New laws for more open and safe care

Two new laws to help improve patient safety, transparency, and leadership in the NHS come into force today (27th November 2014).

The first is the statutory Duty of Candour, which places a legal duty on hospital, community and mental health trusts to inform and apologise to patients if there has been a mistake in their care which has led to significant harm.

The Duty of Candour has been introduced to foster a more honest and transparent culture in the NHS, particularly when things go wrong. It is a key milestone in the Government’s response to the Francis Inquiry, which investigated the failings at Mid Staffordshire and called for a more open culture in the NHS.

The second new law relates to ensuring strong and safe leadership in healthcare organisations. Under the new regulations, all NHS board members will be required to undergo a Fit and Proper Person’s 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 comes into force for NHS healthcare bodies from today. The intention is for this requirement to be extended to all other registered providers, such as care homes, in April 2015.

CQC has published guidance for NHS organisations to help them meet the requirements of these new regulations.