Whistleblowing In Health and Social Care Explained
Whistleblowing in health and social care shares some common features with whistleblowing in other sectors. Generally speaking a whistleblower is a worker who reports a certain type of wrongdoing that they witness in the workplace. This could be anything from negligence, corruption or another form of malpractice that could put people within the business, whether they’re care providers or service users, at risk.
Whistleblowing is most commonly seen at work, but can also be carried out by concerned members of the public, customers or people using a service, and occurs across a wide range of different industries and sectors.
Whistleblowing in health and social care is extremely important but is still sometimes overlooked by leaders within the sector. Considering that it could protect people and prevent harm, it’s an essential practice to make provision for, that if necessary should be allowed to occur within all kinds of health and social care settings. Having policies and procedures in place is the first step to encouraging your team to blow the whistle when necessary. It is essential that your team know about them and how to make a disclosure.
If you’re still unsure about whistleblowing and why it is so important, we at Access are here to help. To learn more about whistleblowing in health and social care, this article has gone into detail to explain this occurrence, how it can benefit everyone involved and your rights as a whistleblower.
What is Whistleblowing in Health and Social Care?
Whistleblowing is when a member of staff, or a member of the public, informs relevant personnel of concerning wrongdoings they have witnessed. This is commonly based on something they have seen in the the management or delivery of care. Worrying matters that can be classed as whistleblowing in health and social care include but are not limited to:
- Bullying in the workplace
- Failure to properly safeguard patients
- Inadequate administration of medicines
- Lack of policies and procedures
- Poor clinical practice
- Unsafe patient care
- Unsafe working conditions
- Untrained staff
- Unwell or stressed staff who won’t get help
It can be difficult to identify if a complaint does or does not classify as whistleblowing. However, if you’re unsure, you can contact the NHS Whistleblowing Helpline. They will be able to help NHS and social care workers answer this question and can offer free and confidential legal advice.
Please note that unless your case is in the public interest, certain complaints are not covered by whistleblowing law. These can include some forms of bullying, harassment or discrimination.
Whistleblowers in health and social care can include employees, former employees, agency workers, trainees or members of an organisation. Many people feel anxious about speaking up due to fears of losing their jobs or creating an unpleasant work environment. Fortunately, whistleblowers have rights.
What Are Your Legal Rights?
If you’re an employee or fall in the category of an NHS employee, a trainee or an agency worker, then you will be protected by law if you end up whistleblowing. If you’re unsure whether you’re protected or you want reassurance, then speak to Citizens’ Advice for more information.
It’s in the public interest that whistleblowers are protected by law, so they can feel confident about speaking out if they witness malpractice within an organisation. The ‘Whistleblower Protection Act’ means that you shouldn’t be treated unethically or lose your job just because you ‘blew the whistle.’
What to Do If You’re Treated Unfairly After Whistleblowing?
As mentioned, the Whistleblower Protection Act is a powerful level of employment protection for whistleblowers in the UK. This means that you are legally protected against any kind of bullying or harassment after speaking out and your employment must remain in place following the statements given. It also means that employers must take disciplinary action against anyone who chooses to victimise you. If they don’t or you’re unsatisfied with the outcome, you can bring the matter to an employment tribunal.
In order to receive full whistleblower protection, you need to understand and follow your organisation’s whistleblowing protocol. For example, you may need to fill in a critical incident form first. The majority of this process will be highlighted within the company’s whistleblowing policy. As it’s so important within the health and social care sector, the information should always be readily available to staff within the service. You will also need to ensure that your complaint is covered by whistleblowing law or whether it's another matter that needs to be dealt with differently.
Why Is Whistleblowing Important in Health and Social Care?
People working in health and social care have a duty to put the service users first. This is even outlined in their professional code of conduct. So, if an action has the potential to cause harm to these people, there’s a duty to report it. Whistleblowing acts as an early warning that highlights malpractice before it leads to serious damage. Due to the nature of health and social care, mistakes that may be seen as a minor problems in other sectors could have serious consequences in this one and unfortunately, service users are usually at the receiving end of negligence. They require the protection they deserve.
As well as protecting service users, whistleblowing can have other positive outcomes within the health and social care sector, making its importance even more significant. Some of the benefits include:
- Helps Fight Fraud – Urging people to speak out and unmask wrongdoings in the workplace can fight fraud, corruption and other unethical behaviour. The presence of a whistleblowing system may be enough to stop people from committing unlawful activity, thus preventing fraud.
- Prevents Reputational Damage – When issues are raised internally, the department can tackle them appropriately and discreetly. If there isn’t an internal solution, then the information can be taken elsewhere or could be made public, which could damage the company’s reputation.
- Stops Issues Escalating – Being able to catch a problem early on is one of the main benefits. When information is shared directly with a dedicated team, the concern can be dealt with before it escalates, preventing serious harm and directing focus on more important matters.
- Reduces Various Losses – When unlawful activities are reported, a company has the opportunity to tackle the issue immediately and prevent the incident from happening again in the future. This reduces painful and financial losses, which can damage everyone in the service.
- Raises Valuable Awareness – Without whistleblowers, illegal and unethical things would occur more frequently. Whatever the severity or nature of the concern, the information can be passed on to educate others. With this knowledge, a company can learn, grow and avoid mistakes.
- An Open Culture – When employees are encouraged to report concerns and have the support they need to do so, the employer will gain more trust. An open culture often creates stronger relationships, which results in higher output and increases the likelihood of internal reports.
The Whistleblowing Process
A decent whistleblowing policy is key to creating an atmosphere where employees feel comfortable reporting concerns and feel assured that any concerns within the service will be addressed and thoroughly investigated. It’s a sign that you are a good service provider and have an open culture that makes staff feel confident about raising concerns. If your policies and procedures are easy to use, workers will be more likely to raise a concern at an early stage, which are easier to deal with.
Care services who promote whistleblowing will be seen as better employers by staff and a better service provider by the public. Workers should be made aware that they can go outside their normal line management or accountability arrangements to report a problem. This should be clearly highlighted in your policy and procedure. Other people who provide services, like agency workers, should also be made aware that they can raise concerns and have PIDA (Public Interest Disclosure Act 1998) protection.
When you report a complaint, it’s advised that you draw awareness to your concern locally. For example, you should speak to your line manager or a more senior member of management in your organisation. However, if you have already tried to do this and have been unsuccessful in getting anywhere, or you would rather speak to someone who isn’t involved in the situation, there are other options you can consider. These include your health and social care regulator (the CQC in England, Care Inspectorate Scotland, RQIA in Northern Ireland or Care Inspectorate Wales), NHS England and the General Medical Council (GMC).
Whilst hard evidence to support your claim isn’t necessary, it does prove to be extremely useful. However, you should never investigate concerns yourself, as this risks notifying the individual involved. To ensure you are making a valid whistleblowing complaint and to ensure full protection, the following criteria must be fulfilled:
- A genuine concern in the public interest
- Be honest to the best of your knowledge
Confidentiality is key to making a whistleblowing complaint. This means that the people you speak to and report your complaint to will know who you are, but they will try to conceal your identity for as long as they can. Your identity doesn’t have to be divulged without your consent unless the body is legally obliged to uncover it.
Alternatively, you can make completely anonymous reports, so no one knows your identity. While this can make whistleblowers feel less anxious, it does mean you won’t get any kind of updates on the investigation’s progress and it can slow down the investigation, as investigators won’t be able to get in touch if they need further information. It’s also worth keeping in mind that just because you’ve remained anonymous, it doesn’t mean that people within your organisation won’t suspect you.
Can Software Help Whistleblowing in Health and Social Care?
To summarise, whistleblowing is one of the most effective ways to identify and inhibit dishonesty and other malpractice in health and social care settings. The results include preventing serious harm, reducing losses and building a loyal workforce. This can benefit the care service, the employees and the service users significantly and can even be key to its success.
At The Access Group, we understand the importance of whistleblowing and advise implementing methods to encourage it within the care sector. We recommend implementing Access Policies and Procedures throughout your care service.
This software platform allows you to easily manage all your health and social care policies, procedures, (including your essential whistleblowing policies and procedures) documents and forms. With specialised packs with care home policies and procedures and domiciliary or community care. Suitable for care services big and small, our system enables you to deliver joined-up care and focus on the quality of care, control of care operations and efficiency of care services.
To learn more about implementing this software, contact us today.
