Regulation 20 Duty of Candour

The intention of this regulation is 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 in relation to care and treatment. It also sets out some specific requirements that providers must follow when things go wrong with care and treatment, including informing people about the incident, providing reasonable support, providing truthful information and an apology when things go wrong. 

The regulation applies to registered persons when they are carrying on a regulated activity. 

CQC can prosecute for a breach of parts 20(2)(a) and 20(3) of this regulation and can move directly to prosecution without first serving a Warning Notice.

Providers must

·        Promote openness and honesty

·        Take action against bullying and harassment

·        Investigate breeches of Duty of Candour

·        Ensure the team members understand Duty of Candour

·        Encourage team members tobe open and honest with patients and apologise when things go wrong.

·        Offer support to team members who are involved in a notifiable safety incident which include patient death, severe harm, moderate harm

The five key questions linked to Regulation 20

·        Is the service safe?

·        Is the service effective

·        Is the service responsive

·        Is the service well –led

Outcomes relating to Regulation 20

·        Outcome 1 – Respecting and Involving Patients

·        Outcome 4 – Care and Welfare

·        Outcome 6 – Co-operation with Other Providers

·        Outcome 7 – Safeguarding

·        Outcome 8 – Cleanliness and Infection Control

·        Outcome 9 – Medicines

·        Outcome 10 – Safety and Reliability of Premises

·        Outcome 11 – Safety and Reliability of Equipment

·        Outcome 12 – Requirements Relating to Workers

·        Outcome 13 – Staffing

·        Outcome 14 – Supporting Workers

·        Outcome 16 – Quality of service provision

·        Outcome 17 – Complaints

·        Outcome 21 – Records

Policies and procedure supporting Regulation 20 can be found in all Regulations.