The government is to launch a review into the variation in how open and transparent NHS and social care providers in England are with patients when things go wrong.
In a written statement to the House of Commons the health minister Maria Caulfield said that the Department of Health and Social Care will lead a review into the “effectiveness of the statutory duty of candour for health and social care providers in England.”1
The announcement was welcomed by the parliamentary and health service ombudsman, Rob Behrens, who said that the obligation was “not always implemented as it should be.”
The duty of candour regulation came into force in November 2014 for NHS trusts and in 2015 for all other providers regulated by the Care Quality Commission. It requires providers to inform patients or families when a notifiable safety incident occurs, including an account of all known facts about the incident, and to give a timely apology.
Outlining the rationale for the review, Caulfield said, “The duty of candour is about people’s right to openness and transparency from their health or care provider. It means that when something goes wrong during the provision of health and care services patients and their families have a right to receive explanations for what happened as soon as possible and a meaningful apology.
“Since its introduction, there has been variation in how the duty has been applied in some settings. To that effect, the review will look at the operation and enforcement of the existing duty, with a focus on delivering recommendations that can improve its application.”
The review will start in early 2024, Caulfield added.
Commenting on the announcement, Behrens said, “I have long called for closer openness and transparency when things go wrong in the NHS. The duty of candour was intended to reinforce this.
“However, a decade after its introduction, our Broken Trust report2 into avoidable deaths in the NHS found that the duty is not always implemented as it should be and called for a full review to assess its effectiveness. I welcome this announcement and the opportunity to contribute the expertise and evidence from my office.
“Despite it being a statutory duty to be open and honest when things go wrong with a patient’s care, I know from the cases we investigate that this doesn’t always happen. Patients and their families deserve better.”
