Whistleblowing, safeguarding, complaints

1. Whistleblowing, safeguarding, complaints Joe Godden – j.godden@basw.co.uk

2. Whistleblowing in the news… Wirral social care Martin Morton says “there’s not enough money in the world” to make up for his family’s trauma

3. Under pressure! “Jail those who turn a blind eye to child abuse” says Cameron (3 March 2015) Professionals face five years in prison for turning blind eye under new plan set out by prime minister

4. This man was jailed for speaking out Minister for Health and Social Services Stuart Syret was silenced by the establishment for exposing child abuse. Stuart was a senator of Jersey. He lost his job and ended up being victimized for exposing child abuse in Jersey 10 week prison sentence

5. Community Care Survey – Jan 2015 • More than 50% of social workers have witnessed dangerous systems in their workplace, yet less than 15% feel they would be supported if they raised concerns • majority (57%) said their concerns were not investigated or taken seriously • 73% said no effective action had been taken • Many reported whistle blowers were bullied, ignored, victimised or had their practice called into question.

6. The research • “Bridging the Gap” research • Most trade unionists with experience of whistleblowing described the experience in negative terms • The main barriers are fear of reprisals and negative effects on career • Most people raise concerns only twice • The most common response is - nothing • The 2012 NHS Staff Survey found that: Although 90% of staff say they know how to report concerns Only 72% would feel safe raising concerns

7. Why do people not whistle blow? • Fear – repercussions from management and colleagues • Time – workload • Not mandatory • Small concerns might be dismissed • No knowledge of overall picture • Lack of knowledge about whistle blowing • Not promoted by organisation’s culture • Lack of support, advice and information

8. What are our internal mechanisms for whistle blowing?

9. And our external mechanisms? • BASW Whistleblowing policy: • Social workers should be prepared to report bad practice using all available channels including complaints procedures and if necessary use public interest disclosure legislation and whistleblowing guidelines • HCPC Standards of proficiency

10. Defining whistleblowing • Whistle blowing is when you speak out about something you are concerned about at work because you think it needs bringing out into the open for the public good • When people are at risk through bad practice or unacceptable behaviour, it is essential that we understand our responsibilities, the legal framework for taking action and the protection we should expect. • This can be a complex area!

11. The first question • Decide if it is a whistleblowing situation • Is it safeguarding, or complaint?Internal or external to one’s agency? – with outsourcing complicates the situation - commissioning • Read the whistle blowing policy and procedure where you work. It should tell you: • What type of concerns are covered • When and how a concern should be raised and who with

12. Whistleblowing or Grievance • Whistleblowing is where an employee has a concern about danger or illegality that has a public interest aspect to it • A grievance or private complaint is a dispute about the employee’s own employment position and has no additional public interest dimension • Whistleblowing and grievance are formal actions and processes • Bullying is coercion, intimidation, persecution and has direct and indirect impact upon whistleblowing and grievance • Grievances can be taken out by individuals but also collectively

13. Public Interest Disclosure Act 1998 (PIDA) ‘making a disclosure in the public interest’ • Qualifying disclosures: • someone’s health and safety is in danger • damage to the environment • a criminal offence • the organisation is not obeying the law • failure to comply with a legal obligation • miscarriages of justice • a deliberate attempt to cover up wrongdoing

14. The law PIDA was strengthened in 2013 by the Enterprise and Regulatory Reform Act. The information disclosed must be in the public interest, with a reasonable belief that the events are happening (or will happen) to gain protection from PIDA. Protects against bad treatment - unfair dismissal, detriment and victimisation.

15. The law ctd. • Legislation encourages and protects employees and workers to report internally. • Only in specific circumstances can concerns be raised externally and remain protected. • External reports can be made to: 1) to a prescribed body or regulator 2) to a wider audience e.g the press.

16. Amendments to the law • The Enterprise and Regulatory Reform Act received Royal Assent April 2013,which includes considerable amendments to PIDA which strengthened the protection for whistleblowers. • Protection to situations where workers are bullied and harassed by co-workers

17. Recent “lessons” • Whistleblowing summit held in May 2012 – NHS “Speaking Up Charter”; NHS helpline; • Winterbourne View highlighted the importance of whistleblowing in identifying concerns and in taking action to address these concerns swiftly • Recommendation 8 of the Francis report into Mid Staffs hospital trust says trusts should foster a culture of openness, honesty and insight. • The Berwick Review (“A promise to learn.....” 2013) reinforced the need to change the culture from one of blame and vilification of staff to one of openness and learning from mistakes”

18. Challenges • Public Interest Disclosure Act is an important backstop, it is not a substitute for culture of openness • We should acknowledge fears about whistleblowing – evidence of unfair dismissal, staff who have suffered detriment to job prospects and health, employment tribunals • Dilemmas for whistleblowers: • loyalty to colleagues v values • Fear of reprisals v professional standards • “grassing” v good practice • Students are not employees whilst on placement – difficult position

19. What can you do? Steps to consider • Don’t panic • Record concerns, evidence • Get advice • Internal disclosure (e.g. supervisor, safeguarding teams) • External disclosure • Regulators (e.g. CQC, Ofsted) • MPs and Councillors • Media

20. What can you do? Steps to consider Sources of advice – • University Practice Handbook • Workplace policy documents – Whistleblowing, Safeguarding • BASW • HCPC website • NHS whistleblowing helpline; • Public Concern at Work (a w/b charity)

21. References http://www.communitycare.co.uk/2014/07/09/basw-backs-amnesty-whistleblowers-institutional-child-abuse-following-government-inquiry-announcement/ Mandatory reporting of historic sexual abuse? http://cdn.basw.co.uk/upload/basw_121742-4.pdf BASW Whistleblowing policy https://www.gov.uk/whistleblowing/overview http://www.theguardian.com/society/2014/nov/22/there-were-hundreds-of-us-crying-out-for-help-afterlife-of-whistleblower

22. Sources of help and support • BASW SWU service or other trade unions • Your university • Care Quality Commission on 03000 616161 • OFSTED 0300 123 3155 (Children’s) • Whistleblowing helpline on 08000 724 725 • www.wbhelpline.org.uk (Adults) • Public Concern at work020 7404 6609

23. Conclusions Whistleblowing is a • Complex area • We have real problems You need to • Know your core values • Know the policies The golden rule is • Never go it alone Joe Godden j.godden@basw.co.uk