Duty of Candour: Consultation on draft legislation

Closed 22 Jan 2021

Opened 18 Dec 2020

Feedback updated 16 Mar 2021

We asked

The purpose of this consultation was to gather views regarding the Manx Care (Duty of Candour Procedure) Regulations 2021 which will require organisations providing people with health and care services to follow a set procedure where a person's safety has been, or is likely to be, affected as a result of using a health or social care service, including what information must be provided and when.

You said

52 responses were received: six from organisations and 46 from individuals.

  • 11 gave permission to publish their response in full
  • 34 gave permission to publish anonymously
  • seven did not give consent to publishing their responses on the consultation hub

We did

All responses received during the consultation have been considered and have helped to make improvements to the Regulations, including:

  • Clarification that the definition of 'incident' includes omissions;
  • Definition of 'relevant person' changed to provide more flexibility on who can act on someone else's behalf in receiving the information to be provided under the procedure;
  • Clarification added to confirm that any questions asked by the service user should be answered by the service provider;
  • Timescales added for publishing the annual report in relation to the duty of candour; and
  • Additional requirements added to cover publicity of the duty of candour requirements and operational policy.

The responses have also led to further detail being included in the draft operational policy for the duty of candour, which is being worked on alongside the Regulations.

It is intended that these Regulations will be introduced to Tynwald in March (subject to the Manx Care Bill 2020 receiving Royal Assent) with the aim that they should take effect at the same time as the establishment of Manx Care.

Results updated 16 Mar 2021


Published responses

View submitted responses where consent has been given to publish the response.


The Manx Care Bill will establish Manx Care as the new organisation responsible for the delivery of health and care services on the Island. They will be instructed by the Department of Health and Social Care on what services are to be delivered, to what standard and for what budget. Manx Care will then deliver services in the way it deems best and the Department will hold Manx Care to account for Manx Care’s performance.

It is anticipated that the Manx Care Bill will bring in the new legal duty for health and social care services to be open and transparent with service users from 1 April 2021. The intention in bringing in a duty of candour is to provide patients and service users with greater confidence in the providers of health and social care services as well as encouraging a culture of openness, improvement and learning from mistakes.

The duty of candour in the Manx Care Bill does not provide any detail on how the duty should operate in practice. For that, a new set of Regulations is needed, which will require organisations providing people with health and care services to follow a set procedure where a person’s safety has been, or is likely to be, affected as a result of using a health or social care service. The Regulations set out what information must be provided and when.

The intention is for these Regulations to come into operation at the same time as the establishment of Manx Care, i.e. 1 April 2021, and the purpose of this consultation is to seek your views on the proposed content of these draft regulations.

Why your views matter

This consultation is being issued for the purpose of gathering views about regulations for implementing a statutory duty of candour for health and social care services (a duty to be open and honest with service users).

Consultation Process

There are a number of questions throughout this consultation paper on specific aspects of such a duty. They are there as guidance as to what you may wish to consider when responding. They should not be taken to be prescriptive or restrictive; you are free to raise any points or make any comments that you believe to be relevant.

The deadline by which we need your response is 22 January 2021.

Electronic copies of the consultation and the draft regulations may be downloaded under ‘Related’ at the bottom of this page. Paper copies of this consultation are also available from either the Department of Health and Social Care or from the Health and Care Transformation Programme. Contact details for each are provided below:

Georgina Jones,
Department of Health and Social Care,
Crookall House,
Demesne Road,
Telephone: +44 1624 642608

Nicola Igoea,
Health and Care Transformation Programme,
Heywood House,
Ridgeway Street,
Telephone: +44 1624 693867

When submitting a response please bear in mind the following:

  1.  Your response, subject to 2 and 3 below, will be carefully considered; however it does not guarantee that your proposals or preferences will ultimately form a part of the new legal framework for the duty of candour.
  2. Any abusive or offensive responses will be discounted.
  3. Please let us know the name of the organisation that you are responding on behalf of, if applicable.
  4. We would welcome your response at the earliest opportunity ahead of the closing date.


If you have any query that relates to how this consultation has been carried out please contact Nicola Igoea by e-mail at Nicola.Igoea2@gov.im


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