The Public Interest Disclosure Act 1998

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The Public Interest Disclosure Act 1998

• Will It Protect the Whistleblower in the National
  Health Service?
• Linnette King RN, RNT, LLM, MSc, PGDip Education,
  BSc(Hons)
• University of Brighton

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Session Aim and Outcomes

• To promote awareness of the principles of the
  public interest disclosure act
• To further responsible governance
• To enable a review of working attitudes

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General Aims of PIDA

• The Act was a response to the public exposure of
  disasters and malpractice
• It provides comprehensive legal protection for
  whistleblowers
• To provide protection from victimisation
• Encourages collaboration and openness in
  organisations
• And for employers to provide constructive
  framework for public interest disclosure

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Whistleblowing

• This is when someone speaks out regarding a
  concern which they reasonably believe should be
  in the public interest or domain

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Plethora of Public Scandals

• Bristol Royal Infirmary major inquiry
• Alderhay mass storage of organs
• Eastbourne nursing review
• North Wales child abuse cases
• Harold shipman serial killer
• Rodney Ledward 16 years of malpractice
• Bryan Bladon nursing home elder abuse

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Common Themes

• Concerns raised by conscientious employee(s)
• Exposure of malpractice, corruption, illegal
  activity, fraud or harmful activities
• Ensuing enquiry
• A lack of any clear accountability
• Poor management systems
• A culture of secrecy
• Closed systems in working practice
• Poor standards/quality of patient care

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A Telling Quote

• The NHS seems to spend inordinate time and
  resources in displaying in the industrial
  tribunal, a standard and style of industrial
  relations which were quite unique in their
  respective insensitivity and arrogant
  incompetence.
• (John Hendy QC 1995)

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Whistleblowing Dilemmas

• Breach of confidentiality of patients, others,
  organisation
• Suspicions only, no real proof
• Fear of victimisation, reprisals, etc.
• Loss of work, promotion prospects
• Financial loss
• Personal intimidation

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Questions to Consider

• Who does the Act apply to?
• What disclosures would qualify for protection?
• Where/when would this matter for concern be
  happening?
• How would you whistleblow responsibly?
• What guidance are you aware of in your workplace
  to raise concerns?
• Why and when would you raise a concern outside of
  the organisation?

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Some Brief Answers

• Covers a broad range of workers
• Reasonable belief of criminal, fraudulent,
  injustice, malpractice, or danger to health and
  safety and/or the environment
• Concern can be past, present or future
• And made in good faith
• Reasonable guidance/policy for workplace
  whistleblowing?
• Concerns can be made to prescribed
  persons/appropriate authorities

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More Brief Answers

• Employers should establish effective reporting
  procedures for employees to access
• External whistleblowing is accepted when it is
  recognised that there is no procedure to follow,
  no apparent action internally, fear of
  retribution, or any likely cover-up, or matter of
  very serious public concern

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What Policies Have Employers Put in Place?

• Survey of 11 NHS Trusts (King 2000)
• 3 had up-to-date policies
• 3 had outmoded policies
• 3 had no policy
• 2 gave no response

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Overall Answers

• Provide quality care by protecting patients,
  organisation and environment from further human
  tragedy
• All health care practitioners must accept their
  accountability in work
• Emphasis on responsible governance
• A whistleblowing policy which will help to
  clarify who is responsible for what and to whom

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Key References

• Department of health. 2000. Guidance on
  implementation of code of practice on openness in
  the NHS
• Employment Rights Act 1996 as amended by the
  Public Interest Disclosure Act 1998
• http//www.pcaw.demon.co.uk/