Summary
Those who use any type of health or social care service have a right to be informed about all elements of their care and treatment. Health and social care providers have that fundamental responsibility to be open and honest with those who are under their management and care.
In particular, when things go wrong during the provision of care and treatment, patients and service users and their families or caregivers expect to be informed honestly about what happened, what can be done to deal with any harm caused, and to know what will be done to prevent a recurrence to someone else.
In November 2014, the government introduced a statutory (organisational) duty of candour for NHS trusts and NHS foundation trusts via Regulation 20 of the Health and Social Care Act 2008. In essence, the duty places a direct obligation upon trusts to be open and honest with patients and service users, and their families, when something goes wrong that appears to have caused or could lead to moderate harm or worse in the future (known as a ‘notifiable safety incident’).
The Department of Health and Social Care (DHSC) are seeking views on the statutory duty of candour for health and social care providers in England.
This call for evidence closes at 11:59 pm on 29 May 2024.
Content
This call for evidence forms part of a review by the Department of Health and Social Care (DHSC) to consider the operation (including compliance and enforcement) of the statutory duty of candour (‘the duty’) for health and social care providers in England.
The review will consider a wide range of evidence and views from across the health and care system in relation to the real-life application of the duty of candour. This call for evidence will be particularly relevant to those who are, or have been, engaged in the duty:
- patients and service users
- families and caregivers
- registered providers
- health and care professionals
- registered managers (known as ‘registered persons’)
- health and social care regulators.
Together with other evidence and insights, the responses to this call for evidence will help assess the effectiveness of the duty and shape recommendations for the review.
You can respond by completing the online survey.
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