The Scottish Government seeks to introduce a duty of candour which will require health and social care services to make sure they are open and honest with people when something has gone wrong with their care and treatment resulting in harm. The statutory duty of candour is an organisational duty and would not apply to individuals providing services.

In the response, the Ombudsman supports the introduction of a carefully worded statutory duty that places responsibility on organisations providing health and social care to ensure open and honest conversations can happen. However, the Ombudsman also recognises that whilst legislation can support change, it is not enough in itself to drive culture change. The response looks at how the duty could work, including the need to involve patients and their families.

Read our full response on the consultations page.