Failure to protect whistleblowers a “stain” on NHS

MPs have said that the treatment of whistleblowers continues to be a stain on the NHS in England.

According to the Health Select Committee, the way staff who raise concerns are treated has undermined trust in the system.

The report adds that whistleblowers who are absolved should receive an apology and “practical redress”.

The report also says that the complaints system for patients is confusing and complex, and that health and social care should be covered by a “single gateway”. Despite reports and inquiries exposing failings in whistleblowing and complaint handling, significant shortcomings remain.

It says “The treatment of whistleblowers is a stain on the reputation of the NHS and has led to unwarranted, inexcusable pain for the courageous individuals affected.”

Although the report acknowledges that there have been attempts to bring about an open culture, encouraging staff to raise concerns, it states that these drives are “far from common” and warns that future whistleblowers may be discouraged from coming forward.

“This has undermined trust in the system’s ability to treat whistleblowers with fairness. This lack of confidence about the consequences of raising concerns has implications for patient safety.

Health Secretary Jeremy Hunt has embraced the report.

“We want to make the NHS the safest healthcare system in the world and we know that listening to patients and staff is absolutely vital to improve care.

“That’s why we’ve made hospitals legally obliged to apologise to patients when mistakes do happen, introduced complaints handling as a crucial element of tougher hospital inspections, and have asked Sir Robert Francis to produce an independent report on how to create a more open NHS culture” he said.

Katherine Murphy from the Patients Association said that the NHS must show that it is prepared to listen.

“Complaints are like gold dust – they should be welcomed, they are telling you something is not right.

Peter Walsh from the charity Action against Medical Accidents, said that while he valued the recommendations, he warned that progress had been too slow.

“This is just the latest in a long line of reports and we now demand action to improve what has been a failing system.”

Dr Kim Holt, founder of the charity Patients First and former whistleblower, said “I am really pleased that a suggestion has been made that historic whistleblower cases are looked at and practical ways found of providing redress for them. That is a really amazing step forward, but the system needs an overhaul.

“We no longer want to see people on long-term suspensions, sick leave or dismissed for speaking up. The link between bullying and raising concerns is a close one and our key issue to be addressed is the one of bullying, which creates fear and desperation.”

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Posted by Tony May, Partner/head of Clinical Negligence Department, Chadwick Lawrence LLP (tonymay@chadlaw.co.uk ), Medical negligence lawyers and clinical negligence solicitors in Huddersfield, Leeds, Wakefield and Halifax, West Yorkshire.

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