Updated guidance on meeting the duty of candour

When “notifiable safety incidents” occur, the duty also sets outs specific actions required, including:

• informing the people affected about the incident
• offering reasonable support
• providing truthful information and a timely apology.

The new guidance does not make any changes, but offers clarifications for health and social care providers.

“Notifiable Safety Incidents”

The updated guidance gives a more specific explanation of what a “notifiable safety incident” is, confirming that it must meet the three criterion:

• It must have been unintended or unexpected.
• It must have occurred during the provision of an activity we regulate.
• In the reasonable opinion of a healthcare professional, already has, or might, result in death, or severe or moderate harm to the person receiving care. This element varies slightly depending on the type of provider.

The updated guidance gives specific examples of “notifiable safety incidents” concerning: Maternity, Care home, Surgery, Mental health, Dental and General Practice.

Offering an apology

The guidance also clarifies that offering an apology does not equate to admitting fault. In order to meet the duty, there must be an apology for the harm caused, irrespective of fault in the particular case. This apology must go alongside being open and transparent about what has transpired in that case. The updated guidance also clarifies that the apology required will not affect a provider’s indemnity cover. This is supported by NHS Resolution’s “Saying Sorry” leaflet, which is contained in the guidance.

For further detail on the updated guidance, please click here.

For specific examples of “notifiable safety incidents”, please click here.

For further information, please get in touch.