Whistleblowing
Scope of this chapter
Put simply, whistleblowing means speaking out against poor practice (blowing the whistle).
The service encourages all staff to follow the guidance in this chapter and speak out to raise any concerns they have, so that appropriate action can be taken to safeguard the people we support and any other affected adults, carers or children.
Relevant Regulations
Regulation 12: Safe care and treatment
Regulation 13: Safeguarding service users from abuse and improper treatment
Related Chapters and Guidance
A concern should be raised as soon as possible after the poor practice has been observed.
In the context of whistleblowing, poor practice is any action that:
- Compromises the safety or wellbeing of an adult with care and support needs;
- Compromises the safety or wellbeing of any informal carers; or
- Compromises the safety of a child.
It does not matter whether the poor practice is internal (within our service) or external (e.g., a visiting professional).
If you require advice about whistleblowing before raising a concern you can contact the Whistleblowing Helpline anonymously:
Tel: 08000 724 725
Email: enquiries@wbhelpline.org.uk.
Internal concerns are those relating to practice within our service i.e., the actions of your colleagues.
Concerns should be raised to your line manager, unless the concerns relate to them. In this case, you should speak to their line manager or the registered person. Under the Public Interest Disclosure Act 1998, you must be provided with a private and safe space to raise your concerns and be listened to.
If the concerns relate to the registered person, it is normally appropriate to report your concerns to the Care Quality Commission.
See: Raising a concern with CQC
Tel: 0300 061 6161
Email: enquiries@cqc.org.uk
You are not legally required to provide any evidence to support your concern, but any evidence that you do have should be provided. For example:
- When and where an incident occurred;
- Any other potential witnesses;
- A letter, email, text message.
External concerns relate to the practice of visiting professionals and other service providers. For example, a day service or social activity provider.
External concerns should be raised in line with the whistleblowing procedures of the relevant organisation. If this is not clear, you should contact their Head Office or other central point of contact.
You are not legally required to provide any evidence to support your concern, but any evidence that you do have should be provided. For example:
- When and where an incident occurred;
- Any other potential witnesses;
- A letter, email, text message.
Under the Public Interest Disclosure Act 1998, the service has a legal requirement to take all concerns seriously. You are also legally protected against any victimisation, discrimination or disadvantage experienced as a direct result of speaking out. Put simply, this means that you cannot be redeployed, dismissed, demoted or have any other action taken against you just because you have raised a concern.
As far as it is possible, all concerns will be treated in confidence and every effort will be made not to reveal your identity to colleagues.
The service is committed to investigating all concerns raised and taking all necessary and appropriate action to address poor practice and reduce the risk of harm occurring.
If you feel that your concerns have not been managed properly, or that you have been unfairly disadvantaged as a result of raising them, you can report this to the Care Quality Commission (CQC).
See: Raising a concern with CQC
Tel: 0300 061 6161
Email: enquiries@cqc.org.uk
Under the Public Interest Disclosure Act 1998, any organisation receiving a whistleblowing concern has a legal requirement to take it seriously.
If you feel that this is not happening, you may wish to approach a relevant regulatory body. For example:
- Social Work England (social workers);
- The Health and Care Professionals Council (OT’s);
- The Nursing and Midwifery Council;
- The General Medical Council (GP’s);
- The Care Quality Commission –other regulated providers.
Sometimes the outcome of the investigation will be that the allegations made are unfounded (not true based on the available evidence).
If the original concern was raised in good faith, no further action will be taken.
If the original concern was raised maliciously, or for personal gain, the service may decide to act against the staff member that raised it.
If the nature of the concern indicates that the person being supported is experiencing, or at risk of experiencing abuse or neglect, a safeguarding concern should also be raised to the local authority.
For further guidance see:
Depending on the nature of the concerns raised and outcome of the investigation, there could be a legal requirement to notify the Care Quality Commission and/or commissioners.
For guidance on CQC notifications see Notifications: Guidance for non-NHS trust providers.
Information about notifications to commissioners will be found in the contract between the service and the commissioning body.
If you are a student on placement, whistleblowing concerns should still be raised to address poor practice. However, please be aware that the protections in the Public Interest Disclosure Act 1998 do not apply. This means that prior to raising a concern you should always seek advice from your University tutor, lecturer or mentor, a trade union or the Whistleblowing Helpline (details above).
Last Updated: February 8, 2022
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