Duty of Candour
A legal and professional obligation for care providers to be open and honest when something goes wrong. Applies to registered providers and is monitored by CQC.
The duty of candour is a legal requirement under Regulation 20 of the Health and Social Care Act 2008 Regulated Activities Regulations 2014. It requires all health and social care providers registered with CQC to be open and honest with people when something goes wrong with their care that causes harm or has the potential to cause harm.
In practice, the duty of candour requires providers to inform people affected by a notifiable safety incident, provide a truthful explanation of what happened, offer an apology, and provide a written record of the notification. The duty remains absolute regardless of concerns about litigation or reputation.
CQC assesses compliance with the duty of candour as part of its inspection framework, typically within the Well-Led key question. A provider with evidence of open reporting, clear processes for managing incidents, and a culture that supports staff in raising concerns will score more positively in this area than one that fails to demonstrate these processes.
For a care home website and digital presence, the duty of candour avoids requiring public disclosure of individual incidents. However, it reflects a broader culture of transparency that, when communicated genuinely on a website or directory profile, builds trust with families. A care home that describes its approach to incidents and learning in specific terms, rather than generic phrases about being committed to quality care, demonstrates the kind of candour families find credible.