WCH84. Duty of Candour
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Duty of Candour (Wales) Policy
Policy Statement
The policy sets out how this care service sets out to be open and transparent with the people receiving care if it makes mistakes in service delivery. It is written to comply with Regulations 13 and 83 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, which require a service provider in general to promote a culture of honesty and candour at all levels.
Regulation 13 Duty of Candour states: “The service provider must act in an open and transparent way with (a) individuals who are receiving care and support and (b) any representatives of those individuals”.
Regulation 83 then imposes a duty on the Responsible Individual to ensure that the service exercises the duty of candour.
The statutory guidance to the regulations requires service providers to have policies and procedures support a culture of openness and transparency. Staff should be aware of and follow these policies and practice in line with Social Care Wales’ guidance, Openness and honesty when things go wrong: the professional duty of candour for registered social care workers.
The service understands that it also has a duty to protect its staff who admit or identify mistakes from any bullying, harassment or victimisation in line with its Whistleblowing policy.
What is the Duty of Candour?
This service understands that it must always act in an open and transparent way with people and the those closely involved in their care. This is reflected in our Statement of Purpose and approach to leadership and management, relationships with its users and others involved in their care and treatment.
The service understands that it owes a duty of candour particularly when things go wrong with people’s care and treatment. Thus it recognises that whenever mistakes are made the service will:
- provide suitable support to the person and others affected by the incident
- explain directly and in person to the individual 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 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.
The service will review and amend as necessary this duty of candour policy in the light of any experiences of having to apply it and CIW guidance.
Staff Conduct
The service expects its staff in line with their professional code of conduct to apply a duty of candour in all of their work with people receiving care. It requires them:
- to be open and honest
- to admit mistakes where they occur
- to apologise for them
- to put matters right promptly
- to follow all applicable reporting and recording procedures.
The service 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 the service ethos of openness and transparency, individual responsibilities to act in open and transparent ways and the procedures which the service will follow in exercising its duty of candour following incidents that fall within its scope.
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