Both health and social care are regulated by the Care Quality Commission (known as CQC) in England. CQC is responsible for ensuring services are meeting their obligations under the duty of candour.
Regulation 20 states that providers must start the duty of candour process “as soon as reasonably practicable”.
Unless there is good reason, CQC's documentation says they would expect to see the process started within 10 working days of a notifiable safety incident being discovered.
Someone may act on the behalf of the person who was harmed if: the person has died; or is under 16 and not competent to make a decision; or is over 16 and lacking mental capacity.
It is specified in Regulation 20 that a care provider must:
Tell the relevant person, face-to-face, that a notifiable safety incident has taken place
Apologise.
Provide a true account of what happened which covers everything the provider knows at that point.
Explain to the relevant person what further enquiries or investigations they will carry out.
Follow up by providing all the above information, and the apology, in writing, and providing an update on any enquiries
Keep a written record of all communications with the relevant person
Any of the above actions will have serious consequences for the people being supported, their families and the people that work in the service.
Don't let this be you!
It is vital that your recording skills are put to good use and you ensure everything is clearly and well documented.