'Duty of Candour' a key milestone in delivery on Francis' recommendation

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NHS organisations that fail to provide safe care could face immediate prosecution and fines according to new legislation.

The new law will set out 11 "fundamental standards of care" that all health and social care providers will be expected to comply with

The fundamental standards of care include the requirements that people who use services must be protected from abuse and sufficient numbers of suitably qualified, competent, skilled and experienced staff must be deployed.

The new regulations form part of the government's response to the Francis Inquiry into care failings at Mid Staffordshire Foundation Trust, published in February 2013.

The standards will come into force from April 2015, if the new legislation is agreed by parliament, and will form part of inspections by the Care Quality Commission.

In addition from October of this year it will be an offence for NHS organisations and health care provider registered with Care Quality Provision not to own up to mistakes that cause "significant harm" to patients under the new "duty of candour".

TLAP responded by gathering the social care sector's opinion on this obligation and the harm threshold.