On the 10th October the Department of Health (DH) launched a consultation on the contractual duty of candour.
In short the DH is proposing that, as part of the new Health and Social Care Bill, a contractual duty of candour will be placed upon the provider.
The consultation asks for views on how to design a contractual requirement for organisations to be open with those affected when things go wrong. It also asks how best to support patients and clinicians to ensure people are told when things go wrong. The findings will be published alongside a final contractual requirement in 2012.
The CHFG alongside others has been invited to submit our thoughts and thus we are gathering together comments from our supporters to prepare a formal response.
We are doing this via the comments section below and invite you to add your thoughts and ideas.
Martin Bromiley has kindly agreed to “kick things off” with his own thoughts following a review of the DH document.
Please feel free to add your own views and/or to email us directly at info@chfg.org
We will collate responses by the deadline and then post them on this website.
I actually like the idea that there’s a contractual arrangement with the provider and that the commissioner can impose penalties. This is very similar to aviation. I also like the fact that it focuses on the more severe harm cases. HOWEVER…I want to see a clear statement that confirms that every provider will have a clear policy not to discipline in the event of admitted (to the organisation) inadvertent human error, and the references to “reckless or negligent” behaviour be changed to “reckless or grossly negligent behaviour that organisational norms or situational stress are unable to explain alone”. It’s really critical that clinicians et al feel protected by the system from disciplinary action. So my key questions are:
a. How can we ensure clinicians feel protected and able to be open;
b. How can we ensure that better quality investigation to learn not blame is reinforced by the policy (I note that comments about independent investigation of a failure to be open – but what about the quality of the investigation of the incident.
c. Combined with the above, how can we “regulate” behaviour of management in the providers to do right for clinicians?
I look forward to hearing what others have to say?
Martin Bromiley