Speak Up and make the

difference

Presented by: Claire Batty, Policy Manager

Overview

Learning Outcomes:•Enhanced your understanding of Whistleblowing and why it matters•Be able to describe common barriers to raising concerns•Have shared some good practice ideas and examples•Developed some practical tips on how to positively handle whistleblowing matters•Be able to health check your organisation and implement a policy within a wider framework.•Be able to identify further places for support

The Legislation

•The Public Interest Disclosure Act (PIDA) –sometimes referred to as the ‘whistle blowers’ legislation.•Protects against unfair dismissal, detriment and victimisation.•Legislation encourages and protects employees to report internally.•Only in specific circumstances can concerns be raised externally and remain protected. •External reports can be made to

1) to a prescribed body or regulator2) to wider audience e.g the press.

The disclosure must be in good faith, reasonable belief held to gain protection from PIDA.

Justemployment: Whistleblowing

Cases in the Media

Just some of the Outcomes:•Healthcare and legal structure changed•Dismissal.•Public confidence undermined•Prosecutions and imprisonment•Some Implications still to be understood…

Some further thoughts….

In half of all cases where staff know about a risk they are too scared to speak up (RCN, 2004)

Q: Why is it hard to raise a concern?

Q: What barriers prevent or discourage this?

How you perceive an issue often depends on how you deal with it.

So a concern could fit into any one of these areas.

However concerns all have something in common:• Start by ascertaining the facts •undertake an appropriate investigation to determine a suitable course of action.

From a practical perspective knowing what policy to follow is often the first decision. Differentiating between a grievance and a disclosure which could be protected under the legislation is key.

Where does Whistleblowing fit in?

Quality LeadershipContinuous Improvement TrainingComplaints SafeguardingDisciplinary & Grievance Recruitment & Induction

Grievance or Disclosure

Grievance

Tends to be a issue about employment rights. The

person wishes to complain about their treatment. They have a personal interest in

ensuring the issue is addressed.

Protected Disclosure

Tends to be about malpractice or serious

wrongdoing such as dangerous or criminal

activity which affect others.

A whistleblower is as a messenger alerting others

to a concern and is not expected to prove it.

VS

Firstly there is no one size fits all approach.

However the following are recognised core areas where some simple interventions can support an effective early warning system

•An ‘Open Door’ Culture•Policies and procedures•Recruitment and Induction•Training•Leadership and Supervision•Governance & Accountability

Embedding practices which support concerns being raised

Early Warning SystemFree Feedback & an

Opportunity to Improve

Complainant/Informant

Re-framing Whistleblowing

Case Study

• Derek is a Senior Care Coordinator in a care home for the elderly. Derek was on duty one day when he found that carers had forgotten to give some residents their medication, which included tablets for water retention. Derek immediately told the homes manager what had happened. The homes manager took the unused medication and flushed it down the toilet.

Derek decides to report this to head office.

What have we learnt?

•A policy is a good place to start but not enough if not effective i.e either not promoted, or worse contradicted•Managers ultimately need to build trust and confidence. •There is no right or wrong way, no silver bullet. •Practices will depend on organisational size/structure, resources, culture etc.•Encouraging staff to speak up as early as possible and responding appropriately is key

Taking the first steps

• Make a start – get a simple and clear policy that works for your organisation

• Ensure this policy is embedded in the wider framework of policies and procedures (D&G, Safeguarding, Training)

• Brief and Train Key Managers• Launch, communicate and reiterate to all• Review progress and make changes where

appropriate. Communicate changes to build confidence that positive change will happen

Getting Support

The Whistleblowing Helpline

•Telephone and email advice, signposting, support and guidance for the Health and Social Care Sector.

Free & strictly confidential

•Website – tools, documents, guidance, updates•Raising Awareness – networking, campaigns, events•Other services – training, review of policies, organisational health checks•Advisory – policy making

PICTURE OF THE WEBSITE HERE

Getting Support

Other useful links:•Trade Unions•ACAS – employment advice•Professional Bodies – Nursing Council, Social Care Organisation•PCaW – charity •Directgov & BERR•Regulators – e.g CQC, HSE, Ofstead, FSA etc

Questions & Answers