D72. Duty of Candour

Policy Statement

The policy sets out the approach of {{org_field_name}} to meeting its statutory requirements to be open and transparent with the people using its service if it makes mistakes when providing care and treatment that result in their suffering moderate or serious harm. These are situations that must be notified to the Care Quality Commission under Regulation 18 of the Care Commission (Registration) Regulations (as amended in 2015) “Notification of Other Incidents” and trigger a formal requirement to exercise a duty of candour as defined in Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

What is the Duty of Candour?

{{org_field_name}} understands that it must always be open and transparent with the people receiving its care and those closely involved in their care. This is reflected in our Statement of Purpose and our approach to leadership and management and in all of {{org_field_name}}’s relationships with its users and others involved in their care and treatment.

{{org_field_name}} understands that it owes a duty of candour particularly when things go wrong with people’s care and treatment. Thus it recognises that whenever an incident has occurred, which must be notified to the Care Quality Commission (CQC) (under Regulation 18 described above), it must also carry out the following actions.

The registered person, registered manager or a suitable person in authority acting on behalf of the registered person or registered provider will (in addition to notifying the CQC):

be open with the person receiving care and other relevant persons about the incident
provide suitable support to the user and others affected by the incident
explain directly and in person to the person and/or their representatives exactly what has happened
apologise, for example express sorrow and regret for what has happened
say what is being done to investigate and learn the lessons from what has happened and further actions that might be taken
undertake to put in writing what has happened and the apology
keep full records of the incident, including all associated correspondence and the actions that have been taken to carry out the duty of candour with the person receiving care and/or representatives.

Where the person has given consent to their care and support the above actions will be directed at them personally and to others with their agreement. Where the person has been unable to give their consent to their care because of mental incapacity the actions will be followed through communication with their lawful representatives with the expectation that the person will be involved as much as possible.

{{org_field_name}} understands that the incidents to which a specific duty of candour is owed (as opposed to the general duty to act openly and transparently) are those described in the duty of candour Regulation 20.9, ie unintended or unexpected incidents that might occur in the delivery of {{org_field_name}} that: “in the reasonable opinion of a health care professional

a. appears to have resulted in:
i. the death of the person, where the death relates directly to the incident rather than to the natural course of their illness or underlying condition,
ii. an impairment of the sensory, motor or intellectual functions of the person which has lasted, or is likely to last, for a continuous period of at least 28 days,
iii. changes to the structure of the person’s body,
iv. The person experiencing prolonged pain or prolonged psychological harm, or
v. the shortening of the life expectancy of the person
b. requires treatment by a health care professional in order to prevent
i. the death of the person receiving care
ii. any injury to the person which, if left untreated, would lead to one or more of the outcomes” described in (a) above.

Staff Conduct

{{org_field_name}} expects its staff in line with their professional code of conduct to apply a duty of candour in all of their work with people using services. It requires them:

to be open and honest
to admit mistakes where they occur
to apologise for them
to put matters right promptly and
to follow all applicable reporting and recording procedures.

{{org_field_name}} will take appropriate disciplinary action if there is evidence that staff committing mistakes are doing so in breach of their professional code of conduct.

Training

Staff training covers {{org_field_name}} ethos of openness and transparency, individual responsibilities to act in open and transparent ways and the procedures which {{org_field_name}} will follow in exercising its duty of candour following incidents that fall within its scope.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

D72. Duty of Candour