Publications

NIHRC Response to the Department of Health’s consultation policy proposals for a duty of candour and openness

Date produced August 2021

Below is a summary of the recommendations/messages

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC):

2.4 recommends that the term ‘candour’ is used to refer to the requirement to provide information in relevant circumstances.

3.6 supports the introduction of a statutory individual Duty of Candour with a criminal sanction for breach.

4.7 recommends that the statutory Duty of Candour applies to every healthcare organisation and everyone working for them.

5.8 supports the routine requirements of the statutory organisational Duty of Candour, provided that detailed guidance is given to staff outlining how they can comply with these requirements.

6.8 agrees with the proposed definition for the significant harm threshold for the Duty of Candour procedure.

7.5 supports the proposed requirements under the organisational Duty of Candour when things go wrong.

8.6 supports the proposed legislative requirement to provide an apology and the accompanying proposals outlined in the consultation document.

9.3 supports the outlined proposals for support to health and social care professionals under the statutory organisational Duty of Candour and recommends that adequate resources are assigned to provide the necessary training and support for health and social care professionals to carry out their duties.

10.6 supports the reporting and monitoring requirements as proposed in the consultation document.

11.4 supports the proposed introduction of criminal sanctions for breach and an obstruction offence.