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Statutory Duty of Statutory Duty of

Statutory Duty of - PowerPoint Presentation

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Statutory Duty of - PPT Presentation

Candour The Health Tobacco Nicotine etc and Care Scotland Act 2016 What does it mean for me Background Legislation in response to Francis Inquiry Key recommendation for openness transparency and candour including a statutory duty ID: 611803

person duty procedure candour duty person candour procedure health information incident care responsible training support provide report regulations apology

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Slide1

Statutory Duty of

Candour

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

What

does it mean for

me

?Slide2

Background

Legislation in response to Francis

Inquiry

Key recommendation for openness, transparency and candour, including a statutory duty

.

Duty of Candour legislation introduced in England in

2014

Act passed in Scotland in April 2016

.

Planned

implementation date 1 April

2018

New law applies to

all

health and social care organisationsSlide3

Duty of

Candour

as culture

Individuals want to be told when things have gone wrong

.

Acknowledge. Apologise. Tell them the facts

.

Tell them what steps will be taken to avoid this happening to someone

else.

Remember the person behind the process.

An

apology or other step taken in accordance with the duty of candour procedure

does not

of itself amount to an admission of negligence or a breach of a statutory dutySlide4

Who is responsible?

Many individuals within health and social care have a professional duty in their Codes Of Practice.

e.g. SSSC

CoP

3.6- be open and honest with my employer, people who use services and carers when care has or may have caused physical, emotional, financial or material harm or loss.

New statutory duty for organisations

The ‘responsible person’ as defined in the act is not a person but the organisation/provider

Organisations will need to decide themselves who is responsible for taking the lead on this workSlide5

When does the duty apply?

When, in the reasonable opinion of a registered health professional,

there has been incident that has resulted in

unintended or unexpected harm

to an individual receiving a health or care service

.

A registered health professional who has not been involved with the provision of the care that the duty of candour procedure has been applied to should confirm that the activation of the duty of candour procedure is necessary.

The

specific considerations that responsible persons will need to consider will be outlined in guidanceSlide6

What do we mean by harm?

death of the person

a permanent lessening of bodily, sensory, motor, physiologic or intellectual functions

an increase in the person’s treatment

changes to the structure of the person's body

the shortening of the life expectancy of the person

an impairment of the sensory, motor or intellectual functions of the person which has lasted, or is likely to last, for a continuous period of at least 28 days, .

the person experiencing pain or psychological harm which has been, or is likely to be, experienced by the person for a continuous period of at least 28

days

Or;

the person requiring treatment by a registered health professional in order to prevent-

(i)the death of the person, or .(ii) any injury to the person which, if left untreated, would lead to one or more of the outcomes mentioned above.Slide7

What the duty requires

Organisations must

follow procedure set out in

regulations

D

uty

to

produce

an annual

report

including number and nature of incidents

where the duty of candour has been implemented

The responsible person (

i.e.

health board/ social work service/ organisation/ provider) is required to

undertake training as stipulated in the regulations

, and;

Provide training, supervision and support

to any person carrying out any part of the procedure on behalf of the responsible

person (i.e. knowledge of procedure, delivering an apology, having difficult conversations)Slide8

The procedure

The procedure is still being

finalised (draft regulations were circulated in June 2017 for comment) but

likely to include:

- how to record

information

- when to offer support (to individuals and staff

)

- nature of apology and explanation of

events

- incident review and follow

up

- actions required at and after a family meetingSlide9

Key stages of the procedure

The key stages of the procedure include:

(a) to notify the person affected (or family/relative where appropriate)

(b) to provide an

apology

(c) to carry out a review the circumstances leading to the incident

(d) to offer and arrange a meeting with the person affected

(e) to provide the person affected with an account of the incident

(f) to provide information about further steps taken

(g) to make available, or provide information about, support to persons affected by the incident

(h) to prepare and publish an annual report on the duty of

candourSpecific timescales will be included in the regulationsSlide10

What do you need to report?

All organisations must publish annual report to show

:

- number and nature of

DoC

incidents

- assessment of extent to which the duty was carried out

- information about

DoC

policies and procedures

- any changes made to policies as a result of

incidents

It is NOT a report for each

incident

Support from Care Inspectorate and HIS on aligning existing recording systems with duty of candour requirements and style templates for annual reportsSlide11

Education , training and support

E-learning

module

– case study and scenario

based with knowledge check exercises and prompts to check local procedures

Webex

sessions and

webinars

Roadshows

and ‘pop-up clinics

Face-to-face

training

Information and awareness raising materials including

factsheets

Train the

trainers pack including case

studies,

service user/ carer stories, presentation materials, signposting

to other resources and

tools

FAQsSlide12

What can you do now?

Understand how ready you are to respond – individually, within teams, organisation-wide

Align with existing reporting/recording/incident processes and procedures

Look at what training you have available and build on what you have embedding the new Duty and identify

gaps

Consider who are the right people, with the rights skills to lead for your

team/organisation

Engage with

training materials and events

Relax, take a deep breath and don’t panic!!!!Slide13

The next steps

Finalise regulations

Develop guidance

Development of ‘Train the Trainers’ pack

Face to face and online engagement and information events

Development of information materials for people who use services and their families/carersSlide14

Further information

Dedicated web page:

www.gov.scot/Topics/Health/Policy/Duty-of-Candour

Includes a FAQs

page

Any questions email:

dutyofcandour@gov.scotSlide15