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Consultation

Care teams asked for views on statutory duty of candour

The Department of Health and Social Care is to review the statutory (note: not professional) duty of candour for health and social care providers in England following reports that the duty is not always met as intended in regulation 20.

Such failures to comply with the duty not only constitute a breach of a legal obligation but can lead to a breakdown in trust between patients and healthcare providers. Residents and service users may also distance themselves from vital services they require in the future.

The review is being conducted to understand to what extent the duty of candour is honoured, monitored and enforced and how appopriate the policy and its design are for the health and care system. Llimited or non-compliance with the duty cannot be justified and the aim is to meet the policy objectives of the duty “at pace”. 

  Care professionals are asked to consider questions such as whether the statutory duty and guidance are clear and well understood. 

An online survey is open until  29 May 2024. 

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