Understanding Whistleblowing in National Health Service

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Staff Workshop
 
National Health Service
 
Overview
 
What is whistleblowing?
Know how to raise concerns appropriately and in line with legal
requirements
Know where to go for help and support
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
2
 
Whistleblowing
 
Definition of whistleblowing:
The act of reporting a concern about a risk, danger or
wrongdoing in an organisation
Often called ‘blowing the whistle’ or formally known as ‘making a
disclosure in the public interest’
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
3
 
Background
 
Whistleblowing legislation arose out of a spate of scandals and
disasters in the 1980s and early 1990s.
Inquiries found that workers had been aware of the danger but too
scared to raise the alarm or had done so in the wrong way.
High profile examples included:
Clapham Rail disaster – an inspector didn’t want to ‘rock the boat’
Zeebrugge Ferry tragedy – staff concerns ignored by
management
Collapse of Barings Bank – an inquiry found nobody ‘dared to
speak up’
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
4
 
Media Cases
 
There have been a number of high profile cases much more
recently, including:
Harold Shipman murders
Mid Staffordshire NHS Foundation Trust
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
5
 
Whistleblowing
 
Do you have a whistleblowing policy?
Do you know where to find it?
What do you think it might feel like to be a whistleblower?
Why is it hard to raise a concern?
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
6
 
Legislation
 
The Public Interest Disclosure Act 1998 (PIDA) is the key piece of
whistleblowing legislation
Workers can make a claim to an Employment Tribunal if they are
treated badly or dismissed.
There is no need to have the normal qualifying service to do this
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
1
 
Raising a
Concern
 
To gain protection  a worker who makes a disclosure must
believe two things:
That they are acting in the public interest (2013)
That they reasonably believe the disclosure tends to show past,
present or likely future wrongdoing. The information being
disclosed must be of the right type- ‘qualifying disclosure
The concern must also be raised in the correct way
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
1
 
Grievance vs
Disclosure
 
Grievance
Tends to be a issue about
employment rights. The
person wishes to complain
about their treatment.
They have a personal
interest in ensuring the
issue is addressed.
 
Protected
Disclosure
Tends to be about
malpractice or serious
wrongdoing such as
dangerous or criminal
activity which affect
others.
 
9
 
vs
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
Protection
 
What type of information will qualify for protection?
A criminal offence
The breach of a legal obligation
A miscarriage of justice
A danger to the health and safety of any individual
Damage to the environment
Deliberate attempt to conceal any of the above
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
10
 
Types of
Concern
 
Physical or emotional abuse
Bullying
Theft, fraud or bribery
Abuse of power, position or authority
Failure to treat people with dignity
Financial mismanagement
Worker must disclose facts – not just opinions
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
11
 
The Right Way
 
Read your policy
Can you raise your concern informally?
Find out who you should raise your concerns with
Be specific about dates and times
Keep a note of raising your concerns, perhaps by an email afterwards
stating you are raising concerns in line with PIDA. Keep a record of dates
of meetings and what was discussed
If you do not get a satisfactory response, escalate your concern
If nothing is being done internally, you can go to the regulator – you
should believe your information is substantially true (suspicion is not
enough)
Take advice if you consider wider disclosures such as the police or the
media
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
12
 
Who is
Protected?
 
Employees
Agency workers
People that are training with an employer, but not employed
From 6 April 2015 the list was extended to include:
Student nurses
Student midwives
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
13
 
Confidentiality
 
Often issues can be raised in confidence but may be made public
(eg during legal, disciplinary or police investigations).
Organisations should make every effort to keep identity a secret.
Organisations should be clear about their position on anonymous
reporting. This can also be difficult to investigate.
Whistleblowers should be careful with confidential patient
information if reporting outside their team or organisation and
should not breach their professional code of practice.
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
14
 
What Would
You Do?
 
A new support worker on her first nightshift hears an elderly
service user with dementia cry out when a worker goes over to
them to tell them off for making a noise. She is not absolutely
sure what happened but wants to discuss it with her manager.
Is this a whistleblowing concern?
You are the new support worker. What action would you take?
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
15
 
Bullying &
Harassment
 
Employers can also be liable for the acts of co-workers who
victimise or harass whistleblowers (unless the employer can prove
they have taken reasonable steps to prevent this)
Co-workers are personally liable if they subject a worker to bad
treatment or victimisation because they have made a protected
disclosure.
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
16
 
Employee
Duties
 
PIDA does not obligate employees  to raise concerns, however
health and social care professionals will have a duty under their
professional body
The Statutory Duty of Candour –The Government has introduced
an explicit Duty of Candour as a CQC registration requirement –
placed on organisations. No candour-related offences on
individuals-strengthened codes
Terms and conditions of service
NHS constitution
Safeguarding Policies
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
17
 
Advice &
Support
 
Telephone and email advice, signposting, support and
guidance for the Health and Social Care Sector.
Website – tools, documents, guidance, updates:
www.speakup.direct
Raising Awareness – networking, campaigns, events
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
18
 
Other useful links:
Trade Unions
ACAS – employment advice
www.gov.uk/whistleblowing
 
PCaW – charity
Professional Bodies
e.g. Nursing & Midwifery Council
Regulators – e.g CQC, Ofsted, FSA etc
 
Further
Information
 
www.hee.nhs.uk/our-work/hospitals-primary-community-
care/learning-be-safer/raising-responding-concerns-
whistleblowing
www.speakup.direct
 
The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health
 
19
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Whistleblowing in the National Health Service involves reporting concerns about risks, dangers, or wrongdoings within the organization. The act of whistleblowing is essential for public interest and legal compliance. Learn about the definition, legislation, and challenges faced by whistleblowers in this informative content provided by the Speak Up Helpline and Website. Explore real cases, the history of whistleblowing legislation, and the importance of having a whistleblowing policy in place.


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  1. Staff Workshop National Health Service

  2. Overview What is whistleblowing? Know how to raise concerns appropriately and in line with legal requirements Know where to go for help and support 2 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  3. Whistleblowing Definition of whistleblowing: The act of reporting a concern about a risk, danger or wrongdoing in an organisation Often called blowing the whistle or formally known as making a disclosure in the public interest 3 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  4. Whistleblowing legislation arose out of a spate of scandals and disasters in the 1980s and early 1990s. Background Inquiries found that workers had been aware of the danger but too scared to raise the alarm or had done so in the wrong way. High profile examples included: Clapham Rail disaster an inspector didn t want to rock the boat Zeebrugge Ferry tragedy staff concerns ignored by management Collapse of Barings Bank an inquiry found nobody dared to speak up 4 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  5. Media Cases There have been a number of high profile cases much more recently, including: Harold Shipman murders Mid Staffordshire NHS Foundation Trust 5 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  6. Whistleblowing Do you have a whistleblowing policy? Do you know where to find it? What do you think it might feel like to be a whistleblower? Why is it hard to raise a concern? 6 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  7. Legislation The Public Interest Disclosure Act 1998 (PIDA) is the key piece of whistleblowing legislation Workers can make a claim to an Employment Tribunal if they are treated badly or dismissed. There is no need to have the normal qualifying service to do this 1 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  8. Raising a Concern To gain protection a worker who makes a disclosure must believe two things: That they are acting in the public interest (2013) That they reasonably believe the disclosure tends to show past, present or likely future wrongdoing. The information being disclosed must be of the right type- qualifying disclosure The concern must also be raised in the correct way 1 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  9. Grievance vs Disclosure Grievance Protected Disclosure Tends to be a issue about employment rights. The person wishes to complain about their treatment. They have a personal interest in ensuring the issue is addressed. Tends to be about malpractice or serious wrongdoing such as dangerous or criminal activity which affect others. vs 9 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  10. Protection What type of information will qualify for protection? A criminal offence The breach of a legal obligation A miscarriage of justice A danger to the health and safety of any individual Damage to the environment Deliberate attempt to conceal any of the above 10 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  11. Types of Concern Physical or emotional abuse Bullying Theft, fraud or bribery Abuse of power, position or authority Failure to treat people with dignity Financial mismanagement Worker must disclose facts not just opinions 11 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  12. Read your policy The Right Way Can you raise your concern informally? Find out who you should raise your concerns with Be specific about dates and times Keep a note of raising your concerns, perhaps by an email afterwards stating you are raising concerns in line with PIDA. Keep a record of dates of meetings and what was discussed If you do not get a satisfactory response, escalate your concern If nothing is being done internally, you can go to the regulator you should believe your information is substantially true (suspicion is not enough) Take advice if you consider wider disclosures such as the police or the media 12 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  13. Who is Protected? Employees Agency workers People that are training with an employer, but not employed From 6 April 2015 the list was extended to include: Student nurses Student midwives 13 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  14. Confidentiality Often issues can be raised in confidence but may be made public (eg during legal, disciplinary or police investigations). Organisations should make every effort to keep identity a secret. Organisations should be clear about their position on anonymous reporting. This can also be difficult to investigate. Whistleblowers should be careful with confidential patient information if reporting outside their team or organisation and should not breach their professional code of practice. 14 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  15. What Would You Do? A new support worker on her first nightshift hears an elderly service user with dementia cry out when a worker goes over to them to tell them off for making a noise. She is not absolutely sure what happened but wants to discuss it with her manager. Is this a whistleblowing concern? You are the new support worker. What action would you take? 15 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  16. Bullying & Harassment Employers can also be liable for the acts of co-workers who victimise or harass whistleblowers (unless the employer can prove they have taken reasonable steps to prevent this) Co-workers are personally liable if they subject a worker to bad treatment or victimisation because they have made a protected disclosure. 16 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  17. Employee Duties PIDA does not obligate employees to raise concerns, however health and social care professionals will have a duty under their professional body The Statutory Duty of Candour The Government has introduced an explicit Duty of Candour as a CQC registration requirement placed on organisations. No candour-related offences on individuals-strengthened codes Terms and conditions of service NHS constitution Safeguarding Policies 17 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  18. Advice & Support Telephone and email advice, signposting, support and guidance for the Health and Social Care Sector. Website tools, documents, guidance, updates: www.speakup.direct Raising Awareness networking, campaigns, events Other useful links: PCaW charity Trade Unions Professional Bodies e.g. Nursing & Midwifery Council ACAS employment advice Regulators e.g CQC, Ofsted, FSA etc www.gov.uk/whistleblowing 18 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

  19. Further Information www.hee.nhs.uk/our-work/hospitals-primary-community- care/learning-be-safer/raising-responding-concerns- whistleblowing www.speakup.direct 19 The Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

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