Directory · 11 entries
Duty of candour rules: directory
This directory lists rules that require health and care bodies, and in one bill public officials, to be open when something goes wrong. Each row comes from the law, official guidance or a parliamentary page. England's duty under regulation 20 requires an apology in person and in writing 1. Scotland's duty took effect on 1 April 2018 4, Wales's on 1 April 2023 3 and Victoria's on 30 November 2022 5. Blank cells mean the page read did not state the fact.
11 / 11
Regulation 20, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 1
- Country
- United Kingdom
- Jurisdiction
- England 1
- Who it applies to
- Registered persons, meaning providers registered with the Care Quality Commission 1,4
- What it requires
- Notify the relevant person of a notifiable safety incident as soon as reasonably practicable, in person and then in writing, with a truthful account and an apology, and keep records 1
Care Quality Commission enforcement of regulation 20 4
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Part 2, sections 21 to 23 2
- Country
- United Kingdom
- Jurisdiction
- Scotland 2
- Who it applies to
- Responsible persons, such as NHS Health Boards, independent health care providers, local authorities and care service providers 2
- What it requires
- Follow the candour procedure as soon as reasonably practicable after an unintended or unexpected incident causing listed harm. An apology under it is not of itself an admission of negligence 2
- Source
- legislation.gov.uk 2
Duty of Candour Procedure (Scotland) Regulations 2018 4
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, section 24 2
Health and Social Care (Quality and Engagement) (Wales) Act 2020, Part 3 3
- Country
- United Kingdom
- Jurisdiction
- Wales 3
- Who it applies to
- NHS bodies, and primary care providers for NHS services 3
- What it requires
- In-person notice with an apology after harm of a moderate degree or above, written follow-up within five working days, records and annual reports. In force 1 April 2023 3
- Source
- Welsh Government 3
NHS (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 4
Duty of Candour policy proposals 4
Public Office (Accountability) Bill 6
- Country
- United Kingdom
- Jurisdiction
- United Kingdom Parliament 6
- Who it applies to
- Public authorities and public officials 6
- What it requires
- Bill, not law, on the page read. Would impose a duty to act with candour, transparency and frankness, including with inquiries, and create offences for misleading the public 6
- Source
- UK Parliament 6
Statutory duty of candour 5
Australian Open Disclosure Framework 7
- Country
- Australia
- Jurisdiction
- National 7
- Who it applies to
- Health service organisations and clinicians 7
- What it requires
- Communicate openly with patients when health care does not go to plan. Endorsed by the Commission in March 2013 and by Australian Health Ministers 7
- Source
- Australian Commission on Safety and Quality in Health Care 7
Nothing matches. Clear the search or pick another filter.
Notes
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@apologyofrecord.com.
Sources
- legislation.gov.uk: The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, regulation 20, Duty of candour
- legislation.gov.uk: Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Part 2, Duty of candour
- Welsh Government: The Duty of Candour Statutory Guidance 2023 (1 April 2023)
- General Medical Council: Openness and honesty when things go wrong, the professional duty of candour, Appendix 2, The statutory duty of candour for care organisations across the UK
- Safer Care Victoria: The Duty of candour
- UK Parliament: Public Office (Accountability) Bill
- Australian Commission on Safety and Quality in Health Care: The Australian Open Disclosure Framework
- legislation.gov.uk: Apologies (Scotland) Act 2016, section 2, Legal proceedings covered