New rules to toughen transparency in NHS organisations and increase patient confidence have been announced by Health Minister Dr Dan Poulter following a public consultation. The government will create regulations that require the NHS Commissioning Board to include a contractual duty of openness in all commissioning contracts from April 2013.
This means that NHS organisations will be required to tell patients if their safety has been compromised, apologise, and ensure that lessons are learned to prevent them from being repeated. Although all NHS organisations are currently expected to be open about mistakes, there is no contractual duty to hold them to account when this does not happen.
Dr Dan Poulter said:
“The importance of an open culture cannot be underestimated. We expect that Robert Francis will make further recommendations on duty of candour when the Mid Staffordshire Inquiry has been published, and we are committed to taking whatever further action we think is needed as a result. But we cannot simply wait when there are things we can already do – creating this contractual duty of candour now ensures that NHS contracts for the next financial year will champion patients’ rights to always have basic honesty from our NHS, as well as safe care.”
The responses to the public consultation and the government’s analysis of them have now been published, alongside the impact assessment and equalities analysis of the proposed contractual duty of candour.
- Implementing a ‘Duty of Candour’: A new contractual requirement on providers – Analysis of consultation responses
- Impact assessment
- Equalities assessment
- Table of consultation responses
Consultation responses that have not been included in the table: