Organisational Duty of Candour: non-statutory guidance - revised March 2025

9. Apology

In addition to any apology provided at the time of the incident, the organisation must offer (and provide if the person wishes), the relevant person a written apology (this can be by email if that is the relevant person’s preferred means of communication).

The written apology should be personal and be provided at an appropriate time during the organisational duty of candour procedure, taking account of the facts and circumstances of the incident. This should take account of the circumstances relating to the relevant person and, wherever possible, the known personal meaning or impact of the unexpected or unintended incident.

There may still be misconceptions and misunderstanding that the provision of an apology equates to an admission of liability and that organisations should never offer apologies for this reason, but this is not correct.

Section 23(1) of The Act states that “an ‘apology’ means a statement of sorrow or regret in respect of the unintended or unexpected incident.” The Act sets out that ‘an apology’ or other step taken in accordance with the organisational duty of candour procedure does not of itself amount to an admission of negligence or a breach of a statutory duty.

Further guidance on making an apology as part of the organisational duty of candour procedure is set out in Annex C. Additional information can be found on Turas^[25]