Duty of Candour Policy

DUTY OF CANDOUR POLICY

Policy Statement

We have a duty under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 to act in an open and transparent way where a service user is involved in a certain type of incident occurring during the provision of our service. These incidences are called “notifiable safety incidences”.

“Notifiable safety incidences” are any unintended or unexpected incidences that, in the reasonable opinion of a health professional, could result in or appear to have resulted in:

a)the death of the service user, where the death relates to the incident rather than to the natural course of a service user’s illness or underlying condition;

b)an impairment of the sensory, motor or intellectual functions of a service user, which has lasted or is likely to last longer than a continuous period of at least 28 days;

c)changes to the structure of a service user’s body;

d)a service user experiencing prolonged pain or psychological harm which has or is likely to last longer than 28 days;

e)the shortening of the life expectancy of a service user; or

f)an injury to a service user, which, in the reasonable opinion of a health professional, requires treatment by that health professional or another health professional in order to prevent either death or an injury which if, left untreated, would lead to one of the outcomes in a) to e) above.

Examples of injuries that require notification may include damage to:

-sight, hearing, touch, smell or taste

-any major organ of the body

-bones

-muscles, tendons or joints

-intellectual functions

-skin

This policy will always apply in the event that a service user is admitted to hospital as a result of an injury.

Duty to notify the relevant person of the incident

If a notifiable safety incident occurs, employees should notify the Manager (or in their absence the Deputy Manager) immediately. Failure to notify the Manager (or the Deputy Manager) may result in disciplinary action up to and including dismissal.

The Manager (or in their absence the Deputy Manager) will as soon as possible:

a)notify the relevant person of the incident by phone or face to face meeting and make a written record of this. The notification will provide the relevant person with all information directly relating to the incident and include a truthful account of all the facts known about the incident. An apology will be given in accordance with the terms of this policy (as set out below);

b)provide support to the relevant person. This might include, for example, emotional support, providing access to any necessary treatment, or signposting advocacy and support services;

c)advise the relevant person and, if possible, agree with them what further enquiries into the incident are appropriate;

d)explain that new information may emerge during the course of an investigation and that the relevant person will be informed of this; and

e)provide the relevant person with all reasonable opportunities to be involved in the progression of any investigation.

Who is the relevant person?

The relevant person is usually the service user. If the service user has died, the relevant person is their next of kin. In all other circumstances the information can only be disclosed to a third party if that third party has a legal right to the information (for example, under a health and welfare power of attorney) or if the service user has given explicit consent for it to be notified to that person.

Providing an apology

The apology should only be made by the Manager, after consultation with Heather House, Director. Other employees are strictly prohibited from making the apology as doing so could have serious adverse consequences including, but not limited to, the invalidation of our insurance policy.

The apology should be an apology that the incident has occurred. No admission of liability should be made.

Breach of this policy, for example, admitting liability or making an apology without the authority to do so, may result in disciplinary action up to and including dismissal.

Written Notification

Following notification, the information given verbally must be recorded in writing and sent to the relevant person by email or letter, together with the results of any further enquiries into the incident (if they wish to receive this information).

Provision of further Information

The relevant person should be offered the opportunity to discuss the matter with the Manager or Deputy Manager throughout treatment of the service user (if applicable) and during the investigation, at times and amounts of their choosing.

What happens if the relevant person cannot be contacted?

If the relevant person cannot be contacted or refuses to speak with the Manager, a written record must be kept of all attempts made to contact them. Our policy is for the Manager to make daily attempts to contact the relevant person by phone for a period of seven days from the date of the incident, following which an email or letter will be sent to the relevant person asking them to contact the Manager as soon as possible.

Other notifications

The following bodies should also be notified:

• CQC (in accordance with Regulations 16 and 18 of the Care Quality Commission (Registration) Regulations 2009.
• Social Services (if it is appropriate to make a safeguarding alert).
• Our insurers.

Records

A record of the written notification should be kept along with any enquiries and investigations and the outcome or results of the enquiries or investigations. A record of all communications sent to or received from the relevant person should be maintained.

A record of all communications sent to or received from the relevant peshoulmaintained.

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Duty of Candour Policy 08.04.15