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CQC issues fixed penalty notice for breach of duty of candour

Regulation 20 of the Health & Social Care Act 2008 (Regulated Activities) Regulations 2014 imposes a duty of candour on registered providers.  CQC has recently issued the first fixed penalty notice for a breach of this duty.

Bradford Teaching Hospitals NHS Foundation Trust was fined £1,250 for failing to apologise to a bereaved family within a reasonable time in accordance with the regulations.

The hospital had recognised delays in diagnosis and a failure to admit a child earlier as a notifiable safety incident that had arisen in July 2016. However, it would seem the family were not informed of this and that they did not receive an apology until considerably later, in October that year.

Because of the delay in complying with the duty of candour, CQC issued a fixed penalty notice.

The duty of candour was a key aspect implemented following the Francis Report into the issues that arose at Mid Staffordshire Hospital. It would seem that this is another area of practice for registered providers where they may face a fixed penalty notice.


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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