Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of candour definition

What does Duty of candour mean? A requirement on healthcare providers to be open and transparent with patients (and, where appropriate, their representatives) about care and treatment, particularly when something has gone wrong and caused, or could cause, significant harm. In legal practice this term commonly refers to statutory duties and related regulatory and professional obligations. England: a statutory duty of candour under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 applies to all registered providers carrying on regulated activities. When a “notifiable safety incident” occurs, providers must promptly inform the relevant person, explain what happened and what will be done,...

Duty of Candour and related CQC regimes: statutory framework, notifiable safety incidents, fit and proper person test, fundamental standards, avoidable harm and PSIRF (England)

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Practice notes

The Francis Inquiry

In June 2010, a full public inquiry into the Mid Staffordshire foundation NHS trust was launched after concerns about care standards at the Trust and an investigation and report by the now‑abolished Healthcare commission in March 2009. The worries centred on apparently high mortality among patients admitted as emergencies. Chaired by Robert Francis KC, the Inquiry found that candour is integral to high‑quality healthcare, yet openness, transparency and candour are too often absent. Accordingly, a statutory duty of candour was introduced to deliver a key recommendation of the Inquiry. This duty has also been referred to as Robbie’s Law by the Action against Medical Accidents group, after Robbie Powell, who died in 1990.

Statutory framework

The regulations were made on 6 November 2014, with many taking effect 21 days later, that is, 27 November 2014, in line with reg 1, with the remaining Regulations commencing on 1 April 2015. The statutory duty of candour has been in force since November 2014, as has the fit and proper persons test for directors of a health service body. The statutory duty of candour applied to all NHS bodies from November 2014...

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Web page updated on 21/05/2026

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