Two new laws come into force, which are designed to help improve patient safety, transparency and leadership in the NHS.
The Duty of Candour places a legal duty on hospital, community and mental health Trusts to inform and apologise to patients if there have been mistakes in their care that have led to significant harm. The law is a response to the Francis report into Mid Staffordshire, which called for a more open culture in the NHS and forms part of a wider package of measures designed to support this.
The Fit and Proper Person’s Test will help to ensure strong and safe leadership in healthcare organisations. Under the new regulations, all NHS board members will be required to undergo the Test before they are appointed. This will include an assessment of their character and a robust consideration of whether the person has the right qualifications, skills and experience for the role. The Care Quality Commission (CQC) will check during their inspections that providers have strong systems in place to carry out these checks before an appointment is made.
The Fit and Proper Person requirement has now come into force for NHS healthcare bodies but will be extended to all other registered providers, such as care homes, by April 2015.
