Having an open culture where individuals feel confident to speak up when things go wrong and to raise concerns is an important part of ensuring a safe and effective workforce and the delivery of safe patient care. We believe organisations should foster a just and learning culture that balances fairness, accountability and learning when things do not go as planned. You can find out more about this in our Being Fair and Being Fair 2 publications.
This page provides information to help you identify the most appropriate route for raising your concern.
How NHS Resolution handles concerns it receives
NHS Resolution may receive concerns through its operational work. Concerns are usually best addressed by the organisation involved, which can understand the issue and act quickly. If NHS Resolution is not the right organisation to deal with your concern, we will explain this and direct you to independent advice or another organisation that may be able to help. We will consider any information we receive within the scope of our functions and responsibilities.
NHS Resolution is not a prescribed person or body for whistleblowing purposes and is not empowered to receive or progress protected disclosures. If you wish to raise a whistleblowing concern outside your employer, you should review the UK Government’s list of prescribed people and bodies and identify the organisation that is best placed to consider your concern. Further information is detailed below.
NHS Resolution may also consider significant concerns identified through its operational work where the information falls within its functions and may help to reduce the risk of harm.
Raise the concern with the organisation involved
Where you feel able to do so, it is usually best to raise your concern with the organisation involved. This gives the organisation an opportunity to understand the issue and take prompt action.
If you work for the organisation, you could:
- speak to your line manager or another appropriate senior manager;
- follow your organisation’s speaking-up or whistleblowing policy;
- contact your local Freedom to Speak Up Guardian, where one is available;
- speak to your trade union or professional body.
Healthcare organisations in England are responsible for publishing information about how workers can contact their Freedom to Speak Up Guardian. Check your organisation’s website or intranet for its local arrangements.
Speak up outside your organisation
If you do not feel able to raise the matter internally, or you have already done so and remain concerned, an external organisation may be able to consider the issue.
In England:
- NHS England – speaking up to NHS England explains the concerns NHS England can consider in its role as a prescribed body. NHS England can consider matters in the public interest that relate to the areas it regulates, but it does not provide an escalation route for individual employment grievances.
- Care Quality Commission – report a concern as a member of staff is for workers in organisations regulated by the CQC who have concerns about the care being provided.
- The UK Government list of prescribed people and bodies includes other healthcare bodies such as the General Medical Council, General Dental Council, Nursing and Midwifery Council and Health and Care Professions Council. Check the description beside each organisation before contacting it, as each body can consider only matters within its remit.
Concerns about an individual healthcare professional
A professional regulator may be the appropriate organisation if your concern relates to the conduct, health, performance or fitness to practice of an individual registered professional.
Relevant sources include:
- General Medical Council – raising and acting on concerns – for doctors, physician associates and anaesthesia associates;
- General Dental Council – for dental professionals;
- Nursing and Midwifery Council – for nurses, midwives and nursing associates;
- Health and Care Professions Council – for the professions it regulates.
The General Medical Council’s guidance, for example, explains that regulated medical professionals must act promptly where patient safety or dignity may be seriously compromised and should use appropriate workplace or external routes.
Speaking up and whistleblowing
Speaking up is a broad term used in the NHS. It can include raising anything that may affect patient care, safety, working practices or the ability of staff to do their job effectively.
Whistleblowing has a specific legal meaning. It generally applies when a worker reports information about certain types of wrongdoing that they reasonably believe are in the public interest. If the legal conditions are met, this may be a protected disclosure. The law may protect the worker from dismissal or unfair treatment because they made the disclosure. Not every concern or complaint will qualify as whistleblowing. A matter that relates only to an individual’s employment situation or personal grievance will not normally be covered unless it also has a wider public-interest element.
Examples of wrongdoing that may be relevant
Depending on the circumstances and whether the legal conditions are met, whistleblowing may include reporting:
- a criminal offence, such as fraud;
- a danger to someone’s health or safety;
- a breach of a legal obligation;
- a miscarriage of justice;
- damage or a risk of damage to the environment;
- sexual harassment;
- the deliberate concealment of wrongdoing.
This list is a summary only. Whether a disclosure is protected will depend on the facts, the person making it, what is disclosed, the public-interest requirement and who receives it.
Choosing a prescribed person or body
A prescribed person or body is an organisation or office named in whistleblowing legislation. It can receive disclosures only about the subjects for which it has been prescribed. If you decide to contact a prescribed person rather than your employer, you should make sure you select the correct organisation for the matter you are reporting. The government list includes a short description of what each organisation can consider.
Relevant healthcare entries include:
- NHS England;
- the Care Quality Commission;
- the General Medical Council;
- the General Dental Council;
- the Nursing and Midwifery Council;
- the Health and Care Professions Council;
- the NHS Counter Fraud Authority; and
- other specialist healthcare and professional regulators.
Independent advice and support
If you are unsure whether your concern may be whistleblowing, whether legal protection may apply, or who you should contact, consider obtaining independent advice before making your disclosure.
- Protect is an independent whistleblowing charity. Its advice line provides free and confidential advice about raising workplace concerns, possible legal protection and the available internal or external routes. Protect does not investigate the underlying concern.
- Speak Up Direct provides independent and confidential advice about the NHS speaking-up process.
- You can also seek advice from your trade union, professional body or an independent legal adviser.
Guidance for Scotland, Wales and Northern Ireland
Whistleblowing and speaking-up arrangements differ across the UK.
Scotland
- NHS Scotland Whistleblowing Policy explains the National Whistleblowing Standards.
- The Independent National Whistleblowing Officer is the final independent stage for whistleblowing concerns about NHS services in Scotland after the relevant NHS organisation’s process has concluded.
Wales
- Healthcare Inspectorate Wales – whistleblowing and raising concerns provides information for healthcare workers raising concerns about healthcare in Wales. Healthcare Inspectorate Wales is a prescribed body for matters within its remit.
- For social care or childcare concerns, see Care Inspectorate Wales whistleblowing guidance.
Northern Ireland
- Regulation and Quality Improvement Authority – protected disclosures provides information for health and social care workers who want to disclose wrongdoing in Northern Ireland.
- The Department of Health – Raising a Concern in the Public Interest framework provides the regional Health and Social Care framework.
Guidance for organisations and managers
NHS Employers’ Freedom to Speak Up resources provide guidance for leaders and managers on creating effective speaking-up arrangements and supporting workers who raise concerns.
Freedom to Speak Up Guardians at NHS Resolution
Our Freedom to Speak Up Guardians work with our Board and senior team to foster an open culture, so our staff feel able to raise concerns about how we operate; the culture and the quality of service we provide. They help the organisation use this feedback to drive improvement and learning.
This confidential support and advice is available to all NHS Resolution staff who wish to raise concerns. As an organisation we make sure that concerns raised are addressed fairly and feedback is given to the person who raised it.
You can contact our Freedom to Speak Up Guardians by email: nhsr.freedomtospeakup@nhs.net
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