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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Duty of Candour Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} complies fully with the statutory Duty of Candour requirements, as set out in the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. This policy outlines our approach to openness, transparency, and honesty in situations where people we support experience harm due to the care provided.

The policy ensures that:

• People we support and their families are informed promptly and compassionately when things go wrong.
• A clear apology is given, without fear of retribution for staff.
• Incidents are investigated thoroughly, and lessons learned are used to improve our services.
• We support our staff through the Duty of Candour process and ensure they are equipped to handle incidents appropriately.

At {{org_field_name}}, we are committed to high-quality, person-centred care and ensuring that all incidents are managed with professionalism and sensitivity.

2. Scope

This policy applies to all staff members at {{org_field_name}}, including:

• Care Workers – those providing direct care and support.
• Registered Managers and Supervisors – responsible for overseeing the Duty of Candour process.
• Administrative and Office Staff – who may be involved in reporting and documentation.
• Agency and Temporary Staff – ensuring compliance even when working on short-term contracts.
• Volunteers and Students – all individuals engaged with people we support must follow this policy.

The policy covers all incidents that trigger the Duty of Candour, including:

• Situations where a person we support dies as a result of an incident.
• Cases of severe harm or prolonged psychological distress caused by the care provided.
• Circumstances where a person’s life expectancy is reduced due to an error in care.
• Instances where medical intervention is needed to prevent death or further harm.

This policy ensures legal compliance while also promoting a culture of openness and continuous improvement.

3. Related Policies

The Duty of Candour process is linked to several other policies within {{org_field_name}}. Staff should be familiar with these policies to ensure a consistent approach to managing incidents.

• Incident Reporting and Investigation Policy – outlines how to record and investigate adverse events.
• Complaints and Feedback Policy – ensures that concerns raised by people we support and their families are managed properly.
• Safeguarding Policy – provides guidance on protecting vulnerable individuals.
• Health and Safety Policy – sets out procedures for ensuring a safe care environment.
• Whistleblowing Policy – allows staff to raise concerns about unsafe practices without fear of retaliation.
• Confidentiality and Data Protection Policy – ensures that information is managed securely and in compliance with GDPR.

These policies work together to create a safe and accountable care environment.

4. What is the Duty of Candour?

The Duty of Candour is a legal requirement that applies to all health and social care services in Scotland. It mandates that when a serious incident occurs that results in harm, the organisation must:

• Inform the affected person or their representative.
• Provide a sincere apology for the harm caused.
• Conduct a full review of the incident.
• Implement actions to prevent recurrence.
• Support staff involved in the incident.
• Report the incident to regulatory authorities when required.

The duty applies only to unintended or unexpected incidents that cause harm or have the potential to cause harm. The key focus is learning and improving, rather than placing blame.

5. Principles of the Duty of Candour

To ensure we uphold the Duty of Candour effectively, {{org_field_name}} follows these core principles:

1. Openness and Honesty – Ensuring that all communication with people we support, families, and staff is transparent.
2. Respect and Compassion – Approaching every incident with sensitivity, ensuring that individuals feel supported.
3. Accountability – Taking responsibility for errors and ensuring corrective actions are taken.
4. Apology and Explanation – Providing a meaningful and sincere apology to those affected.
5. Investigation and Learning – Using incidents as learning opportunities to improve care practices.
6. Staff Support – Ensuring that employees are not unfairly blamed and receive necessary emotional and professional support.
7. Compliance with Regulations – Meeting all Care Inspectorate and SSSC requirements to ensure legal compliance.

6. Managing the Duty of Candour Efficiently

6.1 Incident Identification

• Staff must immediately report any event that might trigger Duty of Candour.
• The Registered Manager will assess whether the incident meets the legal criteria.
• If the Duty of Candour applies, a structured action plan will be initiated.

6.2 Immediate Actions

• Ensure the safety and well-being of the affected individual.
• Provide medical assistance if necessary.
• Secure evidence for review and investigation.

6.3 Notifying the Person Affected

• The affected person or their representative must be informed within 10 working days.
• A face-to-face meeting is preferable, delivered by a senior staff member.
• The conversation must be clear, compassionate, and supportive.

6.4 Providing an Apology

• Apologies must be genuine and meaningful, acknowledging the distress caused.
• An apology does not imply legal liability but is part of ethical practice.

6.5 Investigation and Learning

• A full investigation will be conducted to determine root causes.
• Staff involved will be asked to provide honest accounts of events.
• Findings will be reviewed by management to identify service improvements.

6.6 Recording and Reporting

• A Duty of Candour Incident Report must be completed.
• The Care Inspectorate must be notified when required.
• A written summary will be shared with the affected individual and/or their family.

6.7 Staff Training and Support

• All staff must undergo Duty of Candour training.
• Emotional support and debriefing will be provided following incidents.
• Learnings from past incidents will be integrated into staff development.

7. Duty of Candour Annual Report

• {{org_field_name}} will publish an Annual Duty of Candour Report summarising:
  • The number of Duty of Candour incidents recorded.
  • Actions taken in response to incidents.
  • Lessons learned and improvements made.
• This report will be shared with the Care Inspectorate and made available upon request.

8. Compliance and Monitoring

To ensure compliance, {{org_field_name}} will:

• Conduct regular audits of Duty of Candour cases.
• Ensure staff receive regular training on Duty of Candour.
• Use feedback from people we support to improve transparency and communication.
• Report all serious incidents to the Care Inspectorate.

9. Policy Review

This policy will be reviewed annually or sooner if:

• There are legislative changes impacting Duty of Candour requirements.
• A significant Duty of Candour incident highlights the need for policy updates.
• The Care Inspectorate provides new guidance.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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