shonali routray from public concern at work (ppt, 1.15mb)

© 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

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© 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

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© 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