Publication - Advice and guidance
Organisational Duty of Candour: non-statutory guidance - revised March 2025
This revised guidance focuses on the implementation of the legal duty of candour procedure for health, care, and social work services.
Annex A – The Duty of Candour Checklist
Throughout the process:
- Support and assist relevant person(s) and staff
- Consider and give support or assistance
- Staff receive training and guidance on all requirements of the procedure
- Staff to be provided with details of services and support relating to their needs arising from the incident
Step 1: Identify & contact relevant persons
- Do you know who the relevant person is in this incident?
- Are you confident all relevant persons have been identified?
- Is their preferred method of communication already known?
- If not, this needs to be determined and noted.
- Has it been possible to contact them? If not, a note should be made of the attempts to make contact.
- If the relevant person requested they not be contacted, note this and follow their wishes.
Step 2: Notify the relevant person
- Provide the relevant person with an account of the incident and what actions are going to be taken. (Note that if it has been more than one month since the incident, you need to explain why it has taken this amount of time).
Step 3: Arranging a meeting
- Provide the relevant person with the opportunity to ask questions in advance of the meeting.
- At the meeting:
- Apologise
- Tell the person what happened
- Tell them what further steps are being taken
- Give them the chance to ask further questions and to share their views
- Tell them about any other relevant, ongoing processes.
- Offer to provide them with a note of the meeting and the organisation's contact details (they may notwish to receive the note).
- Keep a record of this meeting note.
Step 4: Carry out a review
- Start a review - seek the views of the relevant person unless they have expressed that they do not want to be contacted.
- Prepare a report - that includes the manner in which it has been carried out.
- Ensure that the report focuses on improving quality and sharing learning.
- The report should include the actions taken in respect of the duty of candour procedure.
- Offer to send the relevant person a copy of the review report – remember to let them know of any further actions ahead.
- Make sure that a written apology is offered
[Optional] Step 5: Hold a final meeting with the relevant person
Contact
Email: dutyofcandour@gov.scot