Post on 06-Jan-2016
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The Public Interest Disclosure Act 1998
Will It Protect the Whistleblower in the National Health Service?
Linnette King RN, RNT, LLM, MSc, PGDip Education, BSc(Hons)
University of Brighton
Session Aim and Outcomes
To promote awareness of the principles of the public interest disclosure act
To further responsible governance To enable a review of working attitudes
General Aims of PIDA
The Act was a response to the public exposure of disasters and malpractice
It provides comprehensive legal protection for whistleblowers
To provide protection from victimisation Encourages collaboration and openness in
organisations And for employers to provide constructive
framework for public interest disclosure
Whistleblowing
This is when someone speaks out regarding a concern which they reasonably believe should be in the public interest or domain
Hey! Did you know that …?
Plethora of Public Scandals
Bristol Royal Infirmary – major inquiry Alderhay mass storage of organs Eastbourne nursing review North Wales child abuse cases Harold shipman – ‘serial killer’ Rodney Ledward – 16 years of malpractice Bryan Bladon – nursing home elder abuse
Common Themes Concerns raised by conscientious employee(s) Exposure of malpractice, corruption, illegal
activity, fraud or harmful activities Ensuing enquiry A lack of any clear accountability Poor management systems A culture of secrecy Closed systems in working practice Poor standards/quality of patient care
A Telling Quote
“The NHS seems to spend inordinate time and resources in displaying in the industrial tribunal, a standard and style of industrial relations which were quite unique in their respective insensitivity and arrogant incompetence.”
(John Hendy QC 1995)
Whistleblowing Dilemmas
Breach of confidentiality of patients, others, organisation
Suspicions only, no real proof Fear of victimisation, reprisals, etc. Loss of work, promotion prospects Financial loss Personal intimidation
Questions to Consider
Who does the Act apply to? What disclosures would qualify for protection? Where/when would this matter for concern be
happening? How would you whistleblow responsibly? What guidance are you aware of in your
workplace to raise concerns? Why and when would you raise a concern outside
of the organisation?
Some Brief Answers Covers a broad range of workers Reasonable belief of criminal, fraudulent,
injustice, malpractice, or danger to health and safety and/or the environment
Concern can be past, present or future And made in good faith Reasonable guidance/policy for workplace
whistleblowing? Concerns can be made to prescribed
persons/appropriate authorities
More Brief Answers
Employers should establish effective reporting procedures for employees to access
External whistleblowing is accepted when it is recognised that there is no procedure to follow, no apparent action internally, fear of retribution, or any likely cover-up, or matter of very serious public concern
What Policies Have Employers Put in Place? Survey of 11 NHS Trusts (King 2000) 3 had up-to-date policies 3 had outmoded policies 3 had no policy 2 gave no response
Overall Answers
Provide quality care by protecting patients, organisation and environment from further human tragedy
All health care practitioners must accept their accountability in work
Emphasis on responsible governance A whistleblowing policy which will help to
clarify who is responsible for what and to whom
Key References
Department of health. 2000. Guidance on implementation of code of practice on openness in the NHS
Employment Rights Act 1996 as amended by the Public Interest Disclosure Act 1998
http://www.pcaw.demon.co.uk/