A call for evidence has been launched by the government to capture and consider views about how the duty of candour system is honoured, monitored and enforced in health and social care settings.

The review was launched amid concerns there is some inconsistency in how the system is being applied with it having been in place for a decade.

Minister for mental health and women’s health strategy, Maria Caulfield, said: “I spent twenty years working as a nurse in the NHS, and I know how important it is that health and care providers are open with patients and their loved ones – especially if something has gone wrong.

“I want to ensure that our system of duty of candour is kept up to date, so I urge anyone with views or experience to respond to the call for evidence to help inform our review, which will ensure that honesty and integrity remain at the heart of our health and social care services.”  

The duty of candour requires health and care providers to be open and honest when things go wrong and means service users and families have a right to receive explanations for what happened as soon as possible and a meaningful apology. 

The review comes after the Department of Health and Social Care confirmed the strengthening of death certificate safeguards would come into force in September, with medical examiners looking at the cause of death in all cases that haven’t been referred to the coroner.

Patient safety commissioner, Henrietta Hughes, said: “I welcome the fact that duty of candour is being reviewed because it is important that people do not struggle to get information when something has gone wrong.  Working with patients as partners is an opportunity for us to learn and improve.

“I would urge the public and clinicians to respond to this call for evidence.”

Helen Wildbore, director of Care Rights UK, said: “This review is welcome. But it is discouraging to see the focus on health services in the communications from the Department of Health and Social Care, stating ‘government review to create a more open healthcare system’. We urge the government to ensure the implementation of the duty in care services also gets a thorough review. We hear via our helpline the anxiety and suffering caused when the duty is not followed in care settings.”

The call for evidence will run for six weeks.