Duty of Candour

1. Reason for Policy / Purpose of Policy

The Duty of Candour Policy outlines BloodTekUK's commitment to being open, transparent, and honest with service users when things go wrong with their care and treatment. This policy ensures compliance with the legal obligations set out in the Duty of Candour (Scotland) regulations, and aims to foster a culture of openness, learning, and accountability.

This policy is in line with the guidance from Healthcare Improvement Scotland and the Scottish Public Services Ombudsman (SPSO), particularly in how to make a good apology when something goes wrong.


2. Policy Statement and Aims

 BloodTek UK is committed to being candid with service users when things go wrong. We aim to:

  • Ensure that the Duty of Candour is fully understood and followed by all staff members.
  • Be open, honest, and transparent in communicating with service users when incidents occur.
  • Provide support to staff to ensure they understand their responsibilities under the Duty of Candour.
  • Ensure that service users are informed about any incidents that have affected their care and are given a proper apology, in accordance with SPSO guidance.


3. Scope

This policy applies to all staff at BloodTek UK who provide care or services to our service users. It covers all incidents where the care or treatment provided has resulted in harm to the service user or where something goes wrong with their care or treatment.


4. Definitions

  • Duty of Candour: A legal obligation for healthcare providers to be open and honest with service users when things go wrong with their care, treatment, or services.
  • Incident: An event or series of events that negatively affects the safety or well-being of a service user. This could include errors, omissions, or unforeseen complications in care or treatment.
  • Apology: An expression of regret and remorse for the distress caused by the incident, which is delivered with sincerity and is in line with the guidelines set out by the SPSO.


5. Procedure

Identifying a Duty of Candour Incident:

  • Incident Reporting: Staff must report any incidents where something has gone wrong with a service user’s care or treatment. This includes any error, omission, or complication that has resulted in harm, injury, or distress to the service user.
  • Duty of Candour Triggers: If an incident results in one or more of the following, it will trigger the Duty of Candour process:
  • The death of a service user.
  • A service user has suffered permanent harm as a result of care.
  • A service user has suffered prolonged physical or psychological harm.
  • A service user has required additional treatment or intervention to prevent further harm.

Informing the Service User:

  • Openness and Transparency: Once an incident is identified, BloodTek UK will inform the service user or their family members, where appropriate, in a clear, honest, and empathetic manner. The service user will be provided with a full explanation of what happened, why it happened, and the steps being taken to prevent it from happening again.
  • Apology: BloodTek UK will issue a sincere apology to the service user. The apology will be made in accordance with the guidance provided by the SPSO, ensuring that it is genuine, remorseful, and not defensive.
  • Follow-up Communication: Service users will be kept informed of any investigations or actions being taken as a result of the incident, and any additional support or assistance that may be required will be offered.

Investigation and Learning:

  • Root Cause Analysis: BloodTek UK will conduct a thorough investigation to understand the root causes of any incidents. This process will help identify what went wrong and what steps need to be taken to prevent similar incidents in the future.
  • Learning from Incidents: BloodTek UK is committed to learning from incidents. Staff will be trained in best practices for handling incidents, and systems will be put in place to ensure continuous improvement.
  • Regular Reviews: The findings from investigations and the effectiveness of any corrective actions taken will be reviewed regularly by management to ensure that the Duty of Candour obligations are consistently met.

Support for Staff:

  • Training and Awareness: All staff will receive training on the Duty of Candour, including how to identify incidents that require reporting and how to communicate openly and effectively with service users.
  • Support for Staff Involved in Incidents: Staff involved in incidents that trigger the Duty of Candour will be provided with appropriate support, including access to counseling or peer support if needed. Staff will be encouraged to speak openly about their experiences and to learn from the incident to improve future practices.


6. Responsibilities

  • Managers and Supervisors: Responsible for ensuring that staff understand the Duty of Candour policy, and for overseeing the investigation and resolution of incidents.
  • Staff Members: All staff are responsible for reporting incidents, participating in investigations, and ensuring that service users are informed and supported when something goes wrong.
  • Designated Duty of Candour Lead: The Duty of Candour Lead will oversee the implementation of this policy, ensuring that all incidents are reported and handled in accordance with the legal and regulatory requirements. The Duty of Candour Lead will also ensure that an apology is issued where appropriate and that service users are kept informed throughout the process.


7. Enforcement / Compliance

  • Monitoring Compliance: Compliance with the Duty of Candour will be regularly monitored through internal audits, incident reviews, and feedback from service users.
  • Non-compliance: Failure to comply with the Duty of Candour may result in disciplinary action, including retraining or corrective actions, to ensure adherence to legal obligations.
  • Review and Improvement: This policy will be reviewed regularly, and any changes in legislation or guidance will be incorporated to ensure that the Duty of Candour is always upheld.


8. Related Information

  • Duty of Candour Legislation: BloodTek UK complies with the Duty of Candour (Scotland) regulations, which set out the legal obligations for transparency and openness in healthcare.
  • Healthcare Improvement Scotland – Duty of Candour Guidance: Provides further clarity on the obligations of healthcare providers regarding the Duty of Candour.
  • SPSO Guidance on Apologies: Guidance on how to make a good and meaningful apology following an incident, ensuring it is sincere, empathetic, and focused on learning and improvement.