Duty of candour: BMJ investigation reveals patchy enforcement by regulatory agencies

Professional medical regulators lack the mechanisms for knowing how well they are enforcing or investigating breaches of their own code around the duty of candour, freedom of information requests submitted by The BMJ have suggested.

The General Medical Council (GMC) does not theme its conduct and fitness to practise cases specifically around the professional duty of candour. Nor, despite the duty applying to registered practitioners in formal management roles, does it keep records enabling easy identification of those in such roles.

Like the GMC, the Nursing and Midwifery Council (NMC) does not distinguish on its register between nurses and midwives in formal management roles and those in other roles. However, unlike the GMC, it does classify its fitness to practise or conduct hearings under the heading of “duty of candour.”

The Care Quality Commission (CQC) is able to identify enforcement actions around the statutory duty of candour on a routine basis, The BMJ has found.