New legal requirements for Welsh NHS organisations aim to improve services for patients and staff

Two new legal duties aiming to improve services, openness and transparency in the NHS have come into force. ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

The duty of candour is a legal requirement for all NHS organisations in Wales to be open and transparent with people if something goes wrong and they experience harm while receiving healthcare. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

Under the duty, health boards and NHS trusts must apologise and support people while an investigation into the incident happens. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

They must also ensure incidents are investigated through the Putting Things Right process and learning is shared to help prevent similar incidents from occurring again. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

The duty of quality will apply to all NHS bodies and to Welsh Ministers to ensure decision making actively considers improvement in the quality of health services and outcomes for people in Wales. The duty also includes new health and care quality standards. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

A new citizen voice body, which aims to strengthen the representation of people in health and social care services and empower people to influence and shape services, is also being introduced. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

Llais, a new independent national body, will replace the work of Wales’ seven community health councils. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

It will work alongside the NHS, local authorities and volunteer organisations to give the people across Wales a say in the planning and delivery of services and ensure their views are represented. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

Health Minister Eluned Morgan said: “Everyone in the NHS works hard to provide high quality, safe and compassionate care for all. However, even when we do our best, people may sometimes experience harm. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

“These new measures will ensure quality, safety and transparency is at the heart of all that we do, help continue to drive improvements in health and social care, and ultimately, lead to better outcomes for all.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

Nicola Williams, executive director of nursing, allied health professionals and health science at Velindre University NHS Trust, said: “Staff across the NHS in Wales strive to always provide the best possible care and treatments. However, there are occasions when patients experience harm as a result of care / treatments provided. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

“These duties will help to further develop a culture of trust and openness, so that people can feel confident in the care they receive and be assured that improvements will be made to prevent such harm happening again. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​

“It is important that everyone working in the NHS and people receiving care continue to report any incidents or harm that has occurred so these can be investigated openly, and improvements made as quickly as possible.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​ ‌​‌‌‌​‌‌‍‌​‌‌‌​‌​‍‌​‌‌‌​‌​