Dear Department of Health,
I would be grateful if this email could be accepted and recorded as an official response to the Department of Health’s consultation on the Being Open Framework and Duty of Candour.
It is evident from the consultation document and the Minister of Health’s statements that the Duty of Candour aspect is being sidelined, with the emphasis instead on cultural change within the Health Service. This is both inadequate and unacceptable. Investigations into harm and deaths caused by the Health Service consistently reveal a culture of defensiveness, cover-ups, and obstruction — driven by unaccountable senior leadership over many decades. Without legislation, meaningful culture change will not happen.
A key recommendation of the 2018 Independent Hyponatraemia-Related Deaths Inquiry was the introduction of a statutory Duty of Candour for both organisations and individuals. Six years later, Northern Ireland remains the only jurisdiction without this legal duty, while Scotland, England, Wales, and the Republic of Ireland have all implemented it.
I am calling on the Department of Health to:
- Introduce without delay a legal Duty of Candour that applies to both individuals and organisations.
- Establish regulation for health service leaders and senior managers.
- Ensure independent oversight of the Duty of Candour, with families who have experienced harm playing a central role in these mechanisms.
I urge the Department to take decisive action to ensure accountability and transparency in healthcare.
Yours Sincerely,
[Your name]
[Your email]
Answers to Consultation Questions
Q7 Do you think that the introduction of a statutory organisational Duty of Candour would support organisations in their development of a more open culture? YES
Q8 Do you think that the introduction of a statutory individual Duty of Candour would support individuals to be more open? YES
Q9 Do you think that including a ‘Duty of Candour’ clause in staff contracts will improve openness? YES
Q12 Would the introduction of an Independent Patient Safety Commissioner improve openness and patient safety? DON'T KNOW
The consultation document does not provide enough information on this role, including their role, powers, reporting and governance arrangements, to allow us to make an informed response to this question.
Please note: These answers relate to the Duty of Candour and independent oversight elements of the consultation only.