Organisational duty of candour procedure: first year review

Appendix 2: Duty of Candour: the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 - Part 2, Section 24: Reporting and Monitoring

Reporting and monitoring

(1)A responsible person who provides a health service, a care service or a social work service during a financial year must prepare an annual report on the duty of candour as soon as reasonably practicable after the end of that financial year. 

(2)The report must set out in relation to the financial year— 
(a)information about the number and nature of incidents to which the duty under section 21(1) has applied in relation to a health service, a care service or a social work service provided by the responsible person, 
(b) An assessment of the extent to which the responsible person carried out the duty under section 21(1),
(C) Information about the responsible person's policies and procedures in relation to the duty under section 21(1), including information about— 
(i) Procedures for identifying and reporting incidents, and
(ii) Support available to staff and to persons affected by incidents, 
(D) Information about any changes to the responsible person's policies and procedures as a result of incidents to which the duty under section 21(1) has applied, and
(e) Such other information as the responsible person thinks fit. 

(3)A report must not— 
(a) Mention the name of any individual, or 
(b) Contain any information which, in the responsible person's opinion, is likely to identify any individual. 

(4)The responsible person must publish a report prepared under subsection (1) in such manner as the responsible person thinks appropriate. 

(5)On publishing a report, the responsible person must notify— 
(a)Healthcare Improvement Scotland, in the case of a report published by a responsible person which provides an independent health care service (within the meaning of section FL (1) of the 1978 Act), 
(B) The Scottish Ministers, in the case of a report published by any other responsible person which provides a health service,
(c)Social Care and Social Work Improvement Scotland, in the case of a report published by a responsible person which provides a care service or a social work service. 

(6)A person mentioned in subsection (7) may, for the purpose of monitoring compliance with the provisions of this Part, serve a notice on a responsible person requiring—
(a)the responsible person to provide the person serving the notice with information about any matter mentioned in subsection (2) as specified in the notice, and 
(b) That information to be provided within the time specified in the notice. 

(7)The persons are—
(a)Healthcare Improvement Scotland, in relation to a responsible person which provides an independent health care service (within the meaning of section FL (1) of the 1978 Act), 
(B) The Scottish Ministers, in relation to any other responsible person which provides a health service,
(c)Social Care and Social Work Improvement Scotland, in relation to a responsible person which provides a care service or a social work service. 

(8)The Scottish Ministers, Healthcare Improvement Scotland and Social Care and Social Work Improvement Scotland may publish a report on compliance with the provisions of this Part by responsible persons.