The Scottish Government and NHS Scotland are committed to ensuring a culture of openness, transparency and candour, where staff are actively encouraged to speak up about wrongdoing and malpractice within their organisation, particularly in relation to patient safety, without fear of recrimination.
Following the Freedom to Speak Up review and NHS Highland review, the Health Secretary wrote to all health boards asking them to consider the recommendations and look again at the effectiveness of their own internal systems, leadership and governance.
Over the past few years Scottish Government officials have worked closely with our partners to develop a package of supportive measures that encourage and support staff to raise any concerns they may have.
This webpage provides useful background information to those who are appointed as non-executive Whistleblowing Champions (WBCs) for Boards, and includes frequently asked questions.
Freedom to Speak Up
The Freedom to Speak up Review chaired by Sir Robert Francis QC, was published in February 2015.
Whilst the report and its recommendations relate to NHS England, the Scottish Government took the opportunity to consider the findings in relation to their existing whistleblowing policy and frameworks and to change NHS Scotland’s whistleblowing approach.
https://www.gov.uk/government/publications/sir-robert-francis-freedom-to-speak-up-review
Sturrock Review
The review of Culture in NHS Highland by John Sturrock QC was commissioned by Scottish Government in response to allegations of a bullying culture in NHS Highland. The review was conducted in November 2018 and the report was published in May 2019.
Whilst the allegations centred around a “systematic culture of bullying”, there were also allegations that NHS Highland had been suppressing clinicians’ concerns.
The Scottish Government response can be viewed here: https://www.gov.scot/publications/scottish-government-response-report-bullying-harassment-nhs-highland/
The Whistleblowing Champion Role
The WBC is appointed as a non-executive board member who monitors and supports the effective delivery of the organisation’s whistleblowing policy. This role has been developed by the Scottish Government and complements the work of the Independent National Whistleblowing Officer (INWO).
The WBC is predominantly an assurance role which helps NHS boards comply with their responsibilities in relation to whistleblowing. The WBC provides critical oversight and ensures managers are responding to whistleblowing concerns appropriately, in accordance with these National Whistleblowing Standards. The WBC is also expected to raise any issues of concern with the board as appropriate, either in relation to the implementation of the National Whistleblowing Standards, patterns in reporting of concerns or in relation to specific cases.
The WBC role does not become operationally involved in whistleblowing cases and does not have any personal authority or powers in relation to individual cases.
The WBC has a responsibility to seek assurance that:
- Staff are actively encouraged and supported to report any concerns about patient safety or malpractice they may have.
- Boards have systems in place that are used and monitored appropriately to ensure that all reported concerns are investigated in a timely and appropriate way.
- Boards have systems in place to ensure that any learning from Whistleblowing concerns is identified, shared and used to deliver improvements where appropriate.
- The staff member (the whistleblower), and any other staff member implicated in the reported concern, is supported and updated on progress throughout the process. Boards should have systems in place to protect from detriment anyone who raises a concern.
- The outcome is fed back to the member of staff who raised the concern, and any resultant recommended actions are progressed by the Board.
- Any detriment or potential detriment to the whistleblower is properly addressed.
It should be noted that although this is a dedicated role, it is undertaken on behalf of the Board. All board members including the Whistleblowing Champion retain collective responsibility for Board governance.
This role provides for the WBC to raise concerns/issues with the system of governance in a Board in relation to whistleblowing, it is not possible for the WBC to also take on the role of Board Chair or Vice Chair within NHS Scotland. Taking on the role of Chair of an IJB may be considered, however, it would need to be clearly established that there is no conflict of interest (perceived or actual) and the time commitment is acceptable.
The WBC may be appointed to other NHSScotland Board or Committee roles provided that the Board is satisfied as to the management of potential conflicts of interest and the time commitments.
Measures to support and promote Whistleblowing
The Independent National Whistleblowing Officer (INWO), implemented in April 2021, provides an effective mechanism for external review where those delivering services on behalf of the NHS Scotland in Health Boards, primary care and independent provider settings have a concern about how their case has been handled.
Policy Programme
The Once for Scotland policy programme is refreshing the extant Partnership Information Network (PIN) policies in order to deliver standardised policies and supporting documents which are accessible, simplified, and person-centred to ensure consistent treatment of staff throughout NHSScotland.
You can read more about the Once for Scotland programme here: https://www.staffgovernance.scot.nhs.uk/partnership/once-for-scotland-workforce-policies/
The Whistleblowing Standards were developed by the SPSO and published in April 2021. These Standards set out how NHSScotland service providers should handle concerns that have been raised with them that meet the definition of a ‘whistleblowing concern’.
NHSScotland Staff Governance Standards
The NHSScotland Staff Governance Standards includes the specific responsibility of employers to ensure that it is safe and acceptable for staff to speak up about wrongdoing or malpractice within their organisation, particularly in relation to patient safety. The Standard also places a responsibility on staff to speak up when they see practice that endangers patient safety and/or which causes upset and alarm in the workplace in line with the whistleblowing policy. The full Staff Governance Standards can be viewed here: NHSScotland Staff Governance standards.
Frequently Asked Questions
Q: How will the Whistleblowing Champions provide the intended safeguards?
A: The aim of this role is to further promote and support a culture of openness and transparency in NHS Scotland, where all staff feel confident to raise any concerns they may have in the knowledge that they will be supported and their concerns properly investigated. The WBC will seek and provide assurance that their Health Board is complying with the National Whistleblowing Standards and applying policy appropriately, including ensuring the Board demonstrates it is learning from Whistleblowing concerns.
Q: If a complaint is raised directly with the Whistleblowing Champion, what should they do?
A: It is not the role of the WBC to investigate whistleblowing cases raised directly with them. If contacted directly, the whistleblowing champion would be expected to direct the whistleblower to the appropriate confidential contact in the Board who will be able to facilitate access to the National Whistleblowing Standards. They may also wish to consider signposting to the Board Executive Lead for whistleblowing.
Q: As the Whistleblowing Champion also has the standard responsibilities of any other non-executive Board members – what is the planned time allocation for the role of Whistleblowing?
A: The WBC is appointed as non-executive member of the Board just like other non-executives and is likely to sit on Board Committees. The time commitment for the role as specified in the recruitment pack is the same as other non-executive members – i.e. on average 8 hours per week, although candidates will be aware that there is likely to be an extra time commitment at the start of the appointment to familiarise themselves with the role and the Board. The Board Chair will discuss with each member how that time commitment will be spent. The discussion with the WBC will include a consideration of the key elements of the WBC role within the Board, as well as their other general duties as a non-executive.
Q: How can staff be assured of confidentiality whilst organisational issues are raised and addressed?
A: As with all other Board members, the WBC will have a professional obligation to maintain confidentiality when organisational issues are raised and addressed. Any breach of this could be considered by the Commissioner for Ethical Standards in Public Life in Scotland. Anyone wishing to confidentially raise whistleblowing concerns should be signposted to the board’s confidential contact or the INWO.
