Introduction
We collect data about the speaking up cases brought to Freedom to Speak Up guardians. This data informs our understanding of:
- how the Freedom to Speak Up guardian role should be implemented and developed
- trends and themes in speaking up
This guide explains how to collect and record this data.
Workers who observe their guardian actively recording data and handling speak up cases may perceive the guardian route as more effective. This could increase their confidence in speaking up to their guardian.
It is the responsibility of the organisation, rather than the guardian, to submit this data to NHS England. Organisations can use the same portal to submit this data as they use for other data submitted to NHS England. It is not necessary for guardians to set up their own account and, if they do, the submission is still considered to be from the organisation and therefore should be subject to appropriate local governance. Information is collected at an organisational level.
How to log into the portal or create an account
Each organisation must nominate 1 to 3 people to submit the data through the online portal. Users should log into NHS Apps using their Okta username and password, where there will be a link to the Data Collections Framework (DCF).
The login screen is shown in the image below.
How to record data
Once you are in the system, you will be presented with your organisation’s data and you will then be able to add more data. An explanation of each data set is available in Annex A of this guide.
The following data will be automatically captured
- organisation name
- quarter
- type of organisation
- size of organisation
Click on the plus (+) sign to open the fields.
This will open the reporting periods (an example is shown in the image below).
Click on start for the reporting period you want to add data for.
Once you click on start you will be presented with the screen below.
Click on submission.
You will then be presented with the fields, shown in the image below, that need to be completed. Please note, the fields only accept numeric data.
Once you have completed the fields you can either save and come back to it later, or submit (shown in image below).
The image below shows what will appear on the dashboard when you click on save/save as draft.
If you click on view, this will show you the data but not the option to update. To update and submit click on update, make any updates and then click on submit.
Once submitted, this will take you back to the main screen (shown in the image below).
To view the completed data, click on plus (+) (shown in the image below). Updates will not be available once the 2-week window closes each quarter.
If you need to update the data, click on update. If you click on view, it will not allow you to update the data.
Collation of data
The data collected will be stored in the Unified Data Access Layer (UDAL) and access can be granted to individuals approved by NHS England’s Freedom to Speak Up team. The data in UDAL is stored in table format and can be exported to Excel if required.
The data will not be published centrally. Responsibility for extraction, analysis, and publication sits with the collection owners, including decisions on where it is published.
A Freedom to Speak Up data collection webpage is available on the NHS England website outlining the collection, including the data fields and legal basis, but not the collected data itself.
Annex A
Number of cases raised anonymously
Anonymous cases are those where the person speaking up is unwilling or feels unable to reveal their identity to the guardian.
These cases should be recorded and treated as anonymous cases even if the guardian believes they may know the person’s identity.
Cases raised anonymously can be distinguished from cases raised confidentially. Where someone speaks up confidentially, they reveal their identity to someone on the condition that it will not be disclosed further without their consent (unless legally required to do so). In other words, in situations where the worker has shared their identity with the guardian but does not want their identity to be disclosed to others, the case should be treated as confidential rather than anonymous.
When an individual initially approaches the guardian anonymously but later reveals their identity, for instance, due to a developed trust, it is important to still record the case as anonymous. The initial choice of anonymity may indicate a fear or hesitation in speaking up. Therefore, maintaining the case record as anonymous, even after the individual’s identity is disclosed, ensures that the data captured remains accurate. This approach allows for meaningful analysis and learning about areas for improvement.
Number of cases with an element of patient safety or quality of care risk
Any case that includes an element which may indicate a risk to patient safety or the quality of care. This can be a current or past matter and may identify risks or be about actual events.
The case should still be recorded in this category where the individual speaking up believes there is an impact on patient safety or quality of care, even if it is not clear whether there is an impact without further investigation.
Number of cases with an element of worker safety or wellbeing
Any case that includes an element which may indicate a risk to worker safety or wellbeing. This can be a current or past matter and may identify risks or actual events.
The terms worker safety and wellbeing should be interpreted broadly. The focus should be on the perceptions of the individual bringing the case.
The Health and Safety Executive states: “All workers are entitled to work in environments where risks to their health and safety are properly controlled”.
Examples of worker safety or wellbeing include but are not limited to:
- lone working arrangements, especially at night
- insufficient access to personal protective equipment
- stress at work
- unsuitable or insufficient risk assessment
Number of cases with an element of bullying or harassment
Any case that includes an element which may indicate a risk or incident of bullying or harassment. This can be a current or past matter and may identify risks or be about actual events.
The case should be recorded in this category where the person raising the case believes there is an element of bullying or harassment.
The terms bullying and harassment should be interpreted broadly. The focus should be on the perceptions of the person bringing the case.
There are various definitions of bullying and harassment, including these from the Advisory, Conciliation and Arbitration Service (ACAS):
Bullying
“…bullying… can be described as unwanted behaviour from a person or group that is either:
- offensive, intimidating, malicious or insulting
- an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone
Examples could include the following but is not an exhaustive list:
- spreading malicious rumours about someone
- consistently putting someone down in meetings
- excluding someone from team social events
- someone consistently undermining their manager’s authority
- putting humiliating, offensive or threatening comments or photos on social media”
Harassment
“Harassment is when bullying or unwanted behaviour is related to any of the following (known as ‘protected characteristics’ (under the Equality Act 2010), including age, disability, gender reassignment, race, sex and sexual orientation.
Example – a group of people at work keep making offensive comments about a team member’s age. This is making them feel humiliated and anxious about coming to work. This is likely to be harassment because of the team member’s age”.
You can find more information on these particular definitions on the ACAS website.
Number of cases with an element of other inappropriate attitudes or behaviours
Any case that includes an element which may indicate a risk of other inappropriate attitudes or behaviours that do not constitute bullying or harassment. This can be a current or past matter and may identify risks or be about actual events.
The case should be recorded in this category where the person raising the case believes there is an element of other inappropriate attitudes or behaviours.
The terms other inappropriate attitudes or behaviours should be interpreted broadly. The focus should be on the perceptions of the person bringing the case.
Examples of other inappropriate attitudes or behaviours may include (this is not an exhaustive list):
- actions contrary to an organisation’s values
- incivility
- microaggressions
Please distinguish other inappropriate attitudes or behaviours from bullying. The other inappropriate attitudes or behaviours category seeks to capture those cases that would not otherwise fall within the bullying or harassment category.
As mentioned above, there are various definitions of bullying. However, multiple definitions of bullying tend to share the following features:
Unwanted behaviour, that is:
- intended to harm, hurt or humiliate another person
- repeated (or has the potential to be repeated) over time
- abuse or misuse of power in practice or perception
A case may include elements of patient safety or quality of care, bullying or harassment, worker safety or wellbeing, or other inappropriate attitudes or behaviours (as well as other matters). Please select all categories that apply for each case.
Number of cases where disadvantageous and/or demeaning treatment because of speaking up is indicated (detriment)
This category is for cases where the adverse treatment is due to the act of speaking up. It does not include instances where an individual experiences adverse treatment for reasons unrelated to speaking up, such as discrimination based on their characteristics or bullying not connected to the speaking up process.
Disadvantageous and/or demeaning treatment because of speaking up may include being ostracised, given unfavourable shifts, being overlooked for promotion, or being moved from a team. It can be a deliberate act or a failure to act (that is, an omission).
Guardians should record the number of cases brought to them where a person feels they have suffered disadvantageous and/or demeaning treatment because of speaking up. When an individual conveys that they have experienced disadvantageous or demeaning treatment because of speaking up, but they do not use words like ‘detriment’, ‘retaliation’ or even ‘disadvantageous or demeaning treatment’, it is still important to record such cases under this category. The focus should be on the meaning of what they are saying, rather than the specific terminology used by the worker. A lack of familiarity with particular terms should not prevent the accurate documentation of and response to their experience.
A case being recorded as indicating disadvantageous and/or demeaning treatment because of speaking up is based on the perceptions of the person speaking up. This includes situations where the worker initially spoke up through a channel other than the guardian, as well as cases where the guardian route was the sole or primary channel through which the worker spoke up. This ensures that our understanding of perceived detriment encompasses all instances of speaking up, regardless of the initial pathway chosen.
In some cases, people may come to the guardian to discuss disadvantageous and/or demeaning treatment that has occurred some months after their initial speaking up case. In these instances, this needs to be recorded as a new case. When it comes to data submission to NHS England the new case should be reported for the quarter in which the worker raised the issue of detriment with the guardian, not for the quarter in which the original speak up case was brought to the guardian’s attention. This ensures accurate tracking and response to the current concerns being raised.
If a worker experiences detriment due to speaking up while their original case remains open, this should be recorded as a separate case. This approach will enable guardians to gather important information regarding the impact of speaking up and facilitates the identification of valuable insights for improvement to the speaking up culture.
Publication reference: PRN02522