Duty of candour: changing the guard

Following recommendations from Robert Francis on how the inspection and regulation of hospitals could be made clearer and more robust, the Department of Health England consulted earlier this year on how those regulations might look. KATE WOODHEAD RGN DMS, reports.

The Department of Health (DH) specifically set out how the Care Quality Commission (CQC) might strengthen its approach to inspection and monitoring so that healthcare users feel safeguarded if things go wrong. The DH says that making changes to the regulatory framework will support the changes that CQC is making and that it will be able to be a more effective regulator.

The Care Quality Commission has already stated that it will be substantially changing the way it carries out its inspections.1 It will introduce new specialist inspection teams, targeting its regulatory activity towards providers where there is the greatest cause for concern and also looking at the performance of providers over and above their compliance with legal requirements. It has also reviewed current standards to ensure that care never falls below them. The language has been simplified so there is no doubt about their meaning.

New regulations setting out fundamental standards of care will come into force for all care providers on 1 April 2015. However, two of the new requirements – the fit and proper person requirements for directors and the duty of candour – will come into force for ‘NHS bodies’ sooner. They will apply from 1 October 2014 (or very closely after this date subject to Parliamentary approval). NHS bodies means NHS Trusts, NHS Foundation Trusts and special health authorities.

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