Background
Duty of Candour came into force on 1 April 2018 as set out in Part 2 of The Health (Tobacco Nicotine etc and Care) (Scotland) Act 2016. The Duty of Candour Procedure (Scotland) Regulations 2018 set out the procedure that organisations providing health services, care services and social work services in Scotland are required by law to follow when unintended or unexpected events happen that result in death or harm as defined in the Act.
Summary of Duty of Candour Procedure
- to notify the person affected (or family/relative where appropriate)
- to provide an apology
- to carry out a review into the circumstances leading to the incident
- to offer and arrange a meeting with the person affected and/or their family, where appropriate
- to provide the person affected with an account of the incident
- to provide information about further steps taken
- to make available, or provide information about, support to persons affected by the incident
In Angus our emphasis continues to be on open and honest communication, treating people with dignity and respect. When things go wrong and mistakes are made, in line with our legal requirement, we review incidents where facts are not clear, we meet with people affected and communicate openly and honestly to ensure they understand what has happened, receive an apology, and are meaningfully involved in any review.
This report covers Angus social work services, including those delivered within the Angus Health and Social Care Partnership (AHSCP), which have Duty of Candour reporting responsibility.
The report covers the period 1 April 2023 to 31 March 2024. During that time, there were no incidents reported under the Duty of Candour from Angus council social work service or Angus Health and Social Care Partnership.
Incidents to which the Duty of Candour applies:
| Type of unexpected or unintended incident | Number of times this happened |
| Someone has died | Nil |
| Someone has permanently less bodily, sensory, motor, physiologic or intellectual functions |
Nil |
| Someone’s treatment has increased because of harm | Nil |
| The structure of someone’s body changes because of harm | Nil |
| Someone’s life expectancy becomes shorter because of harm | Nil
|
| Someone’s sensory, motor, or intellectual functions is impaired for 28 days or more | Nil |
| Someone experienced pain or psychological harm for 28 days or more | Nil
|
| A person needed health treatment in order to prevent them dying | Nil |
| A person needing health treatment in order to prevent other injuries | Nil |
Information about our policies and procedures
Angus social work services and AHSCP continue to use learning from complaints and mistakes, and where necessary changes are made to minimise future risks to individuals using our services. The council and AHSCP take a corporate approach to complaints management and the central team highlight issues that have occurred within the context of service delivery to ensure the duty is initiated where appropriate.
We recognise there is a need to support staff that have been impacted by distressing events alongside the people who receive a service from the Council. Support is provided for all staff through line management structures with managers meeting with staff to debrief following any serious incidents. The council has counselling support available through PAM Assist who provide an independent and confidential counselling service to employees.
Where something has happened to trigger the Duty of Candour, procedures are followed in line with the Duty of Candour Operational Instruction available to staff centrally on the council intranet. This instruction applies to all AHSCP and children and families social work staff. It details what action staff must take and how they must behave in accordance with our duty to be open, honest, and supportive when there is an unexplained or unintended incident resulting in death or harm.
Duty of Candour training is available to all staff through an E-Learning resource and staff are provided with guidance regarding their responsibilities under the Duty of Candour by responsible managers of all residential, respite units, houses and care services.
We continue to make changes to our policies and procedures as a result of Duty of Candour incidents, learning from mistakes, complaints, and other forms of feedback from those who use care services. We like Scottish Government are committed to openness and learning which is vital to the provision of safe, effective, and person-centred health and social care services.
As required, we will publish this report on Angus Council website and submit the link to the report to the Care Inspectorate.
For further information in respect of this report, please contact People@angus.gov.uk
Approved by: Kirsty Lee, Chief Social Work Officer
Date: 15 May 2024