Whistleblowing is one of the most serious claims an employee can bring against their employer. Whistleblowing & claims can result in substantial reputational and financial (compensation) damage for your business or organisation.
What is Whistleblowing?
Whistleblowing involves a worker raising concerns about malpractice, risk, wrongdoing, or potential illegality that harms or poses a risk to service users, colleagues, or the public. Ideally, these concerns should be addressed by the employer. However, if management fails to appropriately respond, or if the worker lacks confidence in the management’s ability to handle the concerns, they can disclose them to a ‘prescribed body’ like the CQC. The Public Interest Disclosure Act 1998 (PIDA) protects workers from workplace reprisals if they genuinely believe the concerns they raise are valid.
Difference Between Whistleblowing and Complaints
Whistleblowing is distinct from complaints or grievances. Whistleblowing pertains to concerns raised by workers about something witnessed in their workplace, whereas complaints are typically made by service users, their relatives, or representatives through the service’s complaints procedure.
The Care Quality Commission (CQC) has a structured process for handling whistleblowing disclosures from providers registered with them. Here’s a summary of how they manage these concerns:
- Confidentiality: CQC ensures that whistleblowers’ identities are kept confidential unless there are legal reasons to disclose them, such as safeguarding concerns or criminal offences.
- Reporting: Whistleblowers can report concerns via phone, email, letter, or in person1. They are encouraged to provide as much detail as possible to help CQC follow up on the concerns.
- Initial Assessment: A specially trained team at the National Customer Service Centre processes all whistleblowing concerns1. The local Compliance Inspector for the service in question will follow up on the information provided.
- Investigation: If the disclosure involves possible harm or abuse, CQC will make a safeguarding alert to the local authority and may conduct an inspection.
- Follow-up: The local Compliance Inspector actively monitors the progress and outcome of the local authority’s investigation1. CQC may also notify another regulator or official body if appropriate.
- Support for Whistleblowers: CQC provides guidance and support to whistleblowers, including advising them to seek independent advice if needed.
Importance of a Whistleblowing Policy
CQC emphasizes the importance of having a whistleblowing policy and encourages providers to make it available to their employees.
Having a whistleblowing policy and procedure is crucial for service providers. It creates an open culture where workers feel confident to report concerns and ensures those concerns are thoroughly investigated and addressed. A clear, accessible policy encourages early reporting of issues, making it easier for employers to address concerns promptly. Additionally, promoting whistleblowing can enhance the employer’s and service provider’s reputation.
CQC’s Advice to Registered Providers
Registered providers must adhere to regulations and national standards of quality and safety. Providers should create an environment where staff feel supported to raise concerns without fearing recrimination. Providers are advised to inform staff of their rights under PIDA and to make it easy for staff to raise concerns. Large organisations may designate senior managers or impartial outside parties to receive concerns confidentially.
How CQC Handles Whistleblowing Disclosures
CQC’s response to a disclosure depends on the concern’s nature and severity. They determine if the concern falls within their regulatory duties and whether they are the appropriate organisation to investigate. If necessary, CQC may involve other organisations, like the General Medical Council, to address specific issues. CQC emphasizes that staff should attempt to raise their concerns with their employer first, but they will still respond if this has not been done.
This overview covers the main points of CQC’s guidance on whistleblowing for registered providers, emphasizing the importance of having a clear policy, supporting staff in raising concerns, and ensuring those concerns are properly addressed.
Kings View Resolutions
Whistleblowing is one of the most serious claims an employee can bring against their employer. Whistleblowing & claims can result in substantial reputational and financial (compensation) damage for your business or organisation.
Whistleblowing is often incredibly complex and technical in nature. We help business and organisations with advice on how best to protect themselves from disclosures and claims arising from whistleblowing.
It is strongly advisable that businesses and organisations take legal advice as the first step to maximise protection.
Drawing on over 30 years’ combined experience, we can advise businesses and organisations on their rights and how to protect themselves from reputational and financial (compensation) damage and implications.
We can assist and advise businesses on matters, including:
- Whistleblowing policies
- Working ethos and culture
- Staff training and awareness
- Regulatory advice
- Advice on how to approach and deal with internal investigations and reviews
- Advice on how to deal and interact with whistleblowers
- Advice on interrelated and associated policies and procedures
- Representation in any legal and regulatory matters arising from staff whistleblowing
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Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.