Whistleblowing Disclosures

The request was successful.

Dear Nursing and Midwifery Council,

The Prescribed Persons (Reports on Disclosures of Information) Regulations 2017 SI 2017/507 were made in accordance with Section 43FA of the Employment Rights Act 1996. These regulations require prescribed persons to report annually on disclosures of information made to them by workers.

The legislation can be found here:
https://www.legislation.gov.uk/uksi/2017...
https://www.legislation.gov.uk/ukpga/199...

In 2021, the healthcare regulators which are prescribed persons for the purposes of Section 43F of the Employment Rights Act 1996 (“ERA”) produced a joint “Whistleblowing disclosures report”, which can be found here:
https://www.gmc-uk.org/-/media/documents...
https://www.nmc.org.uk/globalassets/site...
https://www.hcpc-uk.org/globalassets/res...
https://www.pharmacyregulation.org/sites...
https://www.gdc-uk.org/docs/default-sour...
https://www.optical.org/filemanager/root...
https://www.osteopathy.org.uk/news-and-r...

Similar joint reports were also published in 2018, 2019 and 2020.

Please could you disclose:
1. Policies, procedures, guidance and other documents which show how you determine whether a concern (such as a fitness to practise concern) received by you is a worker’s disclosure, for the purposes of meeting your obligations under the Prescribed Persons (Reports on Disclosures of Information) Regulations 2017 SI 2017/507.

2. Information showing how you determined whether a concern (such as a fitness to practise concern) received by you was a disclosure for the purposes of producing the 2021 “Whistleblowing disclosures report” and reporting within it on the number of disclosures of information received.

Yours faithfully,

Greg Lawton

Foi & Dpa Request, Nursing and Midwifery Council



Thank you for your email. We acknowledge receipt of your request.  

 

The statutory time limits for responses are:  

·         Freedom of Information requests: 20 working days

·         Data Protection requests: one calendar month.

 

We may ask for further information to assist us in processing your
request.

You can find out more about how we handle these requests and your data on
[1]our website.

 

Please note: the Nursing and Midwifery Council uses email and file
encryption service [2]Egress Switch to secure sensitive information.

 

Customer Information and Data Requests Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

[3]www.nmc.org.uk

 

 

 

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Dear Nursing and Midwifery Council,

I have not yet received your substantive response. The deadline for providing the substantive response was 7 January 2022, because that was the 20th working day following the date of receipt of the request (the duty to respond by this deadline is set out in section 10(1) of the Freedom of Information Act 2000).

Please respond as soon as possible, and by no later than 14 January 2022.

Yours faithfully,

Greg Lawton

NO REPLY, Nursing and Midwifery Council

Dear Greg Lawton ,
Thank you for your email. We acknowledge receipt of your request.   
The statutory time-frame for responses are:   

* 20 working days - Freedom of Information requests.
* 30 days -  Data Subjects Rights Requests (under the GDPR) 

If you need the information in an alternative format, we will do all we
reasonably can to help. When you submit a request to us, we may ask for
further information to assist us in processing your request. We will only
collect, use and store this information in order to process your request
and in accordance with our Retention and Disposal Schedules. 
To learn more about how we use this information, please read
our [1]Privacy Notice.
Thank you.  
Freedom of Information & Data Protection Officers
Records and Archives Team  
Nursing and Midwifery Council
23 Portland Place
London
W1B 1PZ  
The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

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Dear Nursing and Midwifery Council,

As I have not received your response within the statutory timeframe, I have submitted a complaint to the ICO. Please respond as soon as possible.

Yours faithfully,

Greg Lawton

Foi & Dpa Request, Nursing and Midwifery Council

Dear Greg, We hope this email finds you well.

Thank you for your request for information from the Nursing and Midwifery Council.

Sincere apology for the delay in responding to your request which is due to staff leave of absence, we are currently working through the backlog.

We've sent your request to the relevant department and are awaiting their findings. We will aim to send our findings to you by 10 February 2022.

Kind regards.

Information & Data Request Team
People and Organisational Effectiveness.

Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
www.nmc.org.uk

To get news and updates delivered straight to your inbox, visit www.nmc.org.uk/newsletters

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Dear Nursing and Midwifery Council,

I am writing this update for anyone who may be following this request.

The ICO responded to my complaint on 24 January 2022, and explained that it had written to you to ask you to respond within 10 working days (i.e. by 7 February).

The ICO wrote to me again today, 14 February, to say it had issued a decision notice. It attached the notice.
The notice says, amongst other things:
"1. The complainant requested information from the Nursing and Midwifery Council (“the NMC”) about policies and procedures relating to whistleblowing disclosures. By the date of this notice the NMC had not
issued a substantive response to this request.
2. The Commissioner’s decision is that the NMC has breached section 10 of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days.
3. The Commissioner requires the NMC to take the following step to ensure compliance with the legislation.
• The NMC must provide a substantive response to the request in accordance with its obligations under the FOIA.
4. The NMC must take this step within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court."

Yours faithfully,

Greg Lawton

Graham Ostle, Nursing and Midwifery Council

5 Attachments

  • Attachment

    Greg Lawton FOI response NMC 12427 S8C5X8.pdf

    219K Download View as HTML

  • Attachment

    Case Management Handbook final Aug 2020 Redactions APPLIED.pdf

    352K Download View as HTML

  • Attachment

    Whistleblowing SOP 2 Redactions APPLIED.pdf

    118K Download View as HTML

  • Attachment

    5514487 Operational guidance whistleblowing prescribed persons final 1 April 2017 Redactions APPLIED.pdf

    652K Download View as HTML

  • Attachment

    5514345 Policy on whistleblowing to the in our statutory role as a prescribed person Final 1 April 2017.pdf

    146K Download View as HTML

Dear Greg

Please find attached our response to your Freedom of Information request. We sincerely apologise for the delay in responding to you.

For your information, I have also notified the Information Commissioners Office (ICO) of our response as they asked for a copy to ensure the concern you raised with them has been addressed. The ICO reference number is IC-150439-K4M2.

Many thanks

Graham Ostle
Information & Data Requests Manager
People and Organisational Effectiveness

Nursing and Midwifery Council
23 Portland Place
W1B 1PZ
www.nmc.org.uk

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Dear Graham Ostle,

Thank you for your response.

Yours sincerely,

Greg Lawton

Graham Ostle, Nursing and Midwifery Council

I am on annual leave and will be returning on 6 June.

If your query is about a request for information (FOI, GDPR or 3rd party
disclosure) you can email: foi&[email address]

Many thanks

Graham Ostle

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