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

Annex C – Making an Apology

For the purposes of the organisational duty of candour, The Act provides 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.

Sometimes people find it difficult to say sorry when something has gone wrong, and harm has occurred. The ‘Four R's’ is an easy way to remember how we can get this right:

• reflect – stop and think about the situation
• regret – give a sincere and meaningful apology
• reason – if you know, explain why something has happened or not happened and if you don’t know, say that you will find out
• remedy – what actions you are going to take to ensure that this won’t happen again, and that the organisation learns from the incident

It is important that an open and honest apology is provided from the outset as this can reassure an individual and/or their family. It will also set the tone for moving things forward. There can be a loss of trust and negative perception of the organisation following an incident, and an apology should seek to address both aspects.

By making an apology following an unintended or unexpected incident, you are recognising that it resulted in, or could have resulted in, harm or death and it is important to acknowledge the emotions that are felt by the individual and/or their family. A meaningful apology can help to calm a person who has become angry or upset.

An apology is not an admission of liability.

What is a meaningful apology?

An apology is often the first step in putting things right and can help to repair a damaged relationship and restore dignity and trust. To make an apology meaningful you should:

• acknowledge what has happened
• clearly describe what has happened and the impact for the person affected
• explain why the harm happened, if this is known when the apology is made
• show that you are sincerely sorry
• assure the individual and/or their family of the steps you or your organisation have taken, or will be taking to make sure the harm does not happen again (where possible)
• make amends and put things right where you can

How should I make an apology?

Your apology should be based on the individual circumstances. There is no ‘one size fits all’ apology, but there are some general good practice points:

• an apology should be made without delay
• the language you use should be clear, plain and direct
• your apology should be sincere
• your apology should not question the extent of harm suffered by the person affected
• your apology should not minimise the incident
• it is especially important that you apologise to the right person or people

Who should apologise?

The legislation states that the responsibility for the apology rests with the responsible person. Within each organisation there will be individuals with delegated responsibility for ensuring that an apology on behalf of the organisation is provided (recognising that there may have been individuals who have also provided individual apologies). Your organisation may have guidelines you can use.

For an apology to be effective it needs to be sincere. The official organisational recognition of the incident can be important to the individual and/or their family. The timing of a more formal apology is at the discretion of the responsible person, but best practice would be to also apologise immediately when the incident becomes known. Reassure them that you will fully investigate and share your findings.

It is the responsible person’s responsibility to make an apology, where appropriate, and you could include some phrases such as:

• ‘I am sorry that this has happened to you and I’m going to find out what went wrong and come back to you’
• ‘I am sorry that harm has occurred, let me find out what has happened and come back to you with information’