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Protection for NHS whistleblowers

Health staff who raise concerns about poor patient care will be protected by changes to the NHS Constitution in the future.

It will be made clear that ‘whistleblowing’ is the duty of all NHS workers, despite a number of high-profile cases suggesting that those who raise concerns have faced being either ignored or victimised.

There are many examples of staff who have raised concerns finding their careers in jeopardy, and media investigations by the BBC, Private Eye magazine and Channel 4 news, among others, have drawn further public attention to the issue, and suggested that many NHS organisations have ignored rules banning ‘gagging clauses’ against whistleblowers who end up being paid off and dismissed.

In a 2009 report, the Health Select Committee found the NHS “largely unsupportive of whistleblowing” and said staff were “fearful about the consequences of going outside official channels to bring unsafe care to light”. This report was one of the drivers for the planned new changes.

Following a public consultation on the topic, changes will be incorporated into the new NHS Constitution from early 2012. These include an expectation that staff should raise concerns at the earliest opportunity, and a pledge for organisations to support staff and investigate any claims fully.

Health Secretary Andrew Lansley said: “The first lines of defence against bad practice are the doctors and nurses doing their best to care for patients. They need to know that they have a responsibility to their patients to raise concerns if they see risks to patient safety. And when they do, they should be reassured that the government stands full square behind them.”

Dean Royles, director of the NHS Employers organisation, said: “We all want to ensure we provide the best possible care. The Government's recommended changes to the NHS Constitution are very welcome and reinforce the responsibilities of staff and employers to report concerns and act on them. They also provide greater clarity to give staff the confidence to report concerns.

“Setting out duties and guidance with clarity is clearly helpful in ensuring that concerns are reported. Protecting patients is of paramount importance and employers have worked hard to improve procedures and policies for reporting any concerns about patient care. This guidance will help embed a culture where this becomes part of the organisations' DNA.”

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