Duty of Candour: What it is and what it could mean?
CRJ’s Advisory Panel member Amanda Coleman looks at the newly introduced Hillsborough Law, highlighting its roots in past public inquiry failures and the implications of it for public authorities and communicators, in her latest blog for Under Pressure.
Image by Freepik.
After a number of delays the Public Office (Accountability) Bill was introduced to Parliament this week. It will be known as the Hillsborough Law and has been discussed a lot since it was announced as part of the government’s priorities last year. Many have said it should not be necessary, but after challenges highlighted in many public enquiries, it was clear something was needed. I pay tribute to the families who have relentlessly pursued this as an important legacy.
What does it mean? In the introduction to the bill, it sums it up as a bill to: “Impose a duty on public authorities and public officials to act with candour, transparency and frankness; to make provision for the enforcement of that duty in their dealings with inquiries and investigations; to require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority; to create an offence in relation to public authorities and public officials who mislead the public; to create further offences in relation to the misconduct of persons who hold public office and to abolish the common law offence of misconduct in public office; to make provision enabling persons to participate at inquiries and investigations where the conduct of public authorities may be in issue; and for connected purposes.”
The concept of a duty of candour has existed for many years in health services, but with a number of high-profile incidents, there are clearly weaknesses. From a communication perspective, it is hard to accept that public officials would deliberately ‘mislead the public’, but it does happen, and it can be with or without our knowledge. If, as communicators, we are not being given the full picture, we can be failing to meet the duty of candour, we can potentially mislead, and we can be part of the problem.
When this becomes law, I would urge every communicator working with public authorities to ensure they challenge and do not carry out actions they are uncomfortable with. It is not easy, as sometimes the challenge could mean the end of your employment. However, any communicator who does stand up needs the full support of the profession and hopefully the law.
So, what do we do now? I would ensure you watch the progress of the bill through Parliament and understand if it gets amended and what that means. I am working on a blog to highlight the key points which I will share on my Amandacomms blog here. (However, due to the detail, this is likely to be over the weekend). Moreover, start to have discussions with your senior leaders about what it is and what it means; look at the information and communication you are being asked to share or develop now and check whether it would be duty of candour compliant. Are you missing vital pieces of information? Are you being less than transparent? Is the communication grasping the thorn of the problem you are experiencing?
I really hope that the Hillsborough Law does have a positive effect on the way public authorities operate. Moreover, be aware that the bill also highlights those who provide consultancy support to public bodies; they are also covered by the law and the potential for criminal action. This is the time where communicators can really be part of the solution, get it right, be open and challenge where necessary.
Read the full article here.