NHS Constitution (Whistleblowing)

Tuesday 12th October 2010 Written Statements

[The Secretary of State for Health (Mr Andrew Lansley)]

On 9 June I made a statement to the House about the failings of the Mid Staffordshire NHS Foundation Trust, Official Report, column 333. I made clear my intention to hold a full public inquiry into how these failings have continued unchallenged and undetected for so long.

A culture of fear and secrecy had pervaded this trust, leaving its staff feeling unable to raise concerns. Therefore, I set out action needed prior to the publication of the inquiry’s findings in March 2011. Specifically, I made it clear that I intended to initiate work on whistleblowing, to improve conditions and procedures for those who wished to raise concerns.

Today, I am launching a public consultation on amendments to the NHS constitution and its handbook, which are concerned with making clear the rights and responsibilities of NHS staff and their employers in respect of whistleblowing.

The consultation proposes three key changes:

highlighting existing legal rights of all staff to raise concerns about safety, malpractice or other wrongdoing without suffering any detriment;

introduce an NHS pledge that employers will support all staff in raising such concerns, responding to and where necessary investigating the concerns raised; and

create an expectation that NHS staff will raise concerns about safety, malpractice or wrongdoing at work which may affect patients, the public, other staff or the organisation itself as early as possible.

Responses from all interested parties are welcome. The consultation and response form have been placed in the Library and copies are available to hon. Members in the Vote Office. The documents can also be found at: http://www.dh.gov.uk/en/Consultations/Liveconsultations/index.htm.

The consultation closes on 11 January 2011.

I am pleased to say that this consultation follows significant progress already made on whistleblowing since June. On 25 June 2010 new guidance was published for the NHS, developed through the social partnership forum (SPF) with expert support and advice from the independent whistleblowing charity Public Concern at Work.

Designed to support NHS organisations who are in the process of updating or creating whistleblowing policies and procedures, the guidance promotes best practice. It suggests simple steps to help NHS organisations ensure their whistleblowing arrangements are fit for purpose. The guidance can be found on the Department’s website at:

www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4050929.

In addition, the NHS Staff Council has negotiated changes to the terms and conditions of service handbook for NHS staff covered by Agenda for Change, to include a contractual right and duty to raise concerns in the public interest. A circular to NHS organisations informing them of these changes was published on 13 September 2010 with immediate effect. Both these are available on the NHS employers website at:

www.nhsemployers.org/PayAndContracts/Pay%20circulars/Agenda-for-Change/Pages/2010.aspx.