DUTY OF CANDOUR

Reason for Policy / Purpose of Policy

The purpose of the policy is to provide Vire Aesthetic staff and service users with guidance and expected standards of practice.  The duty of candour requires registered providers and registered managers (known as ‘registered persons’) to act in an open and transparent way with people receiving care or treatment from them. The regulation also defines ‘notifiable safety incidents’ and specifies how registered persons must apply the duty of candour if these incidents occur.Practitioners must be open and honest when something has gone wrong with the care, treatment or other services that they provide by:

  • Informing service users or, where appropriate, their carers, that something has gone wrong;
  • Apologising;
  • Taking action to put matters right;
  • Making sure that service users or, where appropriate, their carers, receive a full and prompt explanation of what has happened and any lasting effects.


Privacy, dignity and respect are built into the care delivered as well as the environment in which it is delivered. Staff should deal sensitively with the various circumstances in which privacy, dignity and respect may be infringed. However, in all areas of this policy, clinical emergency should be given priority

Scope

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 exist to strike a balance between the rights of individuals to privacy and the ability of organisations to use personal and sensitive data for legitimate business purposes. They work is to provide individuals with certain rights, whilst imposing certain responsibilities on those who record and use personal information.

One of the recommendations advocated that all health organisations appoint a Caldicott Guardian to ensure patient identifiable information is kept secure. It recommended that Caldicott Guardians should be senior members of staff.

There are two types of duty of candour, statutory and professional.

Both the statutory duty of candour and professional duty of candour have similar aims – to make sure that those providing care are open and transparent with the people using their services, whether or not something has gone wrong.

This guidance is about the statutory duty of candour. The CQC regulate the statutory duty, while the professional duty is overseen by regulators of specific healthcare professions such as the General Medical Council (GMC), Nursing and Midwifery Council (NMC) and the General Dental Council (GDC).

All staff and directors of the company should adhere to this policy, service users should have access to policy and be made aware of the duty of candour policy.

Definitions

Any relevant definitions, specific to this policy.

Term

 

Definition

 

Moderate HarmHarm that requires a moderate increase in treatment and significant, but not permanent, harm.
Near MissesThe intention of the term “could result in harm” in the harm definitions is not to bring near misses into scope as notifiable safety incidents. It is designed to reflect harm that is not apparent at the time of the incident but that may appear later.

Procedure

Aim
To assist staff to effectively communicate with patients and/or their next of kin involved in patient safety incidents to ensure that staff feel empowered and supported to be open with patients and or next of kin when moderate harm and above has occurred within the clinic.

Objectives

Notifiable safety incident’ is a specific term defined in the duty of candour regulation. It should not be confused with other types of safety incidents or notifications. A notifiable safety incident must meet all 3 of the following criteria:

  1. It must have been unintended or unexpected.
  2. It must have occurred during the provision of an activity we regulate.
  3. In the reasonable opinion of a healthcare professional, already has, or might, result in death, or severe or moderate harm to the person receiving care. This element varies slightly depending on the type of provider.

This list does not cover everything

You must start the specific procedure laid out in the duty of candour regulation ‘as soon as reasonably practicable’.

We will always expect to see providers acting promptly as soon as a notifiable safety incident has been discovered. The ‘registered person’ is responsible for carrying out, or delegating the responsibility for carrying out, the duty and must liaise with the ‘relevant person’.

The ‘registered person’ is the registered manager or the registered provider.

The regulation states that you must:

  1. Tell the relevant person, face-to-face, that a notifiable safety incident has taken place.
  2. Apologise. Regulation 20: duty of candour Page 20 of 28
  3. Provide a true account of what happened, explaining whatever you know at that point.
  4. Explain to the relevant person what further enquiries or investigations you believe to be appropriate.
  5. Follow up by providing this information, and the apology, in writing, and providing an update on any enquiries.
  6. Keep a secure written record of all meetings and communications with the relevant person. The purpose of these meetings and communications is to share whatever is know

Privacy and Confidentiality of Personal Information – Information is shared with consent to enable care.

  • Informed consent is sought when using trained interpreters.
  • Precautions are taken to prevent information being shared inappropriately.

The practice consent, confidentiality policy, Caldicott principles and information security policies are adhered to at all times.

Ensuring the effectiveness of the policy

All staff members will receive a copy of the Duty of Candour policy. Existing and new workers will be introduced to the policy via induction and training. The policy will be reviewed annually and amendments will be made if necessary.

There will be an annual duty of candour report which will be published in the clinic waiting room.

Responsibilities

Vire Aesthetics employees will be responsible for ensuring training, adherence and reviewing of Policy is kept up to date

General Principles

  • Every member of staff has a duty to see that Duty of Candour policy is adhered too and all service users are aware of the Duty of Candour.
  • The practice consistently monitors the environment within the clinic with regards to Duty of Candour.
  • Respectful attitudes and behaviours are promoted and assured, preventing service users experiencing offensive and negative attitude and behaviours.
  • Patients and relatives/carers should be given clear information on how to raise concerns and with whom. Please see Vire Aesthetics complaints policy
  • Problems in relation to standards and guidelines on Duty of Candour in care of service users shall be monitored and reported through the incident reporting system.

Enforcement / Compliance

The ultimate responsibility for ensuring the duty of candour is carried out rests with the registered person (in the form of the registered manager or provider). Vire Aesthetics

If the care quality commission believe this is not happening, they can use their powers of enforcement, and can prosecute breaches of the regulation. Regulation 20 also allows CQC to move directly to criminal enforcement action. Where an inspector considers a breach may have taken place, they will follow CQC’s Enforcement Policy and Decision Tree.

Enforcement / Compliance

Patient Confidentiality (GDC) 

Regulation 20: Duty of Candour. Health and Social Care Act 2008 (Regulated Activities) Regulations 2014:Regulation20.http://www.cqc.org.uk/guidanceproviders/regulationsenforcement/regulation-20-duty-candou

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018

Human Rights Act 1998

Common Law Duty of Confidentiality

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