The Department of Health and Social Care (DHSC) has launched a review into whether healthcare providers are following duty of candour rules on being open and honest with patients when things go wrong.
In response to concerns that the statutory duty of candour regulation is not always being met, the review will look at the current policy, to what extent it is honoured, monitored and enforced and whether it has met its objectives.
Health minister Maria Caulfield said since its introduction in 2014 for NHS trusts and 2015 for all other providers, there had been variation in how the duty of candour rules had been applied.
Under the regulations, if something goes wrong during provision of health and care services, patients and families have a right to receive explanations for what happened as soon as possible and a meaningful apology, the terms of the review explained.
It is the job of the Care Quality Commission to ensure providers are complying with the duty which includes acting promptly when a safety incident happens, to provide a true account and keep a record of all meetings and communications.
The review is due to start in the New Year and be published in the spring.
In a written statement to Parliament, Ms 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.’
Commenting on the announcement, Rob Behrens, the parliamentary and health service ombudsman, 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 report 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.
‘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.’
Quis custodiet ipsos custodes?