New safeguards to be brought in for NHS whistleblowers before the general election

NEW safeguards for NHS staff who report bad patient care will be rushed into law after a shocking report told how whistleblowers had been bullied to the brink of suicide for speaking out, the Government said yesterday.

Safeguards for whistleblowersGETTY

A shocking report revealed that NHS whistleblowers had suffered bullying

Health Secretary Jeremy Hunt wants legislation passed before May’s general election.

He immediately accepted all 20 “principles” in a hard-hitting report published by Sir Robert Francis.

The QC’s Freedom To Speak Up review followed his devastating findings two years ago about horrifically poor care at Stafford Hospital, where staff did not raise the alarm about major failures.

Sir Robert said the NHS still had a “serious problem” relating to staff’s willingness to expose failings, despite the transparency drive and new focus on patient safety and care which the Mid Staffs scandal sparked.

If we don’t get the culture right we will never deliver the ambitions we have for the NHS

Jeremy Hunt

Too many were afraid to raise concerns or had suffered terrible consequences after doing so.

Mr Hunt accepted Sir Robert’s report although he will consult on how best to implement its ideas.

Among measures the Government backs are that every NHS trust in England should have a “guardian” to hear whistleblowers and report directly to chief executives, with a national officer to help in serious cases where things go wrong.

Legislation to ban discrimination against whistleblowers when they seek other NHS jobs will be introduced as well as a support scheme to help those who lose their jobs.

All trusts will need processes to ensure staff’s concerns are heard and investigated properly.

“If we don’t get the culture right we will never deliver the ambitions we have for the NHS,” said Mr Hunt.

Sir Robert’s six-month review found that while there were examples of organisations supporting whistleblowers, too many staff were deterred from speaking up because they feared being “victimised” or that they would not be listened to.

Some told of being bullied, isolated and accused over their own conduct or mental health after they warned managers about problems.

“I’ve heard some frankly shocking stories about staff whose health has suffered, and in rare cases who’ve felt suicidal as a result of their perception of them being ignored or worse,” said Sir Robert.

“We heard all too frequently of jobs being lost, but also of serious psychological damage, even to the extent of suicidal depression.

“In short, lives can be ruined by poor handling of staff who have raised concerns.”

Jeremy HuntGETTY

Health Secretary Jeremy Hunt hopes to push legislation through before May's general election

He added that the NHS had still not adopted the correct culture of working, saying: "There is a serious issue within the NHS. It’s not just about whistleblowing, it is fundamentally a patient safety issue.

“The NHS is blessed with staff who want to do the best for their patients. They want to be able to raise their concerns free of fear that they may be badly treated when they do so and confident that effective action will be taken.

“Unfortunately I heard shocking accounts from distressed NHS staff who did not have this experience when they spoke up.

“I have come to the conclusion there must be a change of culture.

“No amount of legal or regulatory change will make it easier for staff to raise issues that worry them unless there is a culture which encourages and supports them to do so.”

Mr Hunt told the House of Commons: “The message that must go out today is that we are calling time on bullying and victimisation which has no place in the NHS.

“Today I will be writing to every Trust chair to underline the importance of a culture where frontline staff feel able to speak up about concerns without fear of repercussions.”

There was no reason why Trusts should not act immediately, without waiting for new law, he added.

Sir Robert said whistleblowers could often find themselves in a “toxic mix of grievance and disciplinary action impacting on every aspect of their lives” and bullying by managers and colleagues the most common complaint in written evidence to his inquiry.

Nearly a third of 19,000 people who responded to an online survey and who had raised concerns had felt unsafe afterwards with more than 1,000 feeling victimised. Fifteen percent who had not raised concerns blamed fear of repercussions for staying quiet.

NHS England chief executive Simon Stevens and the British Medical Association welcomed the report.

But the Unison union said the very fact that whistleblowers were needed meant fundamental NHS issues remained to be resolved.

Cardiologist Raj Mattu, who was sacked after blowing the whistle at Walsgrave Hospital in Coventry in 2001, said he would never recommend other NHS staff to voice concerns.

“It’s frustrating and depressing to hear that whilst there is often and periodically noises made about protecting whistleblowers, the reality is there are very few palpable, material changes that take place,” he said.

One opthalmologist spoke to BBC Radio 4’s Today programme anonymously. He remains in his job and is going through grievance procedures after being “bullied and ostracised” for raising concerns his department put time-keeping and cost ahead of patient care. Cases included diabetics he said returned with bleeding in their eyes months after being sent home without having had proper tests.

After he highlighted his fears, he found himself maligned as “inefficient and slow” and had some work withdrawn from him. He said it was made clear he should leave the already understaffed unit if he wanted his career to progress but he was determined to fight on.

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