| answer text |
<p>Recommendation 274 was in line with the government’s commitment to greater openness
and transparency across the National Health Service, particularly when things go wrong.</p><br
/><p>The Coroners and Justice Act 2009 gives coroners powers to require a person or
organisation in England and Wales to provide evidence and to require a witness in
England and Wales to give evidence at an inquest. The 2009 Act makes it, “an offence
for a person to do anything that is intended to have the effect of (a) distorting
or otherwise altering any evidence, document or other things that is given, produced
or provided for the purpose of an investigation…. (b) preventing any evidence, document
or other thing from being given produced or provided for the purposes of such an investigation
or to do anything that the person knows or believes is likely to have that effect.”
This offence is limited to actions where there is “intention” to distort or alter
evidence, and is punishable by a fine and / or imprisonment. The Ministry of Justice
is currently conducting a post-implementation review of the 2013 coroner reforms in
the Coroners and Justice Act 2009, which includes the reforms’ provisions on disclosure
of information. The call for evidence and survey element of the review finished at
the end of 2015, and the Ministry of Justice is now considering the responses received.
The Department of Health understands that it hopes to publish a response document
in the spring.</p><br /><p>In response to the Mid Staffordshire NHS Foundation Trust
Public Inquiry the Government introduced a statutory duty of candour which came into
force on 27 November 2014 for NHS Trusts, Foundation Trusts and some special health
authorities that provide care and treatment to people that is regulated by the Care
Quality Commission (CQC) and for all other providers registered with CQC on 1 April
2015. The statutory duty of candour applies to organisations, rather than to individual
members of staff. However, it is designed to foster an open culture throughout the
organisation, and providers are accountable to CQC for meeting the duty of candour.
CQC are able to take enforcement action against the provider, and in certain circumstances
its board and senior management, where breaches of the duty of candour have been found.
Providers of care will therefore be expected to implement the new duty of candour
through staff across their organisations - including educating, training and, if needs
be, disciplining their staff appropriately.</p><br /><p>In addition, The NHS Serious
Incident Framework published in 2015 provides advice on provision of information regarding
serious incidents to coroners, patients and their families. It is available at</p><br
/><p><a href="https://www.england.nhs.uk/patientsafety/serious-incident/" target="_blank">https://www.england.nhs.uk/patientsafety/serious-incident/</a></p><br
/><p>CQC will look at how safe care is for patients as part of the inspection of NHS
Trusts.</p><p><em></em></p>
|
|
