Policies & Procedures

Duty of Candour Policy v1.0

1. Policy Statement

VCare Consultancy Services Limited is committed to promoting a culture of openness, honesty, transparency and accountability in all aspects of care delivery.

The organisation recognises its legal and professional responsibilities under the statutory Duty of Candour requirements and is committed to ensuring that service users, families, representatives and relevant persons are treated with honesty and compassion whenever things go wrong.

VCare will:

• act openly and transparently;
• acknowledge mistakes promptly;
• provide truthful information;
• apologise where appropriate;
• support service users and families;
• learn from incidents and concerns;
• implement improvements to reduce recurrence.

The organisation believes that openness and transparency are fundamental to delivering safe, effective, caring and well-led services.

2. Purpose

The purpose of this policy is to:

• ensure compliance with Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014;
• promote an open and transparent culture;
• ensure service users and families are informed when incidents occur;
• support staff understanding of Duty of Candour responsibilities;
• ensure incidents are managed fairly and compassionately;
• improve organisational learning and service quality;
• maintain trust and confidence in care delivery.

3. Scope

This policy applies to:

• directors;
• registered managers;
• office staff;
• care staff;
• agency workers;
• contractors;
• volunteers.

The policy applies to all regulated activities undertaken by VCare Consultancy Services Limited.

4. Legal and Regulatory Framework

This policy is informed by:

• Health and Social Care Act 2008
• Regulation 20 – Duty of Candour
• Care Act 2014
• CQC Fundamental Standards
• Health and Safety at Work Act 1974
• Data Protection Act 2018
• Human Rights Act 1998
• Safeguarding legislation and guidance

5. What is Duty of Candour?

Duty of Candour is a legal requirement for health and social care providers to act openly and honestly with service users and relevant persons when a notifiable safety incident occurs.

This includes:

• informing individuals when something has gone wrong;
• providing factual information;
• offering an apology;
• explaining actions taken;
• keeping records appropriately;
• supporting individuals affected.

An apology does not constitute an admission of legal liability.

6. Organisational Commitment

VCare is committed to ensuring that:

• concerns are acknowledged promptly;
• individuals are treated with dignity and compassion;
• communication is clear, honest and respectful;
• lessons are learned from incidents;
• staff feel supported to report incidents openly;
• there is no culture of blame or concealment.

The organisation promotes a learning culture focused on improving safety and quality.

7. Notifiable Safety Incidents

Duty of Candour requirements apply where a service user experiences unintended or unexpected incidents that could result in:

• death;
• severe harm;
• moderate harm;
• prolonged psychological harm;
• avoidable deterioration in health or wellbeing.

Examples may include:

• medication errors;
• falls causing injury;
• safeguarding failures;
• avoidable harm;
• treatment or care errors;
• communication failures resulting in harm;
• serious incidents during care delivery.

Each incident will be assessed individually.

8. Responsibilities

Directors and Registered Manager

Responsible for:

• ensuring compliance with Regulation 20;
• promoting open culture;
• overseeing investigations;
• ensuring appropriate communication;
• ensuring staff awareness and training;
• maintaining records;
• implementing learning and improvements.

Staff Responsibilities

All staff must:

• report incidents promptly;
• cooperate with investigations;
• communicate honestly;
• escalate safeguarding concerns;
• maintain accurate records;
• support service users compassionately.

Failure to report serious incidents may result in disciplinary action.

9. Duty of Candour Procedure

Where a notifiable safety incident occurs, VCare will:

9.1 Immediate Safety Measures

• ensure immediate safety of the service user;
• arrange medical support if required;
• escalate safeguarding concerns;
• notify emergency services where appropriate.

9.2 Incident Reporting

Staff must report incidents immediately through:

• incident reporting systems;
• safeguarding procedures;
• management escalation processes.

9.3 Notification to Relevant Person

The Registered Manager or delegated senior staff member will:

• inform the service user and/or relevant person as soon as reasonably practicable;
• provide factual information known at the time;
• explain what has occurred;
• explain immediate actions taken;
• offer support and reassurance.

Communication will be compassionate, respectful and honest.

9.4 Apology

VCare will provide a sincere apology where appropriate.

An apology will include:

• acknowledgement that something has gone wrong;
• expression of regret;
• reassurance that concerns are being investigated.

An apology does not mean acceptance of legal liability.

9.5 Investigation

VCare will:

• investigate incidents proportionately;
• identify contributory factors;
• review policies and procedures;
• implement corrective actions;
• identify lessons learned.

Investigations may involve:

• safeguarding authorities;
• local authorities;
• CQC;
• external professionals where necessary.

9.6 Follow-Up Communication

VCare will provide updates regarding:

• investigation progress;
• findings where appropriate;
• actions implemented;
• service improvements identified.

10. Record Keeping

VCare will maintain accurate records relating to:

• incidents;
• notifications;
• meetings and communications;
• apologies provided;
• investigations;
• actions implemented;
• safeguarding referrals.

Records will be stored securely and confidentially in accordance with data protection legislation.

11. Support for Service Users and Families

VCare recognises that incidents may cause distress and anxiety.

The organisation will:

• communicate sensitively;
• allow individuals opportunity to ask questions;
• provide reassurance and support;
• signpost additional support where appropriate;
• involve families and representatives where lawful and appropriate.

12. Support for Staff

VCare recognises that staff involved in incidents may require support.

The organisation will:

• promote fair and supportive management;
• encourage reflective practice;
• provide supervision and guidance;
• avoid blame-focused culture where staff acted appropriately and honestly.

13. Safeguarding

Where incidents involve:

• abuse;
• neglect;
• unsafe practice;
• exploitation;
• significant risk,

safeguarding procedures will be followed immediately.

Duty of Candour responsibilities do not replace safeguarding obligations.

14. Confidentiality and Data Protection

Information will be shared in accordance with:

• Data Protection Act 2018;
• UK GDPR;
• confidentiality obligations;
• safeguarding responsibilities.

Only relevant and lawful information will be disclosed.

15. Training and Awareness

VCare will provide staff with training and awareness regarding:

• Duty of Candour requirements;
• incident reporting;
• safeguarding responsibilities;
• communication skills;
• professional accountability.

Training may be delivered during:

• induction;
• supervision;
• mandatory training;
• policy updates.

16. Monitoring and Governance

VCare will monitor:

• incidents and trends;
• safeguarding concerns;
• complaints;
• lessons learned;
• policy compliance;
• training compliance.

Learning outcomes will be used to improve service quality and reduce future risks.

17. Related Policies

This policy should be read alongside:

• Safeguarding Policy
• Complaints Policy
• Incident Reporting Policy
• Medication Policy
• Whistleblowing Policy
• Data Protection Policy
• Equality and Diversity Policy
• Health and Safety Policy

18. Review

This policy will be reviewed:

• annually;
• following serious incidents;
• following regulatory changes;
• following safeguarding investigations;
• following CQC recommendations.

19. Declaration

VCare Consultancy Services Limited is committed to maintaining an open, transparent and learning-focused culture that prioritises the safety, dignity and wellbeing of service users.

The organisation will always strive to act honestly, compassionately and responsibly whenever incidents occur.