Staff Workshop National Health Service - PowerPoint Presentation

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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

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Whistleblowing

Definition of whistleblowing

:

The act of reporting a concern about a risk, danger or wrongdoing in an

organisationOften called ‘blowing the whistle’ or formally known as ‘making a disclosure in the public interest’

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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

’

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Media Cases

There have been a number of high profile cases much more recently, including:

Harold Shipman murders

Mid Staffordshire NHS Foundation Trust

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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

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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 thisThe Speak Up Helpline and Website are provided by Social Enterprise Direct Ltd on behalf of the Department of Health

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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

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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.

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vs

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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

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Types of Concern

Physical or emotional abuse

Bullying

Theft, fraud or briberyAbuse of power, position or authority

Failure to treat people with dignityFinancial mismanagementWorker must disclose facts – not just

opinions

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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

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Who is Protected

?

Employees

Agency workersPeople that are training with an employer, but not employed

From 6 April 2015 the list was extended to include:Student nurses

Student midwives

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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

.

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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

?

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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

.

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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 codesTerms and conditions of serviceNHS constitution

Safeguarding Policies

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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

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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

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