Duty of Candour Policy

Purpose

This policy sets out how ScanSanctuary Ltd complies with the Duty of Candour as required under the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. The aim is to ensure openness and transparency when unintended or unexpected incidents occur during the provision of our services that cause harm or have the potential to cause harm.

Scope

This policy applies to:

  • All staff employed or contracted by ScanSanctuary Ltd.

  • All services provided by the clinic including ultrasound scans and antenatal screening.

  • All incidents where the Duty of Candour procedure may be triggered.

Legal and Regulatory Framework

This policy supports compliance with:

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

  • The Duty of Candour Procedure (Scotland) Regulations 2018

  • HIS standards for independent healthcare services

  • General Medical Council (GMC), Nursing and Midwifery Council (NMC), and Health and Care Professions Council (HCPC) codes of conduct, where applicable

What is Duty of Candour?

Duty of Candour is a legal requirement to be honest with patients and families when:

  • An unintended or unexpected incident occurs in the course of providing care

  • The incident results in death or harm that is not related to the natural course of the patient's condition

Types of harm include:

  • Death

  • Permanent lessening of bodily, sensory, motor, or intellectual functions

  • Harm requiring treatment by a healthcare professional

  • Increase in treatment required to deal with the harm

  • Prolonged psychological harm

Procedure When an Incident Occurs

If an incident that may meet the Duty of Candour threshold occurs:

Step 1: Immediate Response

  • Ensure the patient is safe and provided with necessary clinical care.

  • Record the incident accurately in the clinic's incident log.

Step 2: Initial Notification

  • Inform the Registered Manager.

  • Begin preliminary investigation and confirm if Duty of Candour criteria apply.

Step 3: Notification to the Patient

The Registered Manager will:

  • Notify the patient (or appropriate person) verbally as soon as possible.

  • Offer an apology.

  • Explain what is known about the incident and what will happen next.

Step 4: Written Follow-Up

  • Provide a written account of the incident, actions taken, and next steps.

  • Offer ongoing communication and support.

Step 5: Review and Learning

  • Conduct a full review to identify causes and improvements.

  • Record actions taken.

  • Share learning with staff in a supportive and non-punitive way.

Staff Training

All staff will:

  • Be aware of the Duty of Candour Policy

  • Complete training in incident reporting, communication, and patient care following an adverse event

  • Understand their responsibilities in being open and transparent

Roles and Responsibilities

Registered Manager / Duty of Candour Lead:

  • Ensure policy implementation

  • Lead investigations and communications

  • Submit annual Duty of Candour reports to HIS and publish this report

All Staff:

  • Report incidents

  • Participate in training

  • Support patients and families with compassion and honesty

Annual Reporting

An annual Duty of Candour report will be produced and include:

  • Number of incidents triggering Duty of Candour

  • Nature of harm

  • Actions taken

  • Learning shared

  • Staff training activities

Monitoring and Review

This policy is reviewed annually.

Related Policies and Documents

  • Incident Reporting Policy

  • Complaints Handling Policy

  • Consent Policy

  • Risk Management Framework