PART 2Duty of candour
Duty of candour procedure
I124Reporting 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 10F(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 10F(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.