Analysis shows CQC ‘cannot be relied upon’ to enforce duty of candour

Topics covered: Ridouts professional advice

A new analysis completed by the charity Action Against Medical Accidents, has said CQC “cannot be relied on” to enforce the statutory duty of candour. The charity analysed 59 CQC inspections of NHS Trusts in 2017 and found that the CQC had not prosecuted a single organisation for breaching the regulations.

The duty of candour requires NHS Trusts to be open and honest with patients when something goes wrong with their treatment or care. It came into force in 2014.

The CQC have said they are reviewing how it regulates the duty of candour.

Ted Baker, CQC Chief Inspection of Hospitals, has said:-

“We are fully committed to ensuring a robust and consistent assessment of duty of candour at registration, on inspection and through our ongoing monitoring activity. We recognise there is more we can do to improve and as part of this we are currently reviewing our approach to assessing compliance with the duty of candour regulation across all sectors to identify where our regulatory processes may be strengthened further.”

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