DH consultation on a 'Duty of Candour'

DH consultation on a 'Duty of Candour'

Title: Implementing a 'Duty of Candour': a new contractual requirement on providers

Date: January 2012

Summary: The Government has decided that a contractual requirement on providers to be open in admitting mistakes is the most appropriate mechanism to achieve greater transparency with patients. CHRE has stated in the past, and continues to hold the view, that the most effective mechanism would be to include a ‘duty of candour’ in registration or licensing arrangements. Given that the Government's intention has been made clear, we offer some comments on how the proposed mechanism could be improved.

The consultation proposes to introduce a contractual mechanism that would require certain providers to be open and transparent in admitting mistakes. It is proposed that a new requirement to being open will be added to the NHS Standard Contract, which excludes general practice, dentistry, pharmacy and ophthalmic services. We recommend the Government includes a commitment to address this gap in a timely fashion when it publishes its response to the consultation.

The consultation makes reference to the codes of conduct of the GMC and NMC, which require registrants to be open in admitting mistakes. We encourage the Government to work with the other professional regulators to ensure their guidance and standards is as explicit as this. We also recommend that the Government places a greater emphasis on the remedies that patients will be entitled to, like a written apology, an explanation of events and action to prevent the same thing happening again, than on financial penalties for organisations. Candour with the patient is, after all, the main driver behind these proposals.

Read our response

Read the original consultation