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
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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