Transcript The Public Interest Disclosure Act 1998

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/