12 July 2010
The independent whistle-blowing charity; Public Concern at Work has produced guidance on behalf of the NHS Social Partnership Forum, which includes the Department of Health (“the Department”), entitled “How to implement and review whistle-blowing arrangements for your organisation”.
Contents
The guidance is aimed at Trusts
and other NHS organisations wishing to implement, or review,
current whistle-blowing procedures and policies. The foreword
emphasises that policies should be reviewed and that a culture
where staff have the confidence to approach their employer about
concerns is to be encouraged.
It sets out what is expected of NHS boards and their executives, as well as outlining the support that can be expected from the Department in whistle-blowing cases. It suggests what is “best practice” and provides a checklist for existing whistle-blowing policies, as well providing a model template for those wishing to replace existing policies altogether. A section is entitled “Handling whistle-blowing: practical tips for managers” and another chapter suggests how to “health-check” current procedures. Case studies are used in order to exemplify good and bad practice and a “quick reference guide for staff” provides a summary of rights and responsibilities. Model letters to staff on whistle-blowing and a summary of additional resources are also in the Guide.
Why was the Guidance
commissioned?
Extensive inquiries into the baby heart
unit at Bristol Royal Infirmary and into the extraordinary
behaviour of the GP Dr Harold Shipman have raised questions about
the protection provided to whistle-blowers within the NHS. Recent
concerns and focus as to the quality of services also bring this to
the forefront.
It is noted that:
“The simple fact is that in many cases you or another member of
staff may suspect something is going wrong long before we [the
board/executive] find out about it. The sooner we know, the better
we are able to prevent an accident or serious damage.”By
encouraging whistle-blowing, the Department seeks to avoid a repeat
of these high-profile cases by exposing activities that put
patients at risk or other wrongdoings.
Action
Whilst NHS bodies may not need to
revise their procedures they should clearly review them. It is
suggested, for instance, that the policy should include volunteers
although the Public Interest Disclosure Act does not extend that
far. It also suggests naming the policies more appropriately such
as “Raising Concerns”.
Training and raising awareness is emphasised.
If there is not a review, then were a problem to arise, the NHS body would be criticised and it may affect claims of alleged detriment resulting from the making of “protected disclosures”.
Further whistle-blowing measures to be announced by the
Government
In July 2010, the Secretary of State for
Health stated that the Government intends to announce further
measures to protect whistle-blowers and to strengthen the culture
of patient safety and “challenge” within the health services. These
measures are likely to be made available shortly; however, no date
has been set for their publication. We will inform you of the
changes the Government proposes once they have been published.
Hill Dickinson has a wealth of experience in dealing with the full
range of employment and pensions issues. If you have any queries
relating to the above, or any other legal matter, please do not
hesitate to contact us
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