Democracy Spraffa

Item 9 - Quality Assurance

North Lanarkshire Council · 30 November 2022
Back to Health and Social Care Integration Joint Board — 30 November 2022 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

1 
REPORT 
Item No: 9 
SUBJECT: Quality Assurance – Annual Report 2021/22
TO: Integration Joint Board 
Lead
Officer for
Report:
Morag Dendy, Head of Planning, Performance and Quality
Assurance
Author(s)
of Report 
Maria Williamson, Senior Manager, Quality Assurance
DATE: 30th November 2022 
1. PURPOSE OF REPORT
This paper is coming to the IJB for:
For approval  For endorsement X To note 
2. ROUTE TO THE BOARD   
This paper has been: 
Prepared By:      
Senior Manager, Quality
Assurance
Reviewed By: 
Head of Planning,
Performance & Quality
Assurance 
Endorsed By: 
3. RECOMMENDATIONS
3.1 The Committee is asked to endorse the contents of the report. 
4.  VARIATIONS TO DIRECTIONS? 
Yes  No  N/A

Page 2

2 
5. BACKGROUND/SUMMARY OF KEY ISSUES 
5.1 The role of Quality Assurance covers a range of functions across social work
by facilitating the delivery of high-quality services through effective business
planning, maintaining quality standards and quality monitoring information.   
Our commitment is to provide an annual report on activity carried out in the
preceding year.
5.2 The purpose of this report is to update Committee on our Quality Assurance
activity over the annual period of 1 April 21 to 31 March 22.
5.3  This report highlights Quality Assurance activity over the period 1 April 21 to
31 March 22 and covers Contracts & Contract Management, Regulatory
Activity, Procurement, Complaints, Duty of Candour, Provider Sustainability
and Children & Families.  Full detail of these activities is included in Appendix
One.
5.4 Contracts - In partnership with colleagues from Corporate Procurement, the
Quality Assurance Team is responsible for procuring and contracting with a
wide variety of independent sector organisations who provide services to the
most vulnerable people living in our communities. A methodical and
systematic approach has been developed resulting in over 90% of services
purchased by social work now having an agreement in place ranging from
national framework arrangements to individual service agreements.
5.5 Contract Management - A key function of the Quality Assurance Team is to
ensure and evidence that effective, rigorous and consistent contract
monitoring processes are in place with organisations from whom social work
purchase services.  This is to provide good quality and up to date information
which will inform practice and strategic decision making in relation to the
commissioning, contracting and compliance arrangements in place. 
5.5.1 This approach provides evidence that each commissioned service is delivered
as specified to the terms and conditions of the contract, relevant quality
standards and provides value for money.
5.5.2 The Monitoring Prioritisation Assessment (MPA) is the key component of the
CMF. The MPA is the up-to-date position statement on the performance of
commissioned contractors. The MPA determines the monitoring status of
each commissioned service based on a tier system which consequently
determines the frequency of monitoring activity. The tiers range from Tier 1
(green) which relates to satisfactory performance and a monitoring frequency
of annually, in most cases, to Tier 4 (red) which indicates significant concerns
in relation to service delivery and a monitoring frequency of 1 to 4 weekly.
5.6  Regulatory Activity - During the COVID 19 pandemic, Care Inspection activity
was focused around one key quality question “How good is our care and
support during the Covid 19 pandemic?”. In late 2021, the focus slightly
changed to include the quality question “How well do we support people's
wellbeing?”. The inspections were predominately with Care Homes; however,

Page 3

3 
a few Self-Directed Support providers were also inspected generally in
response to complaints or increased notification activity to the Care
Inspectorate.
5.7 Provider sustainability - Since the start of the pandemic there have been
‘sustainability’ arrangements in place to ensure Social Care services/facilities
continued to operate in a financially secure and viable manner including
provision of payments when services couldn’t be delivered. The sustainability
principles were due to end in June 2021 but further extensions have been
applied. There remains a requirement to ensure that Social Care capacity is
sustained to achieve positive outcomes for clients, whilst also addressing the
overarching need to demonstrate value for money, streamline payment
arrangements and demonstrate the approach is fair, equitable and
transparent.
5.8 Procurement - A fundamental aspect of the role of Quality Assurance is
ensuring that the people North Lanarkshire Council (NLC) arranges support
for can be confident that support is provided legally, safely, with their interests
at the centre and that ensures Best Value for NLC. A key component of this
work is carried out with our colleagues in Corporate Procurement. The
collaboration with Corporate Procurement has enabled us to jointly pursue
further refinements to commissioning and procurement.
5.9 Children, Families and Justice - Quality Assurance monitors most Children’s
services where a contract status has been secured either on an Individual
Placement basis or as part of a Framework Agreement, generally through
Scotland Excel.
5.10 Complaints - Quality Assurance retains an overview role in terms of
complaints made about NLC Social Work service provision. Regular quarterly
reports on complaints activity are reported through our governance structures. 
7. IMPLICATIONS
7.1 NATIONAL OUTCOMES
We live in communities that are inclusive, empowered, resilient and safe
The Plan for North Lanarkshire
Priority: Improve North Lanarkshire's resource base 
Ambition Statement(s): (24) Review and design services around people,
communities, and shared resources. (25) Ensure intelligent use of data and
information to support fully evidence-based decision making and future planning
7.2 ASSOCIATED MEASURE(S)
None
7.3 FINANCIAL

Page 4

4 
There are no direct financial impacts in relation to this report.
This paper has been reviewed by Finance:
Yes   No  N/A x  
7.4 RISK ASSESSMENT/RISK MANAGEMENT 
Risks are identified and reported on via the relevant risk register.
7.5  PEOPLE
Residents across North Lanarkshire who access services, their families/carers and
the community, third and independent providers operating in North Lanarkshire and 
wider stakeholders with a link to North Lanarkshire 
7.6 INEQUALITIES & FAIRER SCOTLAND DUTY 
Fairer Scotland - As part of the council’s commitment to Fair Work and social work’s
drive to adopt an ethical commissioning approach, Fair Work practices have been
embedded in procurement processes to ensure contractors are paying the Scottish
Living Wage and are committed to providing community benefits.
Equality Impacts are considered as part of procurement and contract monitoring.
EQIA Completed & Fairer Scotland Impact Assessment Form Completed: 
Yes  No  N/A x 
8. BACKGROUND PAPERS
n/a
9. APPENDICES
Appendix One: Quality Assurance Annual Report 2021/22.   
CHIEF ACCOUNTABLE OFFICER (or Depute)  
Members seeking further information about any aspect of this report, please
contact the following: Maria Williamson: Senior Manager, Quality Assurance
WilliamsonM@northlan.gov.uk

Page 5

5 
Appendix 1  2021/22
Quality Assurance
Annual Report 2021/22

Page 6

6 
1. Introduction 
The role of Quality Assurance covers a range of functions across social work
by facilitating the delivery of high-quality services through effective business
planning, maintaining quality standards and quality monitoring information. 
The team support the development and/or maintenance of robust practices that
assist in achieving better outcomes for those who access services. Our cycle of
monitoring and review ensures services meet the strategic aims of both the
Council and the Health and Social Care Partnership.    Our commitment is to
provide an annual report on activity carried out in the preceding year. 
This report outlines activity over the period 1 April 21 to 31 March 22 and covers
Contracts & Contract Management, Regulatory Activity, Procurement,
Complaints, Duty of Candour, Provider Sustainability and Children & Families. 
2. Contracts
In partnership with colleagues from Corporate Procurement, the Quality
Assurance Team is responsible for procuring and contracting with a wide
variety of independent sector organisations who provide services to the most
vulnerable people living in our communities. A methodical and systematic
approach has been developed resulting in over 90% of services purchased by
social work now having an agreement in place ranging from national framework
arrangements to individual service agreements.
Tables 1a and 1b below illustrate graphically the extent of the work that has been
carried out in engaging with the independent sector in a proportionate and
balanced way to ensure service provision has a legal basis, is provided safely
and is of a high quality through our contracting arrangements.  As of 31 March
22, 93% of all social work spend had the provision of a formal contracting
arrangement, the remaining 7% will be reviewed and prioritised in the coming
year and contracts agreed as appropriate. 
Table 1a

Page 7

7 
Table 1b
3. Contract Management Framework (CMF)
A key function of the Quality Assurance Team is to ensure and evidence that
effective, rigorous and consistent contract monitoring processes are in place
with organisations from whom social work purchase services.  This is to provide
good quality and up to date information which will inform practice and strategic
decision making in relation to the commissioning, contracting and compliance
arrangements in place. 
This approach provides evidence that each commissioned service is delivered
as specified to the terms and conditions of the contract, relevant quality
standards and provides value for money. In addition, this approach moves the
emphasis of the Quality Assurance Team from a service improvement focus to
a contract management arrangement to enhance the principles of consistency,
efficiency and effectiveness at the heart of Best Value.
The CMF was developed to align with contract development and this process
will continue as contracts and procurement exercises change to reflect new
models of provision and procurement. It is a whole systems approach which
links commissioning, contracting, monitoring, reviewing and re/de-
commissioning. The CMF is a redesign of previous and existing monitoring

Page 8

8 
practice in parallel with the development of the Council’s digital systems to
securely exchange and make available information to improve decision making
at individual, practitioner and strategic level.
For individuals using commissioned services it supports them to:
 be confident their views are listened to, respected and used to influence
service quality. 
 be confident that their best interests/outcomes are at the heart of the
approach
 be able to make informed choice 
The Monitoring Prioritisation Assessment (MPA) is the key component of the
CMF. The MPA is the up-to-date position statement on the performance of
commissioned contractors. The MPA determines the monitoring status of each
commissioned service based on a tier system which consequently determines
the frequency of monitoring activity. The tiers range from Tier 1 (green) which
relates to satisfactory performance and a monitoring frequency of annually, in
most cases, to Tier 4 (red) which indicates significant concerns in relation to
service delivery and a monitoring frequency of 1 to 4 weekly. The processes of
monitoring and the accompanying reporting build a body of real time and
accessible information regarding the quality-of-service provision, its
performance and outcomes over the life of a contract/framework. 
Table 2 
STATUS INDICATED MONITORING LEVEL
Red Significant concerns in relation to
service performance, contract
compliance. 
TIER 4
Amber
(high)
Moderate concerns in relation to
service performance, contract
compliance 
TIER 3
Amber
(low)
Minor concerns identified in
relation to service performance
and contract compliance 
TIER 2
Green Service performance, contract
compliance and engagement are
satisfactory. 
TIER 1 
Each Tier suggests a minimum monitoring frequency (Table 3). The basis of
monitoring will be the commitments made by the contractor as part of their
contractual agreement with the Council including, but not limited to, Standard
Terms and Conditions, Data Protection Terms and Conditions, Special Terms
and Conditions, commitments made in relation to Fair Work Practices and
Community Benefits and relevant national standards.

Page 9

9 
Table 3
Tier 1 Contract monitoring visit frequency – annually in most cases. 
Tier 2 Contract monitoring visit frequency – variable, at least bi-annually but no more
than quarterly. 
Tier 3 Contract monitoring visit frequency – variable, at least quarterly but no more
than monthly. 
Tier 4 Contract monitoring visit frequency – 1 to 4 weekly. 
For the 2021/22 reporting period, monitoring activity was undertaken on 300+
contractor organisations. Despite a challenging environment in relation to the
pandemic response, 72% of contractors had a Tier 1 monitoring status, with Tier
2 at 16%, Tier 3 at 8% and only 3% of contractors at Tier 4 (as of 31 March 22)
indicating the value of having close and robust relationships with contractors.
Table 4 
4.  Regulatory Activity
During the COVID 19 pandemic, Care Inspection activity was focused around one key quality
question “How good is our care and support during the Covid 19 pandemic?”. In late 2021,
the focus slightly changed to include the quality question “How well do we support people's
wellbeing?”. The inspections were predominately with Care Homes; however, a few Self-
Directed Support providers were also inspected generally in response to complaints or
increased notification activity to the Care Inspectorate.
Care Homes in NL:
221
49
22
11
Contractors
Tier 1 Tier 2 Tier 3 Tier 4

Page 10

10 
22 Care Homes were inspected in relation to 1 or more quality indicators in the year to 31
March 22. Key question 7 – ‘How good is our care and support during the Covid 19
pandemic?’ was applied to all inspections. The remaining care homes will receive a fuller
inspection in 2022/23.
It is worth noting that 2 care homes were the subject of Large-Scale Investigations, under
Adult Support and Protection legislation, with significant support provided by the Care
Inspectorate and Senior Council Officers to address and improve quality improvement
measures. One of these care homes has subsequently closed with Care Inspection
registration being removed. 
Table 5 
Table 5 above illustrates the challenging environment care homes were operating in
during the pandemic with 14 of the 22 homes assessed as ‘Adequate’ for the category
relating to care and support during the pandemic.
Care Homes in Scotland (excluding NL):
North Lanarkshire Council currently has people placed within 141 care homes that are
located elsewhere in Scotland.  North Lanarkshire Council retains care management
responsibilities for the people living in out of authority care homes. The host authority
where the care home is located is responsible for care home contract monitoring, however,
not all 32 local authorities operate in the same way. The Quality Assurance Team receives
regular updates from host authority contacts in relation to out of authority care homes.
Table 6

Page 11

11 
Table 6 above illustrates the position noted in North Lanarkshire care home settings is
similar to the national picture of a sector struggling to meet the challenges posed by a
pandemic.  46 of the 83 care homes inspected were assessed as ‘Adequate’. 
The Quality Assurance Team have worked in close partnership with colleagues from NHS
Lanarkshire, the Care Inspectorate and the care homes themselves to support care homes
to pursue an improvement agenda. This has included:-
 Initially weekly meetings with Care Home Managers to provide a means of
communication, to discuss issues arising, for example the developing guidance
from the Scottish Government, and to seek solutions to local problems through
discussion. The meetings are now monthly.
 The Quality Assurance Team administered the Sustainability Payments Scheme for
the care home sector (See Section 5).
 A series of Collaborative Visits to care homes by Quality Assurance Senior Officers,
NHS Lanarkshire Care Home Liaison and Infection, Prevention and Control staff
took place to provide support and guidance to care home management and staff.
Self-Directed Support (SDS) including Care at Home:
Prior to the pandemic, the Care Inspectorate changed their quality inspection themes for
registered services. This was fully implemented for Care Homes and some self-directed
support contractors. However, 40 of these SDS contractors were still to be inspected using
the new themes as of 31 March 22. 
As previously mentioned, Care Inspection activity has been predominately focused on Care
Homes, however, there have been 10 inspections of SDS contractors because of increased
notifications to the Care Inspectorate.  There are also 10 SDS contractors that were still
awaiting an initial inspection as their services have been registered within the past 2 years.
Table 7

Page 12

12 
Table 7 above is primarily based on inspections carried out pre pandemic.
However, for the 10 services inspected under the pandemic regime the majority
were categorised as ‘Good’ or ‘Very Good’.  It is interesting to note, that despite
the inspections being because of notification to the Care Inspectorate, 6 out of
the 10 inspected were classed as good or very good. 
5. Provider sustainability
Since the start of the pandemic there have been ‘sustainability’ arrangements in
place to ensure Social Care services/facilities continued to operate in a
financially secure and viable manner including provision of payments when
services couldn’t be delivered. The sustainability principles were due to end in
June 2021 but further extensions have been applied. There remains a
requirement to ensure that Social Care capacity is sustained to achieve positive
outcomes for clients, whilst also addressing the overarching need to
demonstrate value for money, streamline payment arrangements and
demonstrate the approach is fair, equitable and transparent.
The payments to care homes for underoccupancy have been the biggest
proportion of the additional financial support provided through the principles. 
However, occupancy levels are increasing to pre pandemic levels except for
some homes that have been more significantly impacted by outbreaks. 
For other community-based activity and provision, there has been less of an
impact on service delivery, with most providers returning to normal (pre-
pandemic) delivery levels.
Table 8

Page 13

13 
6. Procurement
A fundamental aspect of the role of Quality Assurance is ensuring that the
people North Lanarkshire Council (NLC) arranges support for can be confident
that support is provided legally, safely, with their interests at the centre and that
ensures Best Value for NLC. A key component of this work is carried out with
our colleagues in Corporate Procurement. As mentioned above, in the 2021/22
reporting period, we have managed to expedite a significant number of
procurement exercises that have resulted in 93% of the spend on social care
services being covered by some form of formal agreement, ranging from large
scale contractual frameworks to individual agreements.
The collaboration with Corporate Procurement has enabled us to jointly pursue
further refinements to commissioning and procurement, none more so than the
internal procedure established for the Council’s lower threshold, but regulated,
procurement of various Health and Social Care contracts (value range £50-
£552k), which in conformance with the Procurement Reform Scotland Act 2014
and the Procurement (Scotland) Regulations 2016, permits the Council to
consider and award relevant contracts without the need for competition. This
has helped immensely in terms of efficiency at a time when there are significant
pressures on our resources. It’s also useful to note that Quality Assurance leads
on procurement for all social work services including those focussed on
children, families, justice services and adults. Table 9 describes a sample of
procurement activity undertaken. 
Table 9
Contract Comments and Benefits
Flexible Framework for Self-
Directed Support and Care at
Home Services
 £900M value, 10 years, will result in less frequent re-tenders
 follows the ‘Light Touch Regime’ / Regulation 74 of PCSR2015
 Annual entry and exit points for Contractors
 Secured an increase in the number of contracted providers,
improving the choice and control for supported people
PROVIDER SUMMARY
NCHC Care
Homes  Other Total
Total Number of Providers 28 45 73
Number in contact for
support 26 31 57
Providers Supported to
date 26 31 57

Page 14

14 
Direct Payment Support
Service
 £400k, 3 years, competitively tendered using new toolkit
 Improved specification and implemented tighter controls
supported by the new terms and conditions
Befriending Services  £360k, 3 years, competitively tendered using new toolkit
 Improved specification and tighter controls 
Advocacy Services  £1.8M, 3 years, competitively tendered using new toolkit
 Improved specification and tighter controls 
Mental Health Services  £3M, 3 years, competitively tendered using new toolkit
 Improved specification and tighter controls
Provision of Taxi Hire and
Private Hire Services to the
Council throughout North
Lanarkshire
 £3.2M, 4 years, competitively tendered using new toolkit
 Improved specification and tighter controls 
Flexible Framework for Non-
Traditional Respite
 £4M, 10-year agreement, will result in less frequent re-
tenders
 follows the ‘Light Touch Regime’ / Regulation 74 of PCSR2015
 Covers an existing gap within National ‘Respite’ Frameworks 
 Annual entry and exit points for Contractors
 Secured an increase in the number of contracted providers,
improving the choice and control for supported people 
Fair Work
The Scottish Government’s Fair Work First policy initiative focuses on
encouraging and supporting employers to create more diverse and inclusive
workplaces where workers have security of pay and contract, can develop and
utilise their skills and have an effective voice in the workplace. As part of the
council’s commitment to Fair Work and social work’s drive to adopt an ethical
commissioning approach, Fair Work practices have been embedded in
procurement processes to ensure contractors are paying the Scottish Living
Wage and are committed to providing community benefits. Potential contractors
have committed to provision of community benefits within their tenders, which
includes offering employment to people in the local community, youth training
and training for people from disadvantaged groups, traineeships and
apprenticeships, volunteering opportunities, supporting local supply chain and
local community resources. All contractors have indicated they are either
already accredited as or are willing to become Scottish Living Wage employers. 
Work is underway in determining how established contract monitoring
processes can incorporate Scottish Living Wage compliance and progress in
implementing community benefits commitments. 
7. Children, Families and Justice

Page 15

15 
Quality Assurance monitors most Children’s services where a contract status
has been secured either on an Individual Placement basis or as part of a
Framework Agreement, generally through Scotland Excel. Quality Assurance
has supported Justice Services with Scottish Government funding to secure
services to support rehabilitation. 
Over the reporting period, links have been established with our colleagues in
HQ within Education and Families to ensure that we monitor contracts with
external service providers and incrementally develop and apply a quality
assured approach. 
Links are well established with Scotland Excel where their Frameworks
Agreements have been effective in ensuring optimum service delivery, under
difficult financial pressures.  
Improvements are required to be made in respect of joint working with the
council to ensure Children and YP placements are conveyed to the appropriate
teams. Quality Assurance will continue to work with each locality to ensure this
information is shared. 
8. Complaints
Quality Assurance retains an overview role in terms of complaints made about
NLC Social Work service provision. Regular quarterly reports on complaints
activity are reported through our governance structures. 
The detail below provides an annual summary and analysis of complaints
received over the period 2021/22.
 Overall, 123 complaints were made in the reporting period, a decrease of
21% from 2020/21. 41% were Children and Families complaints, 59% were
Adult Social Work/Community Care complaints.  
 76% of Children and Families complaints were handled at Stage 1, 24% at
Stage 2.  
 21% of Stage 1 complaints failed to meet target timeframes for closure.  
Average time for closing Stage 1 complaints was 5.3 days.  
 17% of Stage 2 complaints failed to meet target timeframe for closure,
Stage 2 average was 17.3 days.  
 79% of Adult/Community Care complaints were handled at Stage 1, 21%
at Stage 2. 
 21% of Stage 1 complaints failed to meet target timeframe for closure. 
Average time for closing Stage 1 complaints was 5.5 days.  
 7% of Stage 2 complaints failed to meet target timeframe for closure,
Stage 2 average was 15 days.  
Overall, there was a slight improvement on performance levels from the
previous reporting period.  The complexity of the issues at hand, new
processes, GDPR, staffing, IT systems and very tight time frames for resolution
were some of the contributory factors for failure to close all complaints within
the stipulated timescale.

Page 16

16 
Table 10 highlights the cause of complaints about NLC Social Work throughout
the reporting period.  
 30% of all adult service complaints related to quality of the service, a
further 27% were in respect to conduct of staff members. 
 32% of all children, families and justice complaints related to quality of
service, whereas 26% were in respect to conduct of staff members.  
Table 10
A significant number of complaints did not comment on expected learning
outcomes and/or service improvements expected, therefore suggesting that
there were no further actions to be considered. Comments that we did receive,
in relation to learning outcomes, included improved communication, recording
and staff training.   To ensure compliance, further training related to complaint
handling will be rolled out over the coming year. This will promote competency
by enabling all staff managing complaints to comply with the process and
capture learning and/or service improvement. 
Within the reporting period, eight social work complaints were sent to the
Scottish Public Services Ombudsman for consideration, none of which were
upheld. Those that were investigated found that the Council had acted
reasonably.   
Duty of Candour
The Organisational Duty of Candour is a statutory duty on Scottish
organisations providing health and social care to be open and honest when
something goes wrong that is not related to the course of the condition for
which the person is receiving care. An annual report capturing Duty of Candour
activity is a requirement of the Council. Appendix 1 provides a report for
2021/22.
9. To conclude
16
13
8
6
5
2
22
20
12
9
9
2
0 5 10 15 20 25
Quality of Service
Conduct of staff members
Dealt unfairly or wrong
Didn't provide a service on time
Didn't provide a service
Unhappy with policy/procedure
Complaint Cause
Adults CFJ

Page 17

17 
The Covid pandemic challenged all services both in-house and commissioned
to a degree not experienced before. Despite this, the Quality Assurance Team
have been part of several developments, which have improved the operation of
the social work service and the performance of independent social care
contractors including:-
 Procurement processes refined
 Newsletter established for staff
 Senior Officer links to Locality teams
 Senior Officer link to Adult Support and Protection activity
 Business Continuity
 Sustainability payments
 Individual PA process
 RaciQ developed for procurement process
 Contract Monitoring Framework
 Collaborative work with NHS Lanarkshire, Care Inspectorate, Scottish
Care
 Carer Developments, Partnership Agreement
 Complaint sprint
 Operational Risk Register
 Involvement in LSIs 
 Council Website
 Data Governance, FOIs/SARs and guidance
 Development of market facilitation plan
Planned developments for 2022/23 include:-
 Further development of market facilitation plan
 Further development of participation and engagement strategy
 Plan for in-house service monitoring
 Commercial pipeline refinement
 Contract Management Framework development
 HSCP website
This report has covered Quality Assurance activity undertaken during the period
1 April 21 to 31 March 22.  The pandemic has had a significant impact on the
sector and over the coming year several developments to support and provide
assurance will continue.  It is expected that future annual reports will continue
to update on Quality Assurance measures implemented across the service.

Page 18

18 
Appendix 1
North Lanarkshire Health and Social Care Partnership Duty of Candour Report:  2021/2022 
Introduction
North Lanarkshire Health and Social Care Partnership recognises that when adverse
events occur during the provision of treatment or care, openness and transparency is
fundamental. The duty of candour arrangements, which we have implemented reflect the
Scottish Government’s commitment to place people at the heart of health and social care
services in Scotland. When harm occurs the focus must be on personal contact with those
affected; support, and a process of review and action that is meaningful and informed by
the principles of learning and continuous improvement.
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 was implemented on 1st
April 2018 placing an organisational duty (Duty of Candour) on health, care, and social work
services to be open and honest with people in their care.   
The overall purpose of this duty is to ensure organisations are open, honest, and supportive
when there is an unexpected or unintended incident resulting in death or harm as defined
in the Act. All health and social care services in Scotland have a duty of candour, a legal
requirement which means that when things go wrong and mistakes happen, the people
affected understand what has happened, receive an apology, and that organisations learn
how to improve for the future. 
A key part of this duty is that Health and Social Care publish an annual report about the
duty of candour in our services.  This short report describes how the services we
commission, and our own services have operated the duty of candour during the time
between 1 April 2021 and 31 March 2022.   
Information about policies and procedures

Page 19

19 
All social care organisations have a Duty of Candour policy.  All staff who are employed in
the sector should be aware that all instances that necessitate implementation of Duty of
Candour must immediately be reported.   In such instances, a manager will then take the
appropriate action, ensuring relevant bodies [depending on the sector] such as Social Work
and Care Inspectorate are notified of the event. Where an incident occurs that triggers the
duty of candour, managers have responsibility for ensuring that the duty of candour
procedure is followed.   Information on Duty of Candour and reportable incidents is
described in detail within Appendix 1.   
82 commissioned organisations were asked to provide information in relation to Duty of
Candour activity in the reporting period.  Of the 37 [45%] that responded, there were five
reported incidents.   All North Lanarkshire Council social work in-house services - home
support, integrated day services, locality support services and children services were also
asked to provide information.  There were no Duty of Candour incidents reported from any
of the council provided services.   Duty of Candour incidents are an integral part of our
contract management quarterly monitoring returns.     
How many incidents happened to which the duty of candour applies? 
In the reporting period, five incidents have been reported to which the duty of candour
applied, one in relation to maladministration of medication, and four where a person fell
and sustained physical harm.   All incidents reported were from either care at home support
or care home services. No Duty of Candour incidents were reported by North Lanarkshire
Council in-house social work services.   
Details of incidents where Duty of Candour applied 
Nature of incident: Incorrect medication was administered to a service user, resulting in
admission to Accident and Emergency. No permanent harm occurred. All procedures set
down in Duty of Candour policy were followed – incident was fully investigated and
reported. Procedures and training have been revised as a result.   
Nature of incident:  Person fell and fractured hip – Duty of Candour criteria – The structure
of someone’s body changes because of harm.  All procedures set down in Duty of Candour
policy were followed – incident was fully investigated and reported.  A Duty of Candour
meeting was called, the person’s family were invited, but did not wish to attend meeting.
Nature of incident:  Person fell and fractured hip (R) – Duty of Candour criteria – The
structure of someone’s body changes because of harm. All procedures set down in Duty of
Candour policy were followed – incident was fully investigated and reported.   A Duty of
Candour meeting was called, the person’s family were invited, but did not wish to attend
meeting.
Nature of incident:  Person fell and fractured hip (L) – Duty of Candour criteria – The
structure of someone’s body changes because of harm. All procedures set down in Duty of
Candour policy were followed – incident was fully investigated and reported.   A Duty of

Page 20

20 
Candour meeting was called, the person’s family were invited, but did not wish to attend
meeting.
Nature of incident:  Person fell – sustained a laceration to the head – Duty of Candour
criteria – The structure of someone’s body changes because of harm. All procedures set
down in Duty of Candour policy were followed – incident was fully investigated and
reported.   A Duty of Candour meeting was called, the person’s family were invited, but
did not wish to attend meeting.
Conclusion
There were no Duty of Candour incidents from in-house social work services within the
reporting period and only five from care home and care at home services, none of which
had lasting consequences for the person to whom the duty applied.   Appropriate actions
were taken, lessons were learned, procedures and training were revised, and where
applicable, families were informed, and were invited to meet to discuss in more detail.  If
in the future, if any incidents occur that invoke Duty of Candour proceedings, there will be
a review process to identify any lessons learned and the result of any such review will be
shared with the relevant person/persons.   This approach will minimise the impact on the
organisation and the vulnerable people we strive to support.   
Appendix A – Definition of Harm and appropriate level of response 
Grading of
Harm
Definition of Harm  Level of Response
No harm,
incident
prevented
Any service user safety incident that had the
potential to cause harm but was prevented.
These incidents are outside of the scope
of the duty of candour.  Social work
professionals may however feel it is
appropriate to inform the person
involved if it is in their best interest.
No harm,
incident not
prevented
Any service user safety incident that occurred
but no harm was caused to the person
involved.
These incidents are outside of the scope
of the duty of candour policy. Being open
in a discussion between staff involved

Page 21

21 
and the service user and their family is
usually undertaken locally.
Low Harm Any service user safety incident that led to the
extra observation or minor treatment such as
first aid or additional medication for the person
involved.
These incidents are outside of the scope
of the duty of candour policy. Being open
in a discussion between staff involved
and the service user and their family is
usually undertaken locally.
Moderate
Harm
A level of harm that is not permanent but 
has led to a moderate increase in 
treatment or prolonged psychological harm 
of more than 28 days. 
For example, a return to theatre, an unplanned
readmission to hospital, 
unexpected admission to critical care, a prolonged
hospital stay or additional out service user visits.
Duty of candour is a statutory
requirement.   Notification should be
given to the person affected or their
representative in person including an
explanation of the incident, the process
for investigation and an apology. This will
be followed up in writing and on
conclusion of the investigation the
findings and outcome will be available to
the service user of their representative.
Serious Harm Any service user safety incident that has
resulted in permanent harm that is directly
related to the incident and not the natural
course of an illness or the underlying condition
of the person affected. Examples of severe
harm are permanent lessening of bodily
functions, sensory, motor, physiological or
intellectual function, removal of the wrong
organ or limb or brain damage.
Duty of candour is a statutory
requirement – see above.
Death Any service user safety incident that directly
resulted in the death of a person and is not
related to their illness or underlying condition.
Duty of candour is a statutory
requirement – see above. 
Appendix B
Organisations who provided a response: 
Aspire
Invercare
Love
Crossreach
Keane Premier Support Services
Beechwood Care Home
Support for Ordinary Living

Page 22

22 
Quarriers
PHEW
Care One Professional
Leonard Cheshire
HK Care
Angels
Key Housing
Local Lanarkshire Care
Partners in Play
All New Beginnings
Lanarkshire Association for Mental Health
Thera Care
Wheatley Care
The Richmond Fellowship Scotland
HRM
Potential Living
Capability Scotland
Cornerstone
Care Solutions
Lanarkshire Care Partners
Inclusion Scotland
C-Change
Scottish Autism
Cera Care
Turning Point Scotland
Potential Living
Enable Scotland
Enhance Supported Living Services
Lochside Manor
Deanston Care Home