As a ‘prescribed person’, we are required to publish information annually on the number of whistleblowing cases we received that are considered to be ‘qualifying disclosures’ and how they were taken forward.
The purpose of this is to help assure individuals who blow the whistle that action is taken in respect of their disclosures. For the reporting period from 1 April 2021 to 31 March 2022, NHS England, Monitor and the Trust Development Authority (TDA) were, legally, separate entities and under separate legal duties as prescribed persons to publish the reports with the prescribed content.
On 1 July 2022, Monitor and TDA were abolished and their functions transferred to NHS England. NHS England is publishing this report which covers the duties of itself, Monitor and TDA in relation to the reporting period.
Listening to NHS workers who speak up is central to improving staff experience and patient care. We used information from NHS workers to inform our oversight of, and support for, NHS providers, in conjunction with other relevant information (in line with our oversight framework).
This included sharing information with other relevant organisations and agencies, particularly the Care Quality Commission (CQC), to inform their regulation of healthcare providers.
Whistleblowing from primary care workers
NHS England leads the NHS and sets its strategic direction, as well as funding priorities for improvement. It also commissions healthcare services, including primary and specialised care. You can find more information about NHS England’s functions and objectives on our website here.
NHS workers can contact NHS England as a prescribed person with concerns about the delivery of primary medical, dental, ophthalmic and pharmaceutical services in England.
The main issues that primary care workers spoke up to us about were: patient safety (regarding working conditions and clinical practice); and individual employment matters (which are outside our remit).
Qualifying disclosures received during 2021/22 and action taken
Between 1 April 2021 and 31 March 2022, 110 whistleblowing disclosures were made to us relating to primary care organisations.
We take all the cases we receive very seriously and took action in 65 (59%) of them. In the vast majority of cases, that action included referring the case to another body.
We took no action in 39 (35%) of cases, largely because the issue being raised was already known about and being addressed by our regional teams, we did not have sufficient detail to take action or it was not proportionate for us to take any action. Six cases are still under review.
Whistleblowing from secondary care workers
NHS workers were able to contact Monitor and TDA (operating under the title of NHS Improvement since 2016) with concerns about the quality, financial and operational performance of NHS trusts and NHS foundation trusts (these organisations provide what we call ‘secondary care’).
You can find more information about the functions and objectives of Monitor and TDA, which have now transferred to NHS England on our website here.
The main issues that workers spoke up to us about in these organisations in 2021/22 were:
- patient safety (regarding clinical practice)
- conduct of executive directors of NHS trusts and foundation trusts
- concerns about governance at NHS trusts
- individual employment matters (which are outside our remit).
Qualifying disclosures received during 2021/22 and action taken
Between 1 April 2021 and 31 March 2022, 96 whistleblowing disclosures were made to us relating to secondary care organisations.
We take all the cases we receive very seriously and took action in 67 (70%) of them. In more than half of these cases that action included referrals to other bodies. In 31 cases we made enquiries to the relevant organisation to gather more information.
Often that information provided us with enough assurance that no further action was needed. On occasion, a formal investigation was commissioned and regulatory action taken.
We took no action in 25 (26%) of cases, largely because the issue being raised was already known about and being addressed by our regional teams, we did not have sufficient detail to take action or we considered that local resolution was the most appropriate way forward.
Four cases are still under review.
Helping organisations to improve
Underlining the importance of Freedom to Speak Up (FTSU) during another pressured year for the NHS, we provided 39 NHS trusts and foundation trusts with support to improve their FTSU arrangements.
This included reviewing board papers; supporting executive FTSU leads; analysing data; making recommendations for improvement, and running board development workshops.