"[1] Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston [2] stated that public servants should be willing "to explain fully what has occurred and why."
There is also a duty of candour referred to in various contexts as a professional, contractual or statutory duty,[3] which is imposed on all NHS and non-NHS providers of services to NHS patients in the UK to "provide to the service user and any other relevant person all necessary support and all relevant information" in the event that a "reportable patient safety incident" occurs.
In January 2014 David Behan, chief executive of the Care Quality Commission (CQC), threw his weight behind a wide definition for the statutory duty of candour which was recommended by the Francis Report.
[9] The Government originally intended the duty to be limited to cases of “severe harm” – when a patient had been killed or left permanently disabled, as a wider reporting requirement could inundate organisations with unnecessary bureaucracy.
The CQC undertook a consultation exercise in 2018 and issued updated guidance in 2021, noting the importance of a "heartfelt apology" as a part of the process of correcting harm.