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/