This course will explain and discuss the statutory duty of candour in principle, in practice, and in context, using real examples of good and poor practice.
PROGRAMME OUTLINE
Openness, trust and good communication are at the core of the relationship between health and care professionals and their patients / families. But the duty of candour is widely misunderstood, and often misapplied, which can leave practitioners feeling exposed and patients / families feeling frustrated and, perhaps, push them towards other legal processes to get answers.
This course will help attendees to understand the relationship between the statutory and professional duties of candour, in the wider context of the importance of good communication and the reasons why complaints and claims are made.
We will look at each element of the legal test for a notifiable safety incident to trigger the duty of candour, and the next steps that are necessary, reflecting in particular on the importance of distinguishing fault and blame as irrelevant to the duty of candour.
Examples will be given of regulatory consequences where the duty of candour has not been implemented appropriately and we will discuss the part of the duty of candour that requires an apology to be given, and consider the legal implications of this as well as good practice and examples to avoid where a poor apology has made things worse.
WHO SHOULD ATTEND
Health and social care professionals, front line practitioners and managers, including those dealing with complaints and claims.
KEY LEARNING OBJECTIVES
• Understanding the importance of communication in a clinical context and the role of the duties of candour
• Appreciating the difference between the statutory and professional duties of candour
• The key elements of the statutory duty of candour for a notifiable safety incident, and the overarching duty to be open and transparent
• Understanding the process when the duty of candour is triggered
• Understanding the relationship between the duty of candour and fault / blame / liability
• The legal implications of an apology and what makes a good apology
