XMAS FOI On NHS Whistleblowing

Paul Gaffney made this Rhyddid Gwybodaeth request to Worcestershire Mental Health Partnership NHS Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Worcestershire Mental Health Partnership NHS 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 Gaffney

MHP FOIRequest,

Dear Mr. Gafney

REF: Freedom of Information Request - 141210/Whistleblowing

I acknowledge receipt of your Freedom of Information request which was
received on 16^th December 2010.

Your FOI request for Worcestershire Mental Health Partnership NHS Trust
has been logged and we will be responding to you in due course with the
information you require.

Yours sincerely,

FOI Coordinator

MHP FOIRequest,

1 Atodiad

Dear Mr. Gafney

REF: Freedom of Information Request - 141210/Whistleblowing

The Trust received a Freedom of Information Act 2000 request from you
dated 14^th December 2010 regarding Whistle Blowing. We have listed the
answers to your request below:

1. This Trust has an agreed Public Interest Disclosure (Whistle-blowing)
Policy in place, which has been attached. This policy has been updated
to comply with the guidance contained within Speak up for a healthy
NHS.
2. The above policy covers all employees of the Trust.
3. In the last 2 years the Trust has had no instances of disclosures made
under the policy referred to in 1 (above).
4. Please see response to question 3 (above).
5. In the last 2 years the Trust has not entered into the types of
agreements referred to in this question.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to the Chief Executive, Worcestershire Mental Health
Partnership NHS Trust, Isaac Maddox House, Shrub Hill Road, Worcester, WR4
9RW

If you are not content with the outcome of the complaint or review you may
apply directly to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Trust. The Information Commissioner can be
contacted at: The Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely,

FOI Coordinator