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27.05.16

Consultation finds support for whistleblower guardian, but concerns about independence

Concerns have been raised about whether the new National Guardian for whistleblowers is suited for the post, following a consultation by the CQC.

Although 44 out of 61 respondents to the consultation agreed with the proposed scope of powers for the National Guardian, many respondents expressed concern about the fact that the guardian’s remit does not extend to social care and is not supported by statutory powers.

They also raised concerns about the fact that the National Guardian will be appointed by the CQC chief executive, saying that this could compromise their independence.

In the foreword to the report, David Behan, chief executive of the CQC, and Sir Robert Francis, non-executive director and author of the ‘Freedom to Speak Up’ report, said: “The evidence clearly shows that many people who work in the NHS are fearful of speaking up.

“It is important that every part of the NHS develops a culture in which it is entirely normal to raise issues about safety, quality and effectiveness of the service. Those issues must be addressed and the people who raise them must be protected from any adverse consequences arising out of their disclosures.”

The CQC said that a memorandum of understanding, agreed between the National Guardian, the CQC, NHS England and NHS Improvement, would help ensure that their suggestions are taken seriously.

It said that in order to preserve their independence, the National Guardian’s office would operate separately from the CQC, without sharing information, and the National Guardian would not sit on the CQC board.

Correspondents also recommended that a network should be established between the new Freedom to Speak Up guardians, in order to prevent them from becoming isolated.

The CQC is currently interviewing candidates for the National Guardian position, following Dame Eileen Sills’ resignation after just two months in the post.

A recent independent investigation on behalf of the NHS Trust Development Authority criticised the Royal Wolverhampton trust for failing to properly handle whistleblowing complaints from a former employer.

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