Duty of candour
duty of candor
In UK public law, the duty of candour is the duty imposed on a public authority "not to seek to win [a] litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration". Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston stated that public servants should be willing "to explain fully what has occurred and why".
There is also a duty of candour referred to in various contexts as a professional, contractual or statutory duty, which is imposed on all NHS and non-NHS providers of services to NHS patients in the UK to "provide to the service user and any other relevant person all necessary support and all relevant information" in the event that a "reportable patient safety incident" occurs. A "reportable patient safety incident" is one which could have or did result in moderate or severe harm or death. The statutory duty of candour is provided for in Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. and included within NHS England's standard contract clauses. Organisations which fail to comply with the statutory duty may be fined.
Other organisations outside the public sector may also choose to adopt a "duty of candour policy", for example the Scout Association did so in July 2024, applying the policy specifically to safety and safeguarding incidents which result in actual or perceived harm.
History
Campaigner Will Powell led a campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligence or poor standards of care in NHS hospitals.
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