XMAS FOI On NHS Whistleblowing

The request was partially successful.

Dear Salisbury NHS Foundation Trust,

I have done some research and found there are a number of pieces of guidance on how best to ‘whistleblow ‘in the NHS.
Examples include:
1) Each trust is expected to have a’ whistleblowing’ policy modelled on 2003 Department of Health Guidance.
2)Other ‘whistleblowing’ guidance that is issued to general practitioners by NHS employers after the Shipman Inquiry and a Code of Practice published in 2008 by the British Standards and Public Concern at Work .
3 )A Doctor’s duty to report concerns is set out in the General Medical Council’s Good Medical Practice published in 2006 supported by supplementary guidance Raising Concerns About Patient Safety.
‘43. You must protect patients from risk of harm posed by another colleague’s conduct,
performance or health. The safety of patients must come first at all times. If you have
concerns that a colleague may not be fit to practise, you must take appropriate steps
without delay, so that the concerns are investigated and patients protected where
necessary. This means you must give an honest explanation of your concerns to an
appropriate person from your employing or contracting body, and follow their
procedures.
44. If there are no appropriate local systems, or local systems do not resolve the problem,
and you are still concerned about the safety of patients, you should inform the relevant
regulatory body. If you are not sure what to do, discuss your concerns with an impartial
colleague or contact your defence body, a professional organisation, or the GMC for
advice.
45. If you have management responsibilities you should make sure that systems are in place
through which colleagues can raise concerns about risks to patients, and you must
follow the guidance in Management for doctors.
So raising concerns is not just a matter of personal conscience – in some circumstances it is a
professional obligation.’

4) Under the Public Interest Disclosure Act 1998 ‘whistleblowers’ get legal protection against victimisation or dismissal for exposing malpractice at work. This piece of legislation followed a succession of cases where whistleblowers had been ignored , including the problems at Bristol Royal Infirmary ,where 29 babies and children died after heart surgery .
5) Until 1 April 2010 it was optional for NHS trusts to report serious untoward incidents to the National Patient Safety Agency (NPSA).Since then there has been a duty to report introduced by the Care Quality Commission Registration Regulations 2009 ...a more demanding duty :
“This is a duty which is accomapied by sanctions in the criminal law for failure to report –and th ephraes in the regulations is ‘without delay’ –deaths which cannot be explained by the normal course of the illness the patient is suffering from.
And then equally significantly there’s a further duty ,again, to report events which appear –before anybody which has actually been injured or died from events in hospital –systems need to be in place which would expose patients to that sort of risk.’
THE QUESTIONS RAISED BY THIS FREEDOM OF INFORMATION ACT REQUEST ARE :
1) Is there any case law or any other pieces of legislation or other pieces of NHS or professional guidance which protect any possible ‘whistleblower.’?
2) Does the duty to inform of ‘wrongdoing’ extend to other staff: legal advisors,managers and social workers ,nurses and care assistants as well as doctors as well?Does it include a duty to inform of potential ‘wrongdoing’ that has come to light in other trusts and the like?
3) What punishment is meted out to those who knew of alleged wrongdoing and remained silent?
4) How many staff members have ‘whistleblown’ in your organisation?
Which department were they in?
How many are still employed there?
What were the outcomes of the attempt to ‘whistleblow’?

5) Despite pieces of legislation and professional guidance such as these nearly 90% of severance packages between NHS Trusts and departing doctors contain confidentiality clauses.The charity Public Concern at Work states that the law protects whistleblowers even if they have signed confidentiality arrangements.
a) How many confidentiality arrangements have been reached with former staff members?
b) What was the value of each agreement?
c) Does the 1998 Public Interest Disclosure Act make it illegal for NHS Trusts and other public bodies to include confidentiality clauses preventing the disclosure of information that is in the public interest? If not do they still have a duty to inform their professional body or indeed anyone else? Does this extend to any ‘act or omission’ (a term used in the Human Rights Act ) on the part of your organisation?
Yours sincerely
Paul Gaffney LLB BA
Ipswich
Suffolk

Yours faithfully,

Paul GaffneyLLB BA

Salisbury NHS Foundation Trust

Thank you for the request for information you have sent in under the
[1]Freedom of Information Act 2000.

We will endeavour to answer your request within the next 20 working
days.

Should your request fall under any of the exemptions of the [2]Freedom
of Information Act 2000, we will not be able to answer your request,
however, we will inform you as to why it has been deemed as exempt.

Regards,

The Information Governance Team
[3]Salisbury NHS Foundation Trust

References

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Salisbury NHS Foundation Trust

Thank you for the request for information you have sent in under the
[1]Freedom of Information Act 2000.

We will endeavour to answer your request within the next 20 working
days.

Should your request fall under any of the exemptions of the [2]Freedom
of Information Act 2000, we will not be able to answer your request,
however, we will inform you as to why it has been deemed as exempt.

Regards,

The Information Governance Team
[3]Salisbury NHS Foundation Trust

References

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1. http://www.foi.nhs.uk/home.html
2. http://www.foi.nhs.uk/home.html
3. http://www.salisbury.nhs.uk/

Salisbury NHS Foundation Trust

Thank you for the request for information you have sent in under the
[1]Freedom of Information Act 2000.

We will endeavour to answer your request within the next 20 working
days.

Should your request fall under any of the exemptions of the [2]Freedom
of Information Act 2000, we will not be able to answer your request,
however, we will inform you as to why it has been deemed as exempt.

Regards,

The Information Governance Team
[3]Salisbury NHS Foundation Trust

References

Visible links
1. http://www.foi.nhs.uk/home.html
2. http://www.foi.nhs.uk/home.html
3. http://www.salisbury.nhs.uk/

Salisbury NHS Foundation Trust

Thank you for the request for information you have sent in under the
[1]Freedom of Information Act 2000.

We will endeavour to answer your request within the next 20 working
days.

Should your request fall under any of the exemptions of the [2]Freedom
of Information Act 2000, we will not be able to answer your request,
however, we will inform you as to why it has been deemed as exempt.

Regards,

The Information Governance Team
[3]Salisbury NHS Foundation Trust

References

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1. http://www.foi.nhs.uk/home.html
2. http://www.foi.nhs.uk/home.html
3. http://www.salisbury.nhs.uk/

Freedom Of Information,

Salisbury NHS Foundation Trust
Salisbury District Hospital
Department of Information Technology
Salisbury
Wiltshire
SP2 8BJ

[1]www.salisbury.nhs.uk

14^th January 2011

Reference No: FOI_649
Dear Mr Paul Gaffney
Regarding your request for information that we received on the 14^th
December 2010, . We hope this information is satisfactory and meets your
intended request requirements. Should this information not answer your
questions, please contact us using the email address at the bottom of this
email, or you can write to us using the address above.

Question No. 1
Is there any case law or any other pieces of legislation or other pieces of
NHS or professional guidance which protect any possible 'whistleblower.'?

Answer No. 1
The 'Public Interest Disclosure Act 1998 (PIDDA) - was introduced to protect
employees who are worried about wrong doing in their place of work and want
to 'blow the whistle'. The act applies to all NHS employees. Health Sevice
circular 1999/198 and Clinical governance guidance in 1999 required Trust's
to put in place arrangements in support of this Act. This Trust has a policy
called the 'Raising Concerns Policy' which has recently been revised.

Many professional bodies also give guidance.

Question No. 2
Does the duty to inform of 'wrongdoing' extend to other staff, legal
advisors,managers and social workers ,nurses and care assistants as well as
doctors as well?

Answer No. 2
We understand the duty applies to all NHS employees.

Question No. 3
Does it include a duty to inform of potential 'wrongdoing' that has come to
light in other trusts and the like?

Answer No. 3
We are not aware of such a duty.

Question No. 4
What punishment is meted out to those who knew of alleged wrongdoing and
remained silent?

Answer No. 4
The policy is about making is easier for those who wish to disclose, not
about punishing anyone who keeps silent.

Question No. 5
How many staff members have 'whistleblown' in your organisation?

Which department were they in?

How many are still employed there?

What were the outcomes of the attempt to 'whistleblow'?

Answer No. 5
No staff have 'whisteblown' by formally completing a raising concerns form.
However, there are so many other ways staff can bring any concerns they have
to the attention of someone in authority that it is not possible to
quantify, for example they could be raised informally or through the counter
fraud specialist.

Question No. 6
How many confidentiality arrangements have been reached with former staff
members?

Answer No. 6
None.

Question No. 7
What was the value of each agreement?

Answer No. 7
Please refer tp the answer provided in question 6.

Question No. 8
Does the 1998 Public Interest Disclosure Act make it illegal for NHS Trusts
and other public bodies to include confidentiality clauses preventing the
disclosure of information that is in the public interest?

If not do they still have a duty to inform their professional body or indeed
anyone else?

Answer No. 8
The answer to this question is publicly available within the published Act,
which you can find by following this link
http://www.legislation.gov.uk/ukpga/1998...

Question No. 9
Does this extend to any 'act or omission' (a term used in the Human Rights
Act ) on the part of your organisation?

Answer No. 9
Please refer to the answer provided to question 8.

Yours sincerely

Information Governance Team
If you have any questions regarding this response, please contact us at
[2][Salisbury NHS Foundation Trust request email]
Visit the Freedom of Information website at
[3]http://www.ico.gov.uk/what_we_cover/free...

References

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1. http://www.salisbury.nhs.uk/
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