Duty of Candour review: call for evidence

The Department of Health and Social Care launched on 6 December 2023 a review into the statutory duty of candour for health and social care providers in England. It also published its terms of reference for the review on the same day.

The output of the review was due to be published in the spring. However, the DHSC has since published a call for evidence seeking views on the statutory duty of candour.

As readers will know, the statutory duty of candour is about people’s right to openness and transparency from their health or social care providers. It provides that when something does go wrong patients and their families have a right to receive explanations for what happened as soon as possible and a meaningful apology.

The duty applies to all health and social care providers that the Care Quality Commission regulates. CQC regulates compliance with the duty and failure to comply with the duty can result in enforcement action ranging from warning or requirement notices to criminal prosecution.

The DHSC is “committed” to a review that can consider a wide range of evidence and views from across the health and care system in relation to the practical application of the duty of candour. They say that they’ll use the other evidence and insights to help them assess the effectiveness of the duty and shape recommendations for the review.

The DHSC are keen to hear from a range of stakeholders including:

  • patients and service users
  • families and caregivers
  • registered providers
  • health and care professionals
  • registered managers (known as ‘registered persons’)
  • health and social care regulators

Ways to respond

Stakeholders can respond online here and by 29 May 2024 when the call for evidence closes.

You can read our earlier blog post on the duty of candour review here.

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