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  • New law strengthens punishment for assaulting health sector workers

    New law strengthens punishment for assaulting health sector workers

    Friday, 27 July 2018 16:08
  • Home Office gives go ahead to allow cannabis-derived medicinal products on prescription

    Home Office gives go ahead to allow cannabis-derived medicinal products on prescription

    Friday, 27 July 2018 15:58
  • Review on prescribed medicines sets out scope and terms of reference

    Review on prescribed medicines sets out scope and terms of reference

    Tuesday, 24 July 2018 12:30
  • AMs recommend that pharmacists have access to palliative care data in Wales

    AMs recommend that pharmacists have access to palliative care data in Wales

    Wednesday, 18 July 2018 17:41
  • APTUK questions claims about pharmacy technicians’ desire to supervise medicines supplies

    APTUK questions claims about pharmacy technicians’ desire to supervise medicines supplies

    Wednesday, 18 July 2018 17:17

Umesh Modi is a chartered accountant, and Pamini Jatheeskumar is a chartered certified accountant at Silver Levene...
  Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead...
Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead pharmacist, Health and Wellbeing Directorate, Public Health England
More inWhite Papers  

judge hamerOctober 20 2014

The Scottish Government is seeking views on its plans to introduce a duty of candour and to make wilful neglect an offence in healthcare settings

Under the proposals, it will become a criminal offence to deliberately mistreat or neglect people receiving care. “This will add to existing laws that already make it an offence to deliberately neglect or mistreat mental health patients or adults with incapacity, extending the legal protection to everyone using NHS or social care services in all health and care settings,” says the Scottish Government.

With regards a duty of candour, it “intends to introduce a statutory requirement on organisations providing health and social care to have effective arrangements in place to demonstrate their commitment to disclose instances of physical or psychological harm.”

Scotland’s Health Secretary Alex Neil said: “The Scottish Government strongly supports duty of candour and believes that all health and social care staff must be honest and transparent in everything that they do in order to best serve and protect those who rely on their services.

“Outlining our intention to put this important principle into legislation places a duty on every service to give an explanation to any person who suffers harm and, where appropriate, an apology. This legislation will also build on the progress made across NHS Scotland through the implementation of our national framework for learning from adverse events.”

He also commented: “Due to the high standards set by the staff of the NHS, any instances of wilful neglect or mistreatment of patients in Scotland are thankfully extremely rare. However events elsewhere in the UK have shown that we need to address this potential gap in the law.

“Let me be clear that the Scottish Government is only proposing to make deliberate acts of mistreatment an offence. We are absolutely not seeking to criminalise instances of genuine error and accident, and these will continue to be dealt with through the existing arrangements.”

The consultation on wilful neglect includes whether the offence

•    should only apply to care delivered in formal health and social care services,
•    should be based on the actions of an individual or the harm caused,
•    should apply to organisations as well as individuals.

It also seeks views on the penalty for individuals and organisations convicted of wilful deliberate neglect or mistreatment. This could include a prison sentence and/or fine.

Included in the consultation on the duty of candour are:

•    an outline of the existing approaches to candour;
•    details on the proposed requirements on organisations (regarding disclosure, support, staff support and training and reporting);
•    disclosable events and monitoring implementation of the organisational duty of candour.

The consultation period on wilful neglect and ill-treatment runs until January 2 2015 and the consultation on the duty of candour runs until January 12.

Links:

Scottish Government statement on duty of candour

Scottish Government statement on wilful neglect

Consultation on candour

Consultation on wilful neglect

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