Whistleblowing Policy

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1.0 Introduction

1.1 All of us at some time may have concerns about what is happening at work. When such issues are about possible unlawful conduct, financial malpractice or concerns about the quality of patient care, it can be difficult to know what to do. Individuals may be worried about raising such issues for a variety of reasons.

1.2 Clinical Partners has introduced this policy to give guidance, as we would rather the matter was raised when it is just a concern, rather than wait for proof.  Clinical Partners believes by doing so, this would be in the best interests of the public, patients, carers, staff and the organisation in the longer term.  

2.0 Purpose

2.1 The aim of the whistleblowing policy and procedure is to encourage an open culture within Clinical Partners and to reassure staff and Clinicians working with the organisation, that concerns raised correctly under this policy will be listened to and acted on appropriately.  

2.2 It is an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. Staff who raise concerns that they reasonably believe are in the public interest are protected from adverse treatment by the organisation or from suffering a detriment, such as bullying or harassment, from another worker. 

3.0 Scope

3.1 This policy has been developed in response to the Public Interest Disclosure Act 1998, whereby employees and workers who raise legitimate concerns about specified matters, or “protected disclosures”, are protected from being treated badly or dismissed. The policy sets out the responsibilities of employees and other workers and enables management to demonstrate accountability. 

3.2 The Policy complements various professional or ethical guidelines and codes of conduct in which the professional bodies acknowledge the responsibilities of professional healthcare workers to raise serious matters of concern. 

4.0 Issues of concern which may be raised include:

• Healthcare matters, e.g. suspected negligence, mistreatment or abuse of patients; issues relating to the quality of care provided  

• Concerns about the professional or clinical practice or competence of colleagues, other members of staff or other workers 

• The treatment of other staff, including suspected harassment, discrimination or victimisation 

• Health, safety and environment issues  

• Suspicion or knowledge of theft, fraud, corruption, bribery allegations or other financial malpractice  

• Employment standards and/or working practices  

• Criminal offences or miscarriages of justice  

• Failure to comply with any other legal obligation  

• Deliberate concealment of any of the above  

5.0 Whistleblowing disclosures 

5.1 Disclosures that would be protected under the law are: - any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following: 

• that a criminal offence has been committed, is being committed or is likely to be committed 

• that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject 

• that a miscarriage of justice has occurred, is occurring or is likely to occur 

• that the health or safety of any individual has been, is being or is likely to be endangered 

• that the environment has been, is being or is likely to be damaged 

• that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed

5.2 It is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

5.3 These acts can be in the past, present or future, so that, for example, a disclosure qualifies if it related to environmental damage that has happened, is happening, or is likely to happen.  Clinical Partners will take any concerns that you may raise relating to the above matters very seriously. 

5.4 Employment Rights Act 1996 as amended 2015 and 2018 provides protection for workers who ‘blow the whistle’ where they reasonably believe that some form of illegality, injustice or breach of health and safety has occurred or is likely to occur.  The disclosure has to be “in the public interest”. We encourage you to use the procedure to raise any such concerns. 

5.5 Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest. These issues should be reported using the Grievance Policy.

6.0 Procedure

6.1 In the first instance you should report any concerns you may have to the Registered Manager who will treat the matter with complete confidence. 

6.2 The Registered Manager will listen to your concern and decide if any action is needed. You may be asked for further information.

• You must say straight away if you do not want anyone else to know it was you who raised the concern.

• You will not have a say in how your concern is dealt with.

• We will keep you informed about the action taken, but may not be able to give you much detail if we have to keep the confidence of other people.

6.3 If you are not satisfied with the explanation or reason given to you, you should raise the matter with a Director within Clinical Partners. If you still have concerns, you should approach the appropriate official organisation or regulatory body such as the Care Quality Commission. If you report your concern to the media, in most cases you’ll lose your whistleblowing law rights.

6.4 Be assured that Clinical Partners takes whistleblowing very seriously and you will not be ignored but listened to and supported throughout any investigation and outcome. Clinical Partners actively encourages their staff to speak out when they consider something to be wrong or of concern. 

7.0 References