Whistle blowing
If you are an NHS employee who is concerned about possible wrongdoing in your workplace, this page gives advice about what to do.
- Public Interest Disclosure Act
- Raising a concern with your NHS employer
- Raising your concerns with the Healthcare Commission
- The Healthcare Commission's responsibilities under PIDA
- Further advice and guidance
Public Interest Disclosure Act
The Public Interest Disclosure Act 1998 (PIDA) was introduced to protect employees who are worried about wrongdoing in their place of work and want to ‘blow the whistle'.
The Act applies to all NHS employees and includes all self-employed NHS professionals (i.e. doctors, dentists, opticians, optometrists, and pharmacists). The Act deems the employer of self-employed NHS professionals to be the relevant primary care trust or health authority.
To qualify for protection your disclosure must be made in good faith and the wrongdoing must involve:
- A crime or breach of legal obligation (regulatory, administrative or common law).
- Miscarriage of justice.
- Danger to health and safety.
- Damage to the environment.
- Attempts to cover-up such malpractice.
An employee who is victimised or penalised for making a protected disclosure can bring an action for compensation against the employer at an employment tribunal. More than1,200 employees have taken their employer to employment tribunal since the Act came into force. It is estimated that more than £10 million is paid out by employers in compensation every year, with the largest single award to date being £805,000.
Raising a concern with your NHS employer
We believe that NHS employees should feel able to raise concerns with their employer, whether it is a trust, PCT or health authority. Each NHS body should have its own policy and procedures for responding to your concerns. A disclosure to the Department of Health is also considered to be a disclosure to your employer if you work within the NHS.
Always remember that as a whistle blower you are acting as a witness and not as a complainant. You only have to have reasonable suspicion and not irrefutable evidence to support your concerns. If you do suspect wrongdoing within your NHS body there are a few simple guidelines that should be followed:
Do
- Make an immediate note of your concerns.
Note all relevant details, such as what was said in telephone or other conversations, the date, time and the names of any parties involved. - Convey your suspicions to someone with the appropriate authority and experience.
Most NHS bodies have established policies and procedures for whistle blowing and your Personnel Department or Head of Internal Audit should be able to provide you with further details. You can also get help and advice from the Department of Health. - Deal with the matter promptly, if you feel your concerns are warranted.
Any delay may cause your organisation or patients to suffer further or increase the risk of harm.
Don't
- Do nothing.
- Be afraid of raising your concerns.
You must not suffer any recrimination from your employer as a result of voicing a reasonably held suspicion. Your organisation must treat any matter you raise sensitively and confidentially. - Approach or accuse any individuals directly.
- Try to investigate the matter yourself.
This is particularly important if your concern is about a crime or breach of legal obligation. There are special rules surrounding the gathering of evidence for use in criminal cases. Any attempt to gather evidence by people who are unfamiliar with these rules may destroy the case. - Convey your suspicions to anyone other than those with the proper authority.
Raising your concerns with the Healthcare Commission
Under certain circumstances, you may feel unable to raise your concerns directly with your NHS employer and may want to approach an independent organisation.
If this is the case, we recommend that in the first instance you discuss your particular concerns with Public Concern at Work (an independent charity). Contact 020 7404 6609 or visit www.pcaw.co.uk (opens new window) http://www.pcaw.co.uk
Our helpline
After contacting Public Concern at Work, you may find that you wish to raise your concern with us. We have a helpline through which you can do so in confidence with trained and experienced officers.
Before accepting or investigating any disclosures from NHS employees or contractors, we need to be satisfied that:
- You have disclosed the information in good faith; and
- You believe it to be substantially true.
Your communications with the Healthcare Commission will be treated in strict confidence. If your disclosure is accepted, we will give you a unique reference number to use when communicating with us.
Our responsibilities under the PIDA
The Healthcare Commission's responsibilities to an NHS employee or contractor who makes a disclosure are to:
- Receive your disclosure and ensure that the criteria in the legislation is complied with, to protect you if you were to suffer detriment as a result of making your disclosure.
- Investigate your concern under the powers conferred by statute on us and our employees.
- Contact you when we have completed our investigation to provide feedback. In doing so we must comply with any regulations restricting the disclosure of certain types of information.
We have no powers to discipline any NHS officers or to bring criminal prosecutions against such individuals following the outcome of our investigations. Disciplinary action can only be taken by NHS management and/or relevant professional bodies. Allegations of criminality are usually investigated by the police and can ultimately only be decided by the courts.
Further advice and guidance
Public Concern at Work: an indepdent charity offering free and confidential advice on what is protected under the PIDA and how best to raise your concern. Phone 020 7404 6609 or visit http://www.pcaw.co.uk/ (opens in a new window).
Departmen of Health: within the NHS disclosures are protected under the PIDA if made to the Department of Health. Phone 0207 210 4850 or visit http://www.dh.gov.uk (opens in a new window).
National Patient Safety Agency (NPSA): a special health authority created to co-ordinate the efforts of all those involved in healthcare and to learn from patient safety incidents occurring in the NHS. NPSA collects reports from across the country and initiate preventative measures, so that the whole country can learn from each case, and patient safety throughout the NHS will be improved every time. The NPSA has established a network of patient safety managers to provide support and advice to NHS organisations. Phone 020 7927 9500 or visit
http://www.npsa.nhs.uk (opens in a new window).
Commission for Social Care and Inspection: for concerns about social care within the range of services for adults and children. Phone 0845 015 0120 or visit http://www.csci.gov.uk (opens in a new window).
Counter Fraud Service: If your concern is about fraud or corruption within the NHS, phone the reporting line on 08702 400 100 or visit http://www.cfsms.nhs.uk (opens in a new window).
Audit Commission: for concerns relating to financial matters other than fraud and corruption, for example lawfulness of expenditure. The Audit Commission has a dedicated PIDA hotline on 020 7630 1019.
