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The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health and social care, education, local government, private and charity sectors.
The Care Quality Commission’s ‘Regulation 20: Duty of candour’ sets out the requirements for health and social care providers across the UK. This regulation intends to ensure that providers are open and transparent with people who use services and other ‘relevant persons’ (people acting lawfully on their behalf) in general about care and treatment.
The professional duty of candour refers to openness and honesty when things go wrong within the health and social care services. It is a professional responsibility, to be honest with patients when things go wrong. As a doctor, nurse or midwife, allied health professional or health and social care support worker, it is imperative to be open and honest with your patients/service users, colleagues and employers.
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Here at The Mandatory Training Group, we receive many enquiries from all sector providers about the Statutory Duty of Candour. We have listed some of these frequently asked questions and provide answers.
The duty of candour is a lawful duty to be open and honest with patients or service users, or their families, when something goes wrong that appears to have caused or could lead to significant harm in the future.The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health, safety and wellbeing, social care, education, local government, and many more.
The main principles of the statutory duty of candour are:
The duty of candour has two stages which are embedded in the NHS contract and the CQC regulations. It applies to all incidents resulting in moderate or serious harm to a person who is under the care of the trust at the time of the experience.The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health, safety and wellbeing, social care, education, local government, and many more.
The difference between the duty of care and duty of candour is that duty of care is the obligation to act in the best interests of the individual and duty of candour is the obligation to keep the individual fully informed about the care, even when things go wrong.The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health, safety and wellbeing, social care, education, local government, and many more.
The definition of candour is the quality of being honest and telling the truth, especially about a difficult or embarrassing subject.The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health, safety and wellbeing, social care, education, local government, and many more.
The duty of candour came into effect in November 2014 when organisations registered with the Care Quality Commission (CQC) were legally obliged to be open and honest with patients when things went wrong.
Duty of Candour report must include information about any changes to the responsible person's policies and procedures as a result of incidents to which the duty of candour has applied; such other information as the accountable person thinks fit.
Your duty of care means that you must aim to provide high-quality care to the best of your ability and say if there are many reasons why you may be unable to do so. When professionals act within a duty of care, they must do what a reasonable person, with their training and background, can be expected to do.
If anything goes wrong that causes a patient's death or such severe harm that the patient is unlikely to regain consciousness or capacity, you must be open and honest with those close to the patient.
Nurse assistants keep the five principles in mind as they perform all of their duties and actions for the patients in their care. These five principles are:
Duty of candour annual report includes services that you tell the patient, apologise, offer suitable remedy or support and fully describe the impacts on the patient. As part of our duties, we must create an annual report to give a summary of the number of times we have triggered the duty of candour within our company.
When you begin to give care to an individual, you have a duty of care to protect them from harm, abuse or injury and to improve their wellbeing. Your duty of care also reaches beyond the individuals you support to your co-workers and the wider public.
The purpose of the duty of candour system should work in primary care settings in the same way that you implement it in other health and social care providers. It will be up to the contracted person or the organisation to improve and implement processes and systems that promote the activation of the procedure and to report on it efficiently.
There is no activation of the duty of candour procedure for near misses. It is because no death or harm (as defined by the Act) will have occurred and so the statutory nature of the system cannot apply. Some organisations already have established processes to review near misses.
The guidance outlines the range of issues to be considered in support of the local decision-making that will need to be applied to view, on a case by case basis, whether the duty of candour procedure will be activated for an incident.
It is for organisations themselves to determine, with the input of a registered health professional providing a view based on individual circumstances, whether a sequence of events is regarded as an incident for which the duty of candour procedure should be activated.
The lawful duty of candour is triggered by individual patient safety incidents that result in moderate or severe harm or death.
Duty of candour is particular and only applies where there has been an unexpected or unintended consequence that causes harm or death to an individual that is not as a consequence of the condition for which they are receiving treatment for.
They do not precisely, though organisations who generate or use rapid alerts as part of their local learning systems may wish to consider how the learning from the duty of candour reviews and informs any warnings to be issued within regional or national organisations.
It will depend on what the concern is and whether there is regarding information provided through this to be an unintended or unexpected event resulting in harm.
Evidence and experience suggest that organisations that embrace transparency and candour regarding harm incidents can improve in the learning culture within their organisation as a result of this greater openness.
It is for each individual responsible person to determine how you can best implement the duty of candour reporting requirements for them. It will include decisions about the most appropriate way to report the application of the duty of candour procedure within an organisation during a year.
Apologising is an essential part of the duty of candour, but apologising to patients and those close to them when things go wrong, whether the duty applies or not, is the right thing to do. It fosters mutual trust and respect, which forms the bedrock of the professional relationship.
On successful completion of the Online Statutory Duty of Candour Training Courses will be able to download, save and/or print a quality assured continuing professional development (CPD) certificate. Our CPD certificates are recognised internationally and can be used to provide evidence for compliance and audit.
The CPD Certification Service (CPDUK) accredits all of our statutory and mandatory training courses as conforming to universally accepted Continuous Professional Development (CPD) guidelines.
The Mandatory Training Group is the leading UK provider of accredited statutory and mandatory training courses for all sectors, including health, safety and wellbeing, social care, education, local government, and many more.