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© PCaW 2009
November 2009
© PCaW 2009
© PCaW 2009
PCaW is an independent charity, founded in 1993. We provide:
free confidential advice to people concerned about wrongdoing in the workplace who are unsure whether or how to raise their concern,
train organisations on accountability, whistleblowing and risk management,
campaign on public policy, and
promote public interest whistleblowing laws.
© PCaW 2009
© PCaW 2009
© PCaW 2009
Lives & livelihoods destroyed
£££ millions in fines, compensation & insurance
Crisis management
Jobs lost & reputations ruined
Loss of public confidence
Regulatory response
© PCaW 2009
© PCaW 2009
All too often the inquiries into these disasters and scandals have shown that staff knew of the dangers before any damage was done but had:
been too scared to speak up;
spoken to the wrong people; or
raised the matter only to be ignored.
© PCaW 2009
© PCaW 2009
Keep quiet?
Go Outside?
Raise internally?
A concern about
malpractice
© PCaW 2009
© PCaW 2009
Promotes and protects open whistleblowing
Tiered disclosure regime, which emphasisesinternal whistleblowing, regulatory oversight and recognises wider accountability
Signals a change in the culture
International benchmark
© PCaW 2009
© PCaW 2009
Applies to almost every worker
Wide definition of wrongdoing
Application overseas
Burden of proof reversal
Full compensation
Impacts on gagging clauses and secrecy offences
© PCaW 2009
© PCaW 2009
Genuine suspicion
Substance to the
concern
Valid cause to go wider
The actual disclosure is reasonable
Internal disclosure
Regulatory disclosure
Public disclosure
Lord Nolan’s praise for ‘so skillfully achieving the essential but delicate balance between the public interest and the interest of the employees’.
© PCaW 2009
© PCaW 2009
A lead from the top
Safety valve communication channel outside the line
Default is open reporting but respect confidentiality
Provide internal and external options
Avoid defensive legalistic terms
Distinguish whistleblowing from grievances and bullying
Access to independent advice
Promote policy effectively
© PCaW 2009
© PCaW 2009
Internal audit and review:
Concerns - volume
Concerns – substance
Adverse incidents?
Assessing trust and confidence
Other information?
© PCaW 2009
Audit Commission whistleblowing performance audits:
Minimal – Policy has been communicated to staff and parties contracting with the body
Good – Policy is publicised within the body and demonstrates the body’s commitment to providing support to whistleblowers
Excellent – Track record of effective action in response to whistleblowing disclosures. Periodic reviews of the effectiveness of the arrangements and also effective arrangements for receiving and acting upon information from members of the public
© PCaW 2009
Policy conforms to good practice
Buy-in (those in charge)
The right start (practical implementation)
Communication & confidence (staff)
Briefing / Training (designated officers & managers)
Logging concerns (formal)
Reviewing the arrangements
© PCaW 2009
Sarah was a care assistant in a small, private nursing home and worked for years with Joan, a senior nurse. They worked together on the dementia ward and Sarah considered Joan to be a friend. Sarah noticed Joan had started to treat everyone in an off-hand way. Sarah did not mind for herself but began to worry about the effect on residents. Sarah heard Joan shout at the residents and then found out Joan had been sedating a particularly difficult resident without a prescription. Sarah tried to speak to Joan, but Joan’s only response was that the doctor would prescribe it soon anyway and that she was just giving everyone a bit of peace. One night when a resident got out of bed shouting, Sarah saw Joan put her hands briefly around the woman’s neck before pushing her back to her room. Sarah then heard screams coming from behind the door.
© PCaW 2009
The following day a locum GP visited the home and Sarah mentioned to him that she was worried that a colleague was being rough with residents. The GP told Sarah she should report it and she could get advice from PCaW. Sarah rang and PCaW talked her through her options. At first, Sarah said she did not trust the new manager but was worried about what would happen if she went outside the home to the care inspectors. Sarah then said that she thought the manager would take issues of care seriously and PCaW suggested Sarah ask to meet him privately to explain her concerns. The next day Sarah spoke to the manager and he began an immediate investigation. Though initially denying a problem, other staff began to describe incidents that Sarah knew nothing about and Joan was suspended. The police were called in and ten months later Joan was convicted and jailed for two years.
© PCaW 2009
PCaW websitewww.pcaw.co.uk
BSI Code of Practice on Whistleblowing Arrangementshttp://www.pcaw.co.uk/bsi/index.php
© PCaW 2009