CQC Regulation 20: duty of candour

Who it applies to

All CQC-registered providers. The regulation defines what counts as a notifiable safety incident; check the official guidance for the thresholds that apply to your type of service.

What providers should consider

• Do managers know what counts as a notifiable safety incident?
• Is the person or their representative told as soon as reasonably practicable?
• Is a sincere apology given, and followed up in writing?
• Are records kept of all communication?
• Is the wider culture of openness (being candid when things go wrong) supported?

What evidence may be relevant

• Duty of candour policy
• Incident records showing whether the duty applied and why
• Copies of written notifications and apologies
• Investigation outcomes shared with the person

Common areas to review

• Incidents where the decision on whether the duty applied is not recorded
• Verbal apology given but no written follow-up

Internal audit questions

1. 1.For each incident in the period, is it recorded whether the duty of candour applied?
2. 2.Where it applied, was written notification sent and filed?
3. 3.Were investigation findings shared with the person or their representative?

How MyCareCompliance can help

The Duty of Candour audit checks these steps against your incident records, and improvement actions raised from an incident carry the immediate response, root cause and verification record.

Official sources

• CQC guidance on Regulation 20
• Regulation 20 — Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (legislation.gov.uk)
• CQC: regulations for service providers and managers