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Showing results for tags 'Whistleblowing'.
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Content ArticleWhistleblowing is crucial to a free and open society. The APPG Whistleblowing is committed to bringing forward root and branch reform that protects every person from the mistreatment whistleblowers are currently subjected to. The whistleblowing manifesto aims to bring forward these reforms. The Bill will establish the Office of the Whistleblower to ensure that every citizen is protected, that legitimate concerns are investigated, and that those people and institutions are prosecuted when they breach the law.
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Content ArticleThere are over 850 Freedom to Speak Up guardians in NHS primary and secondary care and independent sector organisations, national bodies and elsewhere who work to ensure workers can speak up about any issues which have an impact on their ability to do their job. For Speak Up month, the National Guardian Office find out more about the people behind the role in the 'Stuck in a lift' interviews.
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News ArticleChildren say they were "treated like animals" and left traumatised as part of a decade of “systemic abuse” by a group of mental health hospitals, an investigation by The Independent and Sky News has found. The Department of Health and Social Care has now launched a probe into the allegations of 22 young women who were patients in units run by The Huntercombe Group, which has run at least six children’s mental health hospitals, between 2012 and this year. They say they suffered treatment including the use of “painful” restraints and being held down for hours by male nurses, being stopped from going outside for months and living in wards with blood-stained walls. They also allege they were given so much medication they had become “zombies” and were force-fed. But despite reports to police and regulators dating back seven years, and findings by the Care Quality Commission (CQC) that the units were inadequate, the NHS has still handed Huntercombe nearly £190m since 2015-16 to admit children to its mental health beds. Through witness testimony, documents obtained by Freedom of Information request and leaked reports, the investigation has uncovered: The CQC has received more than 700 whistleblowing and safeguarding reports, including “incidents of concern” and several “sexual safety” concerns. NHS England was notified of 195 safeguarding reports between 2020 and 2021. A 2018 internal report at Meadow Lodge hospital in Newton Abbot (now closed) found staff members using sexually inappropriate language in front of patients. 160 reports investigated by Staffordshire police about Huntercombe Staffordshire between 2015 and 2022. Between March 2021 and 2022, the CQC gave permission for 29 patients to be admitted to Maidenhead hospital after it was placed in special measures. Read full story Source: The Independent, 27 October 2022
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News Article
Leadership review launched at ‘outstanding’ trust
Patient Safety Learning posted a news article in News
The Care Quality Commission has launched a review of leadership at an “outstanding”-rated specialist trust, after receiving multiple concerns from whistleblowers. The regulator is understood to have made an unannounced visit to The Christie Foundation Trust within the last week to inspect its medical services. The review will also cover the trust’s overall leadership. HSJ understands the review is, at least, partly in response to the regulator receiving a number of concerns from whistleblowers about the trust’s leadership culture and behaviour of senior staff. It comes after the trust came under scrutiny from NHS England last year, with independent reviews finding there had been multiple failings around the handling of a major research project. The reviews also criticised the trust’s reaction to staff who had raised concerns, but failed to answer a key accusation that was made about the detriment suffered by whistleblowers. Read full story (paywalled) Source: HSJ, 19 October 2022 -
News ArticlePeter Duffy warned that there is a growing risk of electronic patient records and NHS staff communications being exposed to tampering efforts in disputes with managers and executives. The surgeon, who now practices on the Isle of Man, made the comments during talks given in September – to the Association for Perioperative Practice (AfPP) and at the Royal College of Surgeons Ireland (RCSI) in Dublin. He told audiences that “there is increasing potential for electronic tampering” of NHS IT records, holding serious implications for patient safety reporting and disputes with government and health service bodies. The consultant medic, who says he was driven out of UHMBT in 2016 after blowing the whistle on dangerous practices and uninvestigated cases of harm within the trust’s urology services, won a constructive dismissal claim against his ex-employer in 2018. Duffy now alleges that emails concerning the care of a patient at the centre of his whistleblowing were forged and backdated by senior UHMBT staff, several years after his employment claim against the trust had ended. The emails were not disclosed during the tribunal – despite a court order having been issued to release all communications concerning the care of the patient in question, the late Peter Read, who died in early 2015 – and are understood to have surfaced during the course of an external review into UHMBT’s urology services carried out between late 2019 and 2021. Niche Consult, a private firm commissioned by NHS England/Improvement (NHSE/I) to investigate Duffy’s patient safety disclosures alongside broader concerns regarding the trust’s urology department, determined that the emails in question were not fakes. Duffy told the AfPP and RCSI audiences that, during the Niche review of UHMBT’s urology services in 2020, he was “abruptly told that two entirely new, never-seen-before emails had suddenly, unexpectedly appeared”. The emails appear to partly implicate him in the series of clinical errors and missed care opportunities that contributed to Read’s death. Duffy described the allegedly falsified emails as being part of “an executive vendetta” waged against him in retaliation for his whistleblowing activity and negative publicity surrounding it, as UHMBT was seeking to cultivate the image of a “turnaround” trust in the years following a major maternity scandal between 2004 and 2013. Read full story Source: Computer Weekly, 28 September 2022
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News Article
Deaths inquiry will exclude dozens of concerning cases, says whistleblower
Patient Safety Learning posted a news article in News
An inquiry into alleged efforts to cover up care failings at an ambulance trust has been criticised by a key whistleblower for being too limited in scope. NHS England recently commissioned the inquiry into North East Ambulance Service, which has been accused of withholding key details from coroners in a number of deaths. Whistleblowers have raised concerns about disclosure in more than 90 cases. Draft terms of reference for the review, seen by HSJ, say it will examine cases which occurred over a 12-month period up until December 2019. Paul Calvert, a coroners’ officer at NEAS who raised concerns about the issues, said this effectively means only five cases will be scrutinised. He added: “The terms of reference are clearly designed to not include the ongoing malpractice, only focusing on a limited time period and limited cases." “The fact that the [inquiry] has chosen such a narrow time window and a handful of cases, is designed to perpetuate that after 2018 and 2019, the mistakes of the past were remedied. This is simply incorrect, misleading and dishonest to suggest.” He said concerns about information being withheld continued “well into 2021” and the terms of reference risked “continuing the cover up of univestigated deaths”. Read full story (paywalled) Source: HSJ, 13 October 2022 -
News Article
Number of NHSE whistleblowers tripled in 2021-22
Patient Safety Learning posted a news article in News
The number of concerns reported by NHS England staff through the freedom to speak up process almost tripled last year, the organisation’s latest board papers have revealed. There were 152 cases received by the internal freedom to speak up guardians in 2021-22 compared to 56 in 2020-21. This year 54 cases were received in quarter three alone. The most common concerns are related to allegations of bullying and harassment. These accounted for nearly 40% of the total. People and team management concerns accounted for a third of FTSU cases. Within the latter, there were sub-themes of breakdown in relationships, failure to offer role models and sanctioning or ignoring poor culture. This week’s report also set out the NHSE FTSU guardian’s next steps. These include appointing a lead guardian, finalising a strategy and continuing to engage with Health Education England and NHS Digital staff as they are brought into NHSE next year. Read full story (paywalled) Source: HSJ, 7 October 2022 -
Content ArticleIn this blog, Ted Baker, Former Chief Inspector of Hospitals at the Care Quality Commission, suggests that a false view that health services are intrinsically safe leads to defensive responses to safety concerns and perpetuates a culture of blame. He argues that the mismatch between safety as described and the reality of safety in practice prevents healthcare professionals being able to speak up about safety concerns. By taking an alternative approach that accepts the risk inherent in healthcare and the fallibility of individuals, he believes we can build organisations and systems that really learn from safety events. In order to do this, we need staff to feel able and supported to speak up, something that can be achieved through widespread understanding of safety society and building a supportive culture. Ted argues that this open culture is still lacking within many services.
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News Article
CQC triggers two reviews into whistleblowing concerns
Patient Safety Learning posted a news article in News
The Care Quality Commission (CQC) has commissioned an independent review into handling of a high-profile whistleblower case, and a wider internal review of how it responds when it is given “information of concern”. The independent review will be led by Zoë Leventhal KC of Matrix Chambers and will consider how the regulator handled “protected disclosures” from University Hospitals of Morecambe Bay Foundation Trust surgeon Shyam Kumar, alongside “a sample of other information of concern shared with us”. Mr Kumar won a tribunal against the CQC earlier this month, which found he was unfairly dismissed as a special advisor on hospital inspections after raising serious patient safety concerns. Between 2015 and his dismissal in 2019 Mr Kumar wrote to senior colleagues at the CQC with a number of concerns within his trust around bullying, patient harm and the quality of CQC hospital inspections. The tribunal drew particular attention to the two whistleblowing disclosures made by Mr Kumar about the CQC itself, which it found “clearly had a material influence on the decision to dismiss”. The CQC said in an announcement today that the independent review would aim to determine whether it took “appropriate action” in response to the information disclosed in Mr Kumar’s case and others. It will include consideration of whether the ethnicity of the people raising concerns impacted on decision making or outcome and is expected to conclude by the end of the year. Read full story (paywalled) Source: HSJ, 28 September 2022 -
Community Post
Can the NHS learn from healthcare systems overseas?
Steve Turner posted a topic in Organisational
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Is it time to change the way England's healthcare system is funded? Is the English system in need of radical structural change at the top? I've been prompted to think about this by the article about the German public health system on the BBC website: https://www.bbc.co.uk/news/health-62986347.amp There are no quick fixes, however we all need to look at this closely. I believe that really 'modernising' / 'transforming' our health & #socialcare systems could 'save the #NHS'. Both for #patients through improved safety, efficiency & accountability, and by making the #NHS an attractive place to work again, providing the NHS Constitution for England is at the heart of changes and is kept up to date. In my experience, having worked in healthcare for the private sector and the NHS, and lived and worked in other countries, we need to open our eyes. At present it could be argued that we have the worst of both worlds in England. A partially privatised health system and a fully privatised social care system. All strung together by poor commissioning and artificial and toxic barriers, such as the need for continuing care assessments. In my view a change, for example to a German-style system, could improve patient safety through empowering the great managers and leaders we have in the NHS. These key people are held back by the current hierarchical crony-ridden system, and we are at risk of losing them. In England we have a system which all too often punishes those who speak out for patients and hides failings behind a web of denial, obfuscation and secrecy, and in doing this fails to learn. Vast swathes of unnecessary bureaucracy and duplication could be eliminated, gaps more easily identified, and greater focus given to deeply involving patients in the delivery of their own care. This is a contentious subject as people have such reverence for the NHS. I respect the values of the NHS and want to keep them; to do this effectively we need much more open discussion on how it is organised and funded. What are people's views? -
News Article
Trust 'hiding serious harm and death' report
Patient Safety Learning posted a news article in News
There was a fair bit of press coverage last week about an employment tribunal case against the Care Quality Commission – in which the regulator was found to have sacked an inspector for making a series of whistleblowing disclosures. However, many of the key details were either skirted over, or missed altogether, in the coverage. The disclosures made by Shyam Kumar related not just to his role as a special adviser for the CQC, but also to his full-time employer, University Hospitals of Morecambe Bay FT, and to understand the case fully, they need to be separated out. The important context (also skirted over) was that Dr Kumar had raised a series of legitimate concerns about another orthopaedic surgeon at UHMB, both internally within the trust, and externally with the CQC, in 2018. This caused major tensions within UHMB, to the extent that Dr Kumar started to be targeted for criticism by a different surgeon, being labelled a ‘traitor’ to Indian doctors in a group email. When challenged by Dr Kumar, the colleague complained to the CQC that Dr Kumar had sought to threaten and intimidate him, along with other accusations. Read full story (paywalled) Source: HSJ, 12 September 2022 -
Content ArticleEverybody makes mistakes at work but what if you're a doctor and you ruin a patient's life - or even end it? Doctor-turned-writer Jed Mercurio recalls a catalogue of errors from his years as a medical student.
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Content ArticleThis presentation provides an insight into a real life crowdfunded NHS whistleblowing case. This comes from the perspective of both a frontline NHS clinician and crowdfunder. The tactics used against Dr Day, his response to them and the effect that such a public protracted fight has had on NHS culture and ‘confidence in the system’. Potential changes are then discussed Chris is a Locum Emergency Medicine doctor working at the moment in East London. Chris is also a Claimant in a high profile whistleblowing case that has been ongoing for nearly 9 years. The case re-established statutory whistleblowing protection (in the Court of Appeal) for junior doctors in England. The case has had further media attention last month when Chris’ NHS opponents admitted to destroying evidence whilst a 16 day court hearing was in progress.
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Content ArticleIn this blog, consultant on workforce culture Roger Kline looks at the case of Shyam Kumar, an orthopaedic consultant who was seconded as an inspector for the Care Quality Commission (CQC). After raising concerns about patient safety, harm, cover up and bullying of staff with the CQC, his secondment with them was terminated. An Employment Tribunal has found that Mr Kumar's concerns were well-founded and that he was then victimised for raising them by the CQC. The Tribunal accepted his claims that he was removed from his secondment as a CQC inspector as a result of making protected disclosures, accepted his evidence, and at a number of points did not believe the evidence provided by senior CQC staff. The blog raises the question of whether the CQC would fail on its own criteria for being a 'well led' organisation on the basis of this case. It also questions whether the CQC can credibly hold NHS organisations to account on whistleblowing after its response to having concerns raised by Mr Kumar, one of its own inspectors. The author asserts that "the CQC needs to urgently demonstrate it will apply accountability to its own decision making, and lack of support for those raising concerns, and hold its own senior leaders (up to the CEO) to account for decisions which are contrary to its own published standards."
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Content ArticleIn this blog, Bob Matheson, Head of Advice and Advocacy at the charity Protect, explains the case of Dr Chris Day and how it highlights the vital importance of reforms to UK whistleblowing law. Protect is campaigning for Reform of whistleblowing legislation in the UK. The author highlights loopholes in UK law that Dr Day has faced throughout his long legal battle with Health Education England (HEE). These gaps mean that whistleblowers lack certain important legal rights and protections, and this in turn may prevent individuals from raising concerns.
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News Article
NHS whistleblower Shyam Kumar wins case against regulator
Patient Safety Learning posted a news article in News
A doctor who was sacked for raising patient safety concerns has won a case against England's hospital regulator, the Care Quality Commission (CQC). Orthopaedic surgeon Shyam Kumar worked part-time for the CQC as a special adviser on hospital inspections, but Manchester Employment Tribunal found that he was unfairly dismissed. Between 2015 and his dismissal in 2019, Mr Kumar wrote to senior colleagues at the CQC with a number of serious concerns. They included a hospital inspection, at which he claims patient safety was significantly compromised when a group of whistleblowing doctors was prevented from discussing their concerns. Mr Kumar said, on many occasions, he reported concerns about a surgeon at his own trust, Morecambe Bay, who had carried out operations that were "inappropriate" and of an "unacceptable" quality and harmed patients. He warned the CQC that the trust management wanted to bury it "under the carpet". The tribunal noted that his concerns were found to be justified and the surgeon eventually had conditions placed on his licence to practise. The CQC "accepted the findings". Mr Kumar, who has been awarded compensation, says his concerns were ignored. "The whole energy of a few individuals in the CQC was spent on gunning me down, rather than focusing on improvement to patient safety and exerting the regulatory duties," he said. Read full story Source: BBC News, 5 September 2022 -
Content ArticleThis is the witness statement submitted by the claimant at an employment tribunal between Dr Chris Day and Lewisham and Greenwich NHS Trust. Dr Day's claim is based on his belief that the actions of the Trust irreparably damaged his medical career and had a significant impact on his job security and other areas of life. The document contains Dr Day's statement about the following events: Misrepresenting the substance of the protected disclosures Misrepresenting formal investigation findings Cost threat detriments Events post-settlement Impact of the case on Dr Day and his family
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Content ArticleThis webpage highlights press coverage of the Chris Day whistleblowing hearing which took place in June 2022. Dr Day's case originates in 2013, when he initially raised concerns about unsafe staffing levels at Woolwich Hospital ITU, run by Lewisham and Greenwich NHS Trust. Following this, senior management in the Trust made allegations about his conduct, he believes as a result of his whistleblowing action. As a result Health Education England (HEE) deleted Dr Day's training number, meaning he was unable to progress to become a consultant. Dr Day has been campaigning for a public hearing of the case since 2016, and believes HEE, Lewisham and Greenwich NHS Trust and other authorities have spent large amounts of money attempting to 'crush' his case and prevent it from being heard. The tribunal hearing finally took place in June 2022 and featured revelations about Trust staff deliberately deleting emails relevant to the case, partisan briefings made to senior NHS management about Dr Day and inaccurate press statements from the Trust.
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Content ArticleThis statement from Chair Peter Wyman addresses allegations of bullying and racism within NHS Blood and Transplant as reported in The Times on 21 August 2022. In the statement, Peter Wyman says, "I cannot overstate the importance we place in ensuring we have a strong, positive and inclusive culture so we can serve the public and patients who need us. “Issues of racism and bullying came to light in parts of our organisation two years ago after an in-depth staff listening exercise. We’ve moved on a lot in the past two years. Our actions have included providing a safe way for staff to raise and discuss issues by appointing a Freedom to Speak Up Guardian, improving recruitment processes to be more inclusive, matured how we manage conflict and grievances and refreshing our code of conduct so we all know the behaviours that are expected of us. We continue to measure progress through ongoing staff engagement. “We are making progress but like every good organisation we should always be challenging ourselves to do even better. In particular, I want to ensure we have a culture that enables each of us to be our best, that encourages everyone to speak up without fear or favour if they see something wrong or something which might be done better. I want a culture where everyone is valued for who they are and what they contribute. "There can be no place for any form of discrimination, bullying or harassment.”
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News Article
NHS whistleblower recorded her bosses’ ‘racist’ chat
Patient Safety Learning posted a news article in News
A black NHS worker has launched legal action against the health service’s blood and transplant authority after witnessing years of alleged racism within the service. Melissa Thermidor, 40, from Bushey, Hertfordshire, has lodged an employment tribunal claim against NHS Blood and Transplant (NHSBT) and two executives who have since left the authority. Betsy Bassis and Millie Banerjee, who were the chief executive and chairwoman, have denied the allegations and intend to fight the tribunal claims. One colleague allegedly said: “White donors are more likely to shop at Waitrose and black donors at Tesco.” At subsequent meetings, the phrase “Tesco donors” was used. Staff also allegedly referred to “you people” when speaking to black members of the team. Thermidor claims she was constructively dismissed after whistleblowing about racism within NHSBT. The health authority, which supported 3,386 organ donations in the year to March last year as well as collecting blood from 761,000 donors, has been embroiled in allegations of bullying, racism and poor culture under Bassis and Banerjee’s leadership. Read full story (paywalled) Source: The Times, 21 August 2022 Read NHS Blood and Transplant's response to the article. -
News Article
Fresh allegations of whistleblower mismanagement at ‘witch hunt’ trust
Patient Safety Learning posted a news article in News
Fresh concerns have been raised about the treatment of whistleblowers by managers at a trust recently embroiled in a high-profile bullying scandal, the hospital’s workforce director has disclosed. A series of further accusations have been made against managers at West Suffolk Foundation Trust, where executives were recently judged to have led an “intimidating, flawed” hunt for a whistleblower, prompting a series of high-profile departures. The trust’s executive director for workforce detailed in a paper for the hospital’s July board meeting how managers had been hunting to identify staff who had raised concerns through supposedly confidential channels. The report, by executive director of workforce and communications, Jeremy Over, said: “Feedback has been given indicating that some people have had a poor experience when speaking up. “In two separate cases, where people spoke up in confidence, it was reported that the managers were then asking and wishing to find out who had spoken up making the individuals very uncomfortable. “Another case reported that the individual was ‘told off’ by their manager for ‘going about their heads’ [sic] and another where staff felt discouraged from raising any points or suggestions as these were taken [as] a personal offence [by] the senior staff. In a further case, the person speaking up was criticised [for] doing so.” Read full story (paywalled) Source: HSJ, 3 August 2022 -
Content Article
The NHS whistleblowing crisis (8 February 2022)
Patient Safety Learning posted an article in Whistle blowing
Tommy Greene and David Hencke report on a number of worrying NHS dismissal cases in this Byline Times article. -
EventuntilBringing together a community of human factors in patient safety advocates across Ireland and abroad, the annual Human Factors in Patient Safety Conference will offer the opportunity to gain valuable knowledge and insights from human factors experts. The conference will include contributions from: Martin Bromiley OBE, Founder of Clinical Human Factors Group UK – Listening Down to Develop your Safety Behaviours Mr Peter Duffy, Consultant Urologist – Whistle in the Wind: a Personal Exploration of the Consequences of Whistleblowing in Healthcare Professor Eva Doherty (Chair), Director of Human Factors in Patient Safety – The Irish Context, panel discussion Healthcare professionals can register for the event here. For more information, please email mschumanfactors@rcsi.ie.
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News Article
CQC probes bullying allegations at national NHS agency
Patient Safety Learning posted a news article in News
Bullying and harassment allegations made against leaders of the organisation that supplies blood to the NHS have prompted a Care Quality Commission (CQC) review, with staff claiming poor culture has exacerbated the crisis around low blood stocks. HSJ has learned whistleblowers at NHS Blood and Transplant raised concerns with the CQC. As a result, the regulator has been carrying out a review of the organisation’s leadership. Several current and former staff, who wished to remain anonymous, told HSJ there are widespread concerns about the organisation’s culture, which they claim has enabled bullying and harassment from senior employees, including some racist behaviours. They said the culture has resulted in a significant number of staff being absent due to stress and anxiety, which alongside the latest wave of coronavirus, has contributed to an ongoing staffing crisis. Read full story (paywalled) Source: HSJ, 28 July 2022 -
News Article
Surgeon branded bully faces review after patient, 17, dies
Patient Safety Learning posted a news article in News
Catherine O’Connor, who was born with spina bifida and used a wheelchair all her life, was looking forward to the surgery to fix her twisted spine. Tragically, after a catastrophic loss of blood, she died on the operating table at Salford Royal Hospital in Manchester. She died in February 2007 but only now has an NHS-commissioned report concluded the “unacceptable and unjustifiable” actions of her surgeon, John Bradley Williamson, “directly contributed” to her death. Williamson pressed on with the surgery despite being explicitly told he needed a second consultant surgeon. Her case is one of more than a hundred of Williamson’s being reviewed by Salford Royal Hospital amid allegations by whistleblowers of a cover-up by managers and a “toxic culture” within his surgery team. An internal list produced by concerned clinicians as long ago as 2014 describes some of Williamson’s patients being left paralysed or in severe pain as a result of misplaced spinal screws and others being rushed back to theatre for life-saving surgery. Separately, leaked minutes of a meeting between staff and the hospital’s new chief executive in December 2021 described a “snapshot” of five of Williamson’s patients which “clearly identified significant areas of clinical care, avoidable harm and avoidable death”. They added: “Concerns around Mr Williamson continue to be raised and remain unaddressed.” Read full story (paywalled) Source: The Times, 17 July 2022
