Leaders and managers at Epitome Home Care Agency are required to ensure that the implementation of the duty of candour procedure forms a key part of the learning systems within our organisation and that the necessary integration and alignment with organisational processes and procedures have taken place. The central emphasis on communication, support, learning-focused reviews and transparency in publishing duty of candour annual reports should be reflected throughout the organisation. Epitome Home Care Agency has the duty to ensure that all staff who carry out the procedure on its behalf are familiar with the duty of candour procedure.
Furthermore, Epitome Home Care Agency considers how monitoring of the effective implementation of the actions required by the duty of candour legislation can be integrated into existing corporate governance frameworks, processes and procedures. Assurance should be sought to confirm that all elements of the procedure are being implemented when they should be and that there are ways of supporting continuous improvements and refinements in the way that Epitome Home Care Agency discharges its legal responsibilities.
Who does the duty of Candour Procedure Apply to;
Organizations that provide a health service, care service, or social work service to which the duty of candor applies is referred to in the relevant legislation as a “responsible person”. This is set out in section 25 of the Act:
•
a Health Board constituted under section 2(1) of the National Health Service (Scotland) Act 1978 (the 1978 Act);
•
a person (other than an individual) who has entered into a contract, agreement or arrangement with a Health Board to provide a health service;
•
the Common Services Agency for the Scottish Health Service constituted under section 10(1) of the 1978 Act;
•
a person (other than an individual) providing an independent healthcare service mentioned in section 10F(1) of the 1978 Act;
a local authority;
a person (other than an individual) who provides a care service;
•
an individual who provides a care service and who employs, or has otherwise made arrangements with, other persons to assist with the provision of that service (except childminders or unless the assistance
in providing that service is merely incidental to the carrying
out of other activities);
•
a person (other than an individual) who provides a social work service
When must the Duty of Candour Procedure be Activated?
Organizations (as responsible persons) must activate the duty of candour
procedure as soon as reasonably practicable after becoming aware that:
• an unintended or unexpected incident occurred in the provision of the
health, care, or social work service provided by the organization as the
responsible person;
• in the reasonable opinion of a registered health professional
(as defined in Annex C) not involved in the incident:
(a) that incident appears to have resulted in or could result in any
of the outcomes mentioned below; and
(b) that outcome relates directly to the incident rather than to the natural
the course of the person’s illness or underlying condition.
It is important to note that where the duty of candour procedure start date is later than one month after the date on which the incident occurred, an explanation of the reason for this has to be provided to the relevant person.
The relevant outcomes are as follows:
A. The death of the person.
B. Permanent lessening of bodily, sensory, motor, physiologic or intellectual
functions (including removal of the wrong limb or organ or brain damage)
(“severe harm”).
C. Harm which is not severe harm but which results in one or more of the
following criterion:
• an increase in the person’s treatment;
• changes to the structure of the person’s body;
the shortening of the life expectancy of the person;
• an impairment of the sensory, motor, or intellectual functions of the person
which has lasted, or is likely to last, for a continuous period of at least 28 days;
• the person experiencing pain or psychological harm which has been, or is
likely to be, experienced by the person for a continuous period of at least
28 days.