action
65match
Fleetwood Hospital
The trust must ensure that the duty of candour is applied in line with legislation.
Matched on
terms: candour, duty
CQC action
65match
St Benedict's Hospice
The trust should ensure Duty of Candour requirements are clearly documented and undertaken in a timely way.
Matched on
terms: candour, duty
CQC action
65match
Musgrove Park Hospital
The service must ensure they apply and demonstrate compliance with Duty of Candour requirements.
Matched on
terms: candour, duty
CQC action
65match
James Paget Hospital
The service should ensure that duty of candour is carried out for all eligible incidents.
Matched on
terms: candour, duty
CQC action
65match
Durham Diagnostics and Treatment Centre
The trust should ensure Duty of Candour requirements are clearly documented and undertaken in a timely way.
Matched on
terms: candour, duty
CQC action
65match
Clifton Hospital
The trust must ensure that the duty of candour is applied in line with legislation.
Matched on
terms: candour, duty
CQC action
65match
Verve Health
The service must ensure staff are applying the duty of candour when things go wrong.
Matched on
terms: candour, duty
CQC action
65match
Edwina Place
The provider should seek advice and guidance from a reputable source about Regulation 20: Duty of Candour to ensure requirements are met at all times, including clear record keeping.
Matched on
terms: candour, duty
CQC enforcement action
65match
Fixed Penalty Notice: West Suffolk NHS Foundation Trust
The Care Quality Commission issued two fixed penalty notices, totaling £2,500, to West Suffolk NHS Foundation Trust. This action was taken because the trust did not comply with duty of candour regulations following an incident in October 2018 where a patient died after complications during childbirth. The trust did not notify the family as soon as reasonably possible...
Matched on
terms: candour, duty
CQC enforcement action
65match
Fixed Penalty Notice: Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust
The Care Quality Commission has fined Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust £2,500 for not complying with the duty of candour regulations. CQC issued two fixed penalty notices of £1,250 to the trust because it had not complied with the duty of candour regulations. The notices related to an incident in July 2018 where a patient...
Matched on
terms: candour, duty