Consultation outcome: Protecting whistleblowers seeking jobs in the NHS

Consultation outcome: Protecting whistleblowers seeking jobs in the NHS


Details of the consultation outcome can be found at: https://www.gov.uk/government/consultations/protecting-whistleblowers-seeking-jobs-in-the-nhs

A pool of NHS trusts prepared to offer trial employment to whistleblowers is being created by NHS Improvement.

It is part of a new support scheme to help whistleblowing staff to return to work in the health service.
The pilot is designed to offer help to existing and former staff who have made protected disclosures under the Public Interest Disclosure Act to maintain their careers and is part of the regulator’s response to Sir Robert Francis QC’s Freedom to Speak Up report, which exposed the victimisation of whistleblowers in the NHS and called for them to be given help to get back to work

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National Guardian's Office publishes findings from Freedom to Speak Up guardian survey

The National Guardian's Office has published a report outlining the findings of their first Freedom to Speak Up (FTSU) guardian survey.

The survey finds that a significant amount of progress has already been made, with:

• nearly 9 out of 10 guardians reporting that they are communicating their role internally
• over 8 out of 10 guardians saying they feel supported by their senior management teams and chief executives (with only 3 in 100 reported feeling that they don’t get this support)
• 7 out of 10 guardians saying that their organisations are actively tackling barriers to speaking up.

New scheme launched to help NHS whistleblowers

A nationwide pilot to help NHS whistleblowers back into work has been launched by NHS England.

The Whistleblowers Support Scheme will offer a range of services including career coaching, financial advice and mediation for primary care staff who have suffered as a result of raising concerns about NHS practice. Working Transitions has been appointed to run the pilot until March 2018.

The scheme has been designed with the help of former staff who have also had experience of whistleblowing and the impact it can have on staff.

New case study - how trust wide engagement has encouraged speaking up

NHS Employers has worked with York Teaching Hospital NHS Foundation Trust to find out how by engaging with staff across multiple sites, they've successfully promoted awareness about raising concerns and the role of their Freedom to Speak Up guardian, Lisa Smith.

Find out how Lisa used flu clinics and inductions to speak to staff, and how alongside her trust, she plans to introduce Schwartz rounds in our new shared learning example.

Freedom to Speak Up awards and new inspection guidance for guardians

The National Guardian's Office has launched new Freedom to Speak Up (FTSU) 2017 awards to recognise and celebrate the fantastic work being done in NHS trusts to improve the culture of speaking up.

The five FTSU award categories are as follows:

• Freedom to Speak Up Guardian or Network of the Year
• Speaking Up – the Freedom to Speak Up communication award 
• Speaking Up Together – the Freedom to Speak Up partnership award
• Learning from speaking up – the Freedom to Speak Up learning award
• Leading the change to speaking up becoming business as usual

National Guardian's Office launches new directory/Trial of case review process

The National Guardian's Office (NGO), responsible for providing leadership and advice for Freedom to Speak Up guardians has published a new national directory of guardians.

Also the National Guardian for the NHS, Dr Henrietta Hughes has launched a 12 month trial of her case review process for NHS trusts and foundation trusts.

Dr Hughes will review the handling of concerns along with the treatment of individuals who have spoken up, where there is evidence that good practice has not been followed. Priority will be allocated to cases that offer the the greatest potential for learning, allowing for failings to be addressed. The purpose of case reviews is to support trusts so they can identity how they can improve their processes and the support offered to staff.

Protecting whistleblowers seeking jobs in the NHS

This DH consultation seeks views on draft regulations that prevent an NHS employer from discriminating against applicants who appear to have been whistleblowers.  It closes on 12th May.

Physicians worried about future patient safety, whistleblowing and rota gaps

A new survey from the Royal College of Physicians shows that 74% of physicians are worried about the ability of their service to deliver safe patient care in the next 12 months.

The survey results are published in NHS reality check: Delivering care under pressure

GMC encourages doctors in training to use exception reports

The GMC's Chief Executive, Charlie Massey says:'Exception reporting is a new mechanism under the 2016 terms and conditions for doctors in approved national training programmes in England that will allow doctors to report concerns with their training – such as educational opportunities that have been missed and breaches in hours worked which may compromise their safety or training. We strongly support the introduction of this new system. It is in everyone’s interests that we develop detailed evidence of where problems are occurring, so that efforts to address them can be targeted.'

National guardian publishes her ‘first 100 days’ report

Dr Henrietta Hughes, national guardian for speaking up freely and safely in the NHS has published a new report, which outlines the progress made since her appointment in October 2016.

Over the last 100 days, Dr Hughes has set up the national office and established a national network of Freedom to Speak Up guardians. Key points include:

• 201 NHS trusts now have an FTSU guardian in place
• twelve trusts are in the process of making an appointment of an FTSU guardian
• 21 trusts have yet to appoint to the role
• online resources and training available for guardians (including eight training sessions being led by the National Guardian's Office (NGO)
• guardians are encouraged to join regional networks to share progress and provide neighbouring support
• the NGO plans to issue good practice guidance.

New resource to help managers effectively respond to concerns

Health Education England (HEE) has worked with the National Guardian's Office to develop a new online resource for managers, to enable them to effectively deal with public interest concerns. Responding to concerns identifies appropriate ways of handling issues raised and supporting staff through the process.

The online tool has been develop as a part of a suite resources designed to teach staff the importance of speaking up and inform them of what support is available, as part of HEE's Learning to be safer programme of work. It compliments Raising a concern which was made available earlier this year.

New resource to record public interest concerns

A new template has been developed with employers, based on a spreadsheet the Wirral University Teaching Hospitals NHS Foundation Trust uses, to help managers and Freedom to Speak Up (FTSU) guardians record public interest raising concerns data. 

Health and Care Professional Council proposes changes to support raising concerns

The Health and Care Professions Council (HCPC) has launched a consultation on proposed changes to the standards of education and training and supporting guidance. One of the proposed changes is to support learners raising public interest concerns.

New whistleblowing protection for doctors in training

Health Education England has released details of the enhanced protection on whistleblowing for doctors in training.

Contractual claims can now be made directly against HEE if circumstances arise in which an individual suffers negative consequences as a result of raising concerns.

All issues should be raised formally so that they can be addressed by the employer and/or HEE. If this is not done, not possible, or the trainee feels the issue remains unresolved, this new right allows the trainees to make a claim against HEE.

Trainees can now pursue claims for up to six months after they become aware of any perceived negative consequences, which is the same as the limitation period for bringing claims to the employment tribunal.

HEE extends whistleblowing protection for doctors in training

Health Education England (HEE) has acted to address concerns expressed by junior doctors about their ability to make protected disclosures without fear of detriment.

HEE has agreed with the BMA, NHS Employers organisation and Department of Health that in order to address this potential barrier to junior doctors raising concerns about patient safety, HEE will place into its contracts with local employers a provision that protects junior doctors making disclosures.

Raising concerns e-learning module now available

Health Education England's e-Learning for Healthcare team (HEE e-LfH) has developed a new online resource for healthcare staff to equip them with the necessary knowledge and confidence to raise public interest concerns.

New edition of HCPC In Focus

In this issue of In Focus, the HCPC takes an in depth look at standard seven of our recently revised Standards of conduct, performance and ethics, and explain our expectations of registrants in terms of reporting and escalating concerns.

We also provide an update on the government's intention to create a new body for social work and take an initial look at an upcoming consultation to reform health and care professional regulation.