The Public Interest Disclosure Act 1998

1. 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

2. 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

3. 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

4. Whistleblowing • This is when someone speaks out regarding a concern which they reasonably believe should be in the public interest or domain

5. 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

6. 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

8. 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)

9. 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

10. 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?

11. 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

12. 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

13. 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

14. 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

15. 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/