Speaking out
In support of the article In the news: the Care Quality Commiison, on page five of the 29 June 2011 issue of RCN Bulletin.
Following a BBC Panorama report which highlighted abuse of vulnerable adults in a Bristol care home, RCN Senior Legal Adviser David Gardiner answers your questions on speaking out.
Which act is relevant to speaking out or whistleblowing?
The Public Interest Disclosure Act 1998. This became law on 2 July 1999 and is applicable in England, Scotland and Wales. Equivalent provisions apply in Northern Ireland in the Public Interest Disclosure Order 1998.
Why was the act introduced?
This act reflects public concern about the difficulties for workers in being able to speak out when they believe something is seriously wrong in their workplace. Many individuals feel they may be victimised and that they need protection if they are to raise their concerns.
What protection does the act provide?
The act protects whistle-blowers from victimisation and dismissal when they speak out, but their concerns must be genuine and must have been raised (unless there are very good reasons for
not doing so) internally or with a specified, prescribed person.
Does the RCN have any advice on this?
Yes – take a look at the RCN publication Blowing the whistle (PDF 107KB) [see how to access PDF files]. This leaflet summarises the whistleblowing legislation and describes how nursing staff can disclose facts about work situations causing them concern.
Do registered nurses need to consider anything else?
Yes. Registered nurses should also consider their Nursing and Midwifery Council (NMC) code of professional conduct which states:
- you must act without delay if you believe that you, a colleague or anyone else may be putting someone at risk
- you must inform someone in authority if you experience problems that prevent you working within this code or other nationally agreed standards
- you must report your concerns in writing if problems in the environment of care are putting people at risk.
When would it be appropriate to discuss workplace concerns externally?
In most cases it will be only appropriate to disclose your concerns externally when you have exhausted the relevant internal policies of your employer.
Where can I find more information if I am concerned about care of the elderly?
Read the NMC guidance Older people and their carers. Useful information can also be found in Safeguarding adults – also available on the NMC website.
Can I report my concerns to the RCN?
Yes. The RCN has a Raising Concerns Raising Standards form which you can complete if you have concerns over clinical and staff safety in your workplace. However, it is important that you remember to raise concerns directly with your employer - registered nurses have a duty under the NMC to report concerns where patient care may be affected.
The Raising Concerns Raising Standards initiative is not an alternative to raising issues with your employer but the RCN is keen to hear of any issue that you think impinges on patient safety and the steps you have taken to get the matter resolved. If you complete the form the RCN will ensure that your concerns are made known to your RCN country or regional office.
What should I do if service cuts are impacting on patient care?
NHS employees are encouraged to report concerns about cuts to jobs and services to the RCN. Visit the RCN Frontline First website for more information.
We welcome your feedback on RCN Bulletin. Please email bulletin@rcn.org.uk