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Duty of Candour

Duty of Candour is a legal requirement for care and social work providers to ensure that if something goes wrong, the people affected are offered an explanation, an apology and an assurance that staff will learn from the error.

In Scotland, care services and social work services have a legal obligation, under The Duty of Candour Procedure (Scotland) Regulation 2018, to produce a short annual report showing the learning from their Duty of Candour incidents in the reported period. The report must be published on the corporate website, and notification given to the Care Inspectorate.

In England, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 establishes similar principles and requirements, except for the mandatory reporting element. The Care Quality Commission (CQC) can prosecute a registered service for a breach of Reg. 20 under the Act.

This document complies with our obligations in Scotland.

We will meaningfully include the people that are affected by the incident in a review of what happened and ensure the learning is shared within We Are With You.

We must activate the Duty of Candour procedure as soon as reasonably practicable after becoming aware that:

  • an unintended or unexpected incident occurred in the provision of the health, care or social work service provided by the organisation as the responsible person
  • in the reasonable opinion of a registered health professional (means a member of a profession to which section 60(2) of the Health Act 1999 applies) not involved in the incident:
  • the incident appears to have resulted in or could result in any of the outcomes outlined in the table below; and
  • the outcome relates directly to the incident rather than to the natural course of the person’s illness or underlying condition.

Report 1 April 2019 - 31 March 2020

We Are With You in Scotland’s report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No: SP2004004093.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

Argyll & bute Report 1 April 2019 - 31 March 2020

We Are With You in Argyll & Bute report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No CS2018369479.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

Scottish Borders Report 1 April 2019 - 31 March 2020

We Are With You in Scottish Borders report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No CS2018369480.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

Dumfries & Galloway Report 1 April 2019 - 31 March 2020

We Are With You in Dumfries & Galloway report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No CS2018369481.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

East Ayrshire Report 1 April 2019 - 31 March 2020

We Are With You in East Ayrshire’s report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service: CS2018369483.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

Glasgow Recovery Hub Report 1 April 2019 - 31 March 2020

We Are With You in Glasgow Recovery hub’s report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service CS2009233808.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

South Ayrshire Report 1 April 2019 - 31 March 2020

We Are With You in South Ayrshire’s report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No CS2018369484.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

South Lanarkshire Report 1 April 2019 - 31 March 2020

We Are With You in South Lanarkshire's report is outlined below. The information contained in this report is also shared with the Scottish regulator (Care Inspectorate) Reg. Service No CS2017362784.

Type of unexpected or unintended incident Number of times this happened
Someone has died 0
Someone has permanently less bodily, sensory, motor, physiological or intellectual functions 0
Someone’s treatment has increased because of harm 0
The structure of someone’s body changes because of harm 0
Someone’s life expectancy becomes shorter because of harm 0
Someone’s sensory, motor or intellectual functions is impaired for 28 days or more 0
Someone experienced pain or psychological harm for 28 days or more 0
A person needed health treatment in order to prevent them dying 0
A person needing health treatment in order to prevent other injuries 0

During the period, the number of incidents triggered by the Duty of Candour was:

01/04/2019 to 31/03/2020 - nil

Our Policy & Procedures

When an incident occurs that necessitates the implementation of Duty of Candour, our staff report this to their line manager and to the Director of Services (Scotland) who oversees the services we provide. The incident is recorded on our incident reporting system (Ulysses) and the Registered Manager completes the Care Inspectorate reporting e-form.

We Are With You’s local and national Incident Review groups review each incident and highlights learning from a particular incident for either a specific team member, team or the organisation as a whole. Any serious incidents are also discussed within team reflective practice sessions to ensure that the process is about learning and practice development.

Our external confidential, Employee Assistance Programme is available to all staff at any time but if Duty of Candour is triggered it is emphasised to staff that this is available. Senior management meet with staff to provide support and emphasise this is about learning and improving not blame.

Where the incident arises from staff wrong doing our disciplinary process is immediately put in place.

What have we learned?

Candour Policy, have amended our incident report procedures to account for our obligation to monitor and report and added Duty Of Candour to our Learning and Development programme.

If you would like more information about this report, please contact our Director of Services for Scotland, Rosie Mcluskie or by telephone 0141 221 8390.