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Duty of Candour - Annual Report 2024-25 ECSPB

Renfrewshire Council · 15 May 2025
Back to Education and Children's Services Policy Board — 15 May 2025 and its agenda

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To:  Education and Children’s Services Policy Board
On: 15 May 2025
___________________________________________________________________ 
Report by:  Director of Children’s Services
___________________________________________________________________ 
Heading:  Duty of Candour – Annual Report 2024-25 
___________________________________________________________________
1. Summary
1.1 All local authorities are required by the Health (Tobacco, Nicotine etc. and
Care) (Scotland) Act 2016 and related Regulations local authorities to have a
Duty of Candour Policy in place.  The Duty of Candour Policy ensures that
local authorities are open, honest, and supportive where there is an
unexpected or unintended incident resulting in harm or death to an individual
using services which are registered with the Care Inspectorate or delivered by
social work services. 
1.2 Within Renfrewshire Children’s Services, the Duty of Candour extends to
those services which are registered with and regulated by the Care
Inspectorate and locality social work services.  Therefore, the local authority
internal provision of early learning and child-care services, children’s
residential houses, the registered services in fostering and adoption services,
the registered throughcare service and the locality social work services are
required to report under the Duty of Candour. 
1.3 Each local authority is required to publish an annual report on the Duty of
Candour.  The annual report sets out details on the number of incidents or
events where the duty of candour is triggered, how the policy was followed in
these incidents and any learning from the incidents.  Local authorities are
required to publish an annual duty of candour report even if there have been
no adverse events which triggered the reporting.  
1.4 The Renfrewshire annual report for 2024-5 is attached at appendix 1 for
information.
___________________________________________________________________
2. Recommendations
2.1 It is recommended that the Education and Children’s Services Policy Board:

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[a] note that the annual duty of candour report for the period April 2024 to
March 2025; and
[b] note that there were no adverse incidents which constituted a duty of
candour response during the period April 2025 to March 2025.
___________________________________________________________________
3. Background
3.1 Care services registered with the Care Inspectorate and social work services
in localities are covered by legislation in respect of the duty of candour.  This
duty is defined in the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act
2016 and related Regulations.  In children’s services the following areas are
required to report incidents under duty of candour:
• early learning and childcare services (including these services based in
schools);
• residential children’s houses;
• fostering and adoption service;
• throughcare service; and
• social work locality services in children and justice. 
3.2 The Duty of Candour provisions set out a range of actions that need to happen
when unexpected or unintended harm has occurred to someone using the
services detailed in paragraph 3.1.  The duty of candour policy indicates how
the local authority should respond to such incidents in an open and transparent
manner.  It includes the process for making an “apology”, a statement of
sorrow or regret in respect of the unintended or unexpected incident.  
3.3 The unexpected incidents which are required to be reported under duty of
candour include where someone using the service has died in the service, has
sustained an injury which results in the permanent loss of bodily, sensory,
motor, physiologic or intellectual functioning or these functions have been
impaired for a period of more than 28 days.
3.4 Each local authority as an organisation is identified as a “responsible person”
in terms of the legislation.  Within Renfrewshire the “responsible person”
function is discharged jointly by the Head of Education and the Head of
Children and Justice Social Work. 
3.5 The local authority is required to publish a report on the duty of candour as it
applies to their services on an annual basis.  The annual report should include
information on the number of incidents raised under duty of candour and the
learning from these as well as information on apologies issued.  Local
authorities are required to publish a “null” annual report if there have been no
reported incidents under the duty of candour. 
3.6 There have been no reportable incidents in Renfrewshire Children’s Services
in the period April 2024 to March 2025.  As such the annual report (attached
at appendix 1 is a “null” report.
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Implications of this report 
1.  Financial 
None. 
2.  HR and Organisational Development 
None. 
3. Community/Council Planning 
None 
4.  Legal 
The publication of the duty of candour annual report satisfies the duties of
the local authority under the Health (Tobacco, Nicotine etc. and Care)
(Scotland) Act 2016. 
5.  Property/Assets 
None. 
6.  Information Technology 
None. 
7.  Equality and Human Rights 
The Recommendations contained within this report have been assessed in
relation to their impact on equalities and human rights. No negative impacts
on equality groups or potential for infringement of individuals’ human rights
have been identified arising from the recommendations contained in the
report. 
8. Health and Safety 
Children’s Services operates to ensure that our establishments and services
are compliant with health and safety procedures and legislation.  The
publication of the annual duty of candour report contributes to compliance. 
9.  Procurement 
None. 
10. Risk 
Risks related to the delivery and management of services are regularly
monitored and included in Renfrewshire Council’s Corporate and Strategic
Risk Registers.

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11. Privacy Impact 
None. 
12.  Climate Risk 
None. 
13. Children’s Rights  
None. 
14. Cosla Policy Position 
None.     
List of Background Papers 
___________________________________________________________________
Children’s Services
JT/KO 10042025 
Author: John Trainer, Head of Children and Justice Social Work
0300 300 0277
john.trainer@renfrewshire.gov.uk

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Appendix 1 
Renfrewshire Council - Children’s Services 
Duty of Candour Report 1 April 2024 – 31 March 2025 
Within Scotland all health and social care services have a duty of candour as a
legislative duty.  The legislative duty is embedded in the Health (Tobacco, Nicotine
etc. and Care) (Scotland) Act 2016.  The legislation places a legal requirement on
care services to ensure 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. 
The legislation requires all care providers to discharge an important part of the duty
by publishing on an annual basis a report about duty of candour incidents in their
services. This short report describes how our care service has operated the duty of
candour during the time between 1 April 2024 and 31 March 2025. We hope you find
this report useful. 
Renfrewshire Council Children’s Services directly provides a number of services
which are registered with the Care Inspectorate children which are covered by the
Duty of Candour.  These services are:
• early learning and childcare;
• residential children’s houses:
• fostering and adoption service;
• throughcare service; and
• social work locality services in children and justice. 
Renfrewshire Council Children’s Services operates 15 early learning and childcare
centres and 22 early learning and childcare classes which are all registered with and
regulated by the Care Inspectorate. 
Renfrewshire Council Children’s Services operates 4 children’s houses which are
registered with and regulated by the Care Inspectorate. 
Renfrewshire’s fostering and adoption service and throughcare service are
registered and regulated by the Care Inspectorate. 
Renfrewshire’s throughcare service is registered and regulated by the Care
Inspectorate. 
All services which are registered and regulated are required to report any adverse
incident which triggers a duty of candour response to the Care Inspectorate. 
Whilst locality social work services are not registered or regulated by the Care
Inspectorate, they are covered by the duty of candour actions under the Health
(Tobacco, Nicotine etc. and Care) (Scotland) Act 2016. 
1. How many incidents happened to which the duty of candour applies? 
In the period 1 April 2024 to 31 March 2025:
• there have been no incidents to which the duty of candour applied in any of
the early learning and childcare services

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• there have been no incidents to which the duty of candour applied in any of
our children’s houses
• there have been no incidents to which the duty of candour applied in the
fostering and adoption service
• there have been no incidents to which the duty of candour applied in the
through care service
• there have been no incidents to which the duty of candour applied in any of
the social work locality teams. 
2. Information about our policies and procedures 
Children’s Services has a duty of candour policy which was reviewed in December
2023 and no amendments were required to be made to the policy.  The policy details
that where something has happened that triggers the duty of candour, our staff
report this to their manager who has responsibility for ensuring that the duty of
candour procedure is followed.   
When a member of staff raises a concern under the duty of candour, the manager
records the incident and reports as necessary to the Care Inspectorate.  When an
incident has happened, the manager and staff set up a learning review.   This allows
everyone involved to review what happened and identify changes for the future. 
Where a duty of candour report is required for an individual event, the local manager
reports this to the Head of Education Service for early years services and the Head
of Children and Justice Social Work for our children’s houses, fostering and adoption
services, throughcare services and locality social work services. 
As the duty of candour policy was reviewed in December 2023, the next review will
be undertaken before the end of December 2026. 
The service will ensure all managers in relevant services have completed the duty of
candour training before the end of March 2026. 
Emma Henry       John Trainer    
Head of Education Head of Children and Justice
Social Work/Chief Social Work
Officer