Duty of candour

The legal duty to be open when something goes wrong. Apologising is required, not an admission.

What it means

Registered providers must act in an open and transparent way, and where a notifiable safety incident occurs must tell the person affected, apologise, provide an account, and follow up in writing.

Why it matters

It is a regulation with criminal sanction for breach of the notification requirements. It is also the thing families most often say was missing.

What it looks like in practice

An apology is not an admission of liability, and saying so is explicitly part of the guidance. Most insurers accept and expect it.

What to watch out for

Delaying while establishing the facts. The duty is to say what is known now and to follow up, not to wait for certainty.

Where to get proper advice

The CQC's duty of candour guidance, and your insurer, who will usually confirm that apologising is acceptable.