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

10. Meeting

The organisation must invite the relevant person to attend a meeting and give them the opportunity to ask questions in advance. Organisations should consider the most appropriate way to do this once the procedure has been activated. The organisation must take reasonable steps to ensure that the meeting is accessible, including a location suitable to the relevant person, taking into account their needs.

For example, linguistic needs may need to be met, or reasonable adjustments may need to be made for someone who has a disability. In some circumstances, it may be necessary to have an interpreter, an advocate and/or someone the relevant person chooses to support them at the meeting.

If it is the preference of a relevant person to meet virtually, organisations should take reasonable steps to offer the preferred format of meeting.

Through meetings and discussion with the relevant person, organisations should determine the impact of the unintended or unexpected incident on their health and wellbeing. This will help identify their needs and which services or support may be able to provide them with assistance. In the event of an unintended or unexpected incident resulting in the death of an individual, the same support should be provided to the person acting on their behalf.

Things to consider:

• a quiet room should be used; free from distraction and where the meeting will not be interrupted
• it may not be appropriate to host the meeting close to where the incident happened – this could be emotionally difficult for the relevant person
• if the relevant person prefers to meet via a video call (a hybrid meeting), it is good practice to check the internet connection, audio, and camera settings to ensure you are able to communicate virtually – a quiet room should be used for this format of meeting
• try to avoid the use of jargon and explain technical terms when speaking with the relevant person

10.1 Conducting a meeting

A meeting must include:

• an account of the incident by the organisation
• an explanation of any further steps that will be taken by the organisation to investigate the circumstances which it considers resulted in or could have resulted in the incident occurring
• an opportunity for the relevant person to ask questions about the incident
• an opportunity for the relevant person to express their views about the incident
• the provision of information to the relevant person about any legal or review procedures, which are being followed in respect of the incident in addition to the procedure

Agreeing boundaries and expectations about the procedure, including timelines and ability to communicate information, can help to support everyone involved.

Following some incidents, there may be several review processes operating in parallel, such as the complaints handling procedure. Meetings with the relevant person should include details of other procedures that are being followed, including their differing scope and focus. This can be confusing so, if possible, try to lessen confusion by offering simple, clear explanations, answering questions the relevant person may have, and offering to explain procedures again.

Duties of confidentiality may arise in relation to the disclosure of information about other patients. Organisations must comply with the requirements in the 2018 Regulations regarding a meeting, but they must also ensure they do not breach any legal rules or professional duties that prevent disclosure of information. This can vary on a case-by-case basis depending on the facts and circumstances (for example, the duty of confidentiality may not be an issue if disclosure had been consented to or there has been a decision on how this can be balanced with other competing duties). Organisations should seek advice on this matter from their legal advisers as required. A Caldicott Guardian for health boards and those providing healthcare services can also provide advice and support.

A Caldicott Guardian is a senior member of staff responsible for protecting the confidentiality of health information held by an NHS Board. They can provide advice on the disclosure of information where there are concerns that disclosure undertaken as part of the organisational duty of candour procedure has the potential to breach confidentiality. This may include balancing competing public interests against their interest that confidential information is disclosed on a need to know basis, and that when this happens the minimum necessary information is provided. In care and social work services, discussions with colleagues with knowledge and experience of data protection and information governance may be helpful. NHS Board staff should familiarise themselves with who the Caldicott Guardian is within their organisation.

10.2 Recording a meeting

It is increasingly common that patients may ask to record meetings with those involved in their care and wellbeing. This may be by an audio or video recording.

Organisations should refer to their own privacy/data protection policies and practices if such a request is made and consider whether this may be helpful. This could also be a necessary reasonable adjustment to support people if there are language barriers, hearing challenges, cognitive impairment, or to support memory, and could help in the process of decision-making for someone’s care, or the care of their loved one.

Recordings should not be made without the expressed consent of all individuals involved. The responsible person should have an open discussion with the relevant person if they ask to record the meeting and be supportive of this if it would be beneficial to those attending the meeting.

10.3 Following a meeting

After the meeting, the relevant person must be provided with:

• a note of the meeting
• contact details of an individual member of staff acting on behalf of the organisation whom the relevant person may contact

Things to consider:

Make sure the organisation agrees with the relevant person what the note of the meeting will include – this does not need to be a verbatim account of the discussion but could include:

• when and where the meeting took place
• a record of the apology
• agreed actions and timescales.

Make sure that a draft note of the meeting is shared as soon as reasonably possible with the relevant person. Organisations should seek feedback and/or amendments from the relevant person for the final record of the meeting. In some instances where the note of the meeting is brief, it could be followed by a more comprehensive summary of the issues covered in the meeting; for example, outlining the questions that were asked or views expressed, and the matters discussed.

Make sure the relevant person is aware of how they are being supported after the meeting and what the most relevant contact is for them if they have any subsequent questions.

If the relevant person does not wish to or is unable to attend a meeting with the organisation (the responsible person), they must be provided with the relevant information about the procedure to date, if they wish to be informed.