Introducing the Statutory Duty of Candour

Overview

This consultation sets out a proposed addition to the Care Quality Commission’s (CQC) registration requirements in order to introduce a statutory Duty of Candour on all providers registered with the CQC.

The introduction of a statutory Duty of Candour is a major step towards implementing a key recommendation from the Mid Staffordshire NHS Foundation Trust Public Inquiry (the Francis Inquiry). The Duty of Candour will place a requirement on providers of health and adult social care to be open with patients when things go wrong. Providers should establish the duty throughout their organisations, ensuring that honesty and transparency are the norm in every organisation overseen by the CQC.

The Duty of Candour will be one of the new set of registration requirements that together will set out the clear outcomes that providers must meet, which will be core to good service provision. This consultation on the statutory Duty of Candour follows on from a a separate consultation on regulations that will introduce the fundamental standards of care. Subject to Parliamentary approval, these registration requirements will become part of the same consolidated package of regulations, to be introduced in October 2014.

What Happens Next

We will use the results of this consultation to help develop a final draft of the Duty of Candour regulation.  This will then be laid before Parliament, and subject to Parliament's views, come in to force in October 2014.