Democracy Spraffa

Q1 and Q2 Whistleblowing Report 2024/25

Argyll and Bute Council · 29 January 2025
Back to Argyll and Bute HSCP Integration Joint Board (IJB) — 29 January 2025 and its agenda

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OFFICIAL
NHS Highland
Meeting: Board Meeting
Meeting date: 24 September 2024
Title: Quarter 1 Whistleblowing Report
Responsible Executive/Non-Executive:  Gareth Adkins, Director of People &
Culture
Report Author: Gareth Adkins, Director of People &
Culture
1 Purpose
This is presented to the committee for:
 Assurance
This report relates to a:
 Legal requirement
This report will align to the following NHSScotland quality ambition(s):
Safe, Effective and Person Centred
This report relates to the following Strategic Outcome(s)
Start Well Thrive Well Stay Well Anchor Well
Grow Well Listen Well X Nurture Well Plan Well
Care Well Live Well Respond Well Treat Well
Journey
Well
Age Well End Well Value Well
Perform well X Progress well

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OFFICIAL
2 Report summary
2.1 Situation
This report is for Quarter 1 covering the period 1st April – 30th  June 2024.
This is provided to give assurance to the Board of our performance against the
Whistleblowing Standards which have been in place since April 2021.
2.2 Background
All NHS Scotland organisations including Health and Social Care Partnerships
are required to follow the National Whistleblowing Principles and Standards
which came into effect from 1 April 2021. Any organisation providing an NHS
service should have procedures in place that enable their staff, students,
volunteers, and others delivering health services, to access the National
Whistleblowing Standards. 
As part of the requirements, reports are required to be presented to the Board
and relevant Committees and IJBs, on an annual basis, in addition to quarterly
reports. The Staff Governance Committee plays a critical role in ensuring the
Whistleblowing Standards are adhered to in respect of any service delivered on
behalf of NHS Highland. Both quarterly and annual reports are presented at the
meetings and robust challenge and interrogation of the content takes place. 
The Guardian Service provide our Whistleblowing Standards confidential
contacts service. The Guardian Service will ensure: 
 that the right person within the organisation is made aware of the concern
 that a decision is made by the dedicated officers of NHS Highland and
recorded about the status and how it is handled
 that the concern is progressed, escalating if it is not being addressed
appropriately
 that the person raising the concern is: - kept informed as to how the
investigation is progressing - advised of any extension to timescales -
advised of outcome/decision made - advised of any further route of
appeal to the Independent National Whistleblowing Office (INWO) 
 that the information recorded will form part of the quarterly and annual
board reporting requirements for NHS Highland. Staff can also raise
concerns directly with: 
 their line manager 
 The whistleblowing champion
 The executive whistleblowing lead

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OFFICIAL
Trade union representatives also provide an important route for raising
concerns. In the context of whistleblowing standards the trade union
representatives can assist staff in deciding if:
 an appropriate workforce policy process could be used including early
resolution
 whistleblowing policy and procedures could be used to explore and
resolve concerns that involve wrongdoing or harm
Information is also included in the NHS Highland Induction, with training
modules still available on Turas. The promotion and ongoing development of our
whistleblowing, listening and speak up services is a core element of the
Together We Care Strategy and Annual Delivery Plan.
2.3 Assessment
In the Q1 Whistleblowing reporting period 1st April  – 30th  June 2024:
 1 new case has been raised
 1 new concern was raised with the whistleblowing executive lead but not
progressed under the standards
 1 Monitored referral was closed
 4 cases remained open and under investigation
One new case was raised in relation to issues that are well known to the board
and the challenges associated with delivering a service sustainably including
long waiting lists. The individuals raising the concerns wanted the concerns
investigated under the whistleblowing standards. Whilst it could have been
considered not in the public interest to investigate the concerns under the
standards it was decided to formally respond under the standards to
acknowledge, uphold the concerns and communicate the actions the board
were taking to address the well-known concerns. This was discussed with the
whistleblowers and they agreed that the outcome they were seeking was
acknowledgement of the concerns and information on what action the board
was taking. The final response remained under discussion at the end of the
quarter but has since been concluded at the time of this report.
One new concern was raised in relation to issues that are well known to the
board and the challenges associated with delivering a service sustainably.
Discussions with the individual raising the concerns resulting in arranging further
discussions with senior management to ensure they were engaged in the
ongoing work to find a solution to the service sustainability issues. This was not
progressed under the standards. This was discussed with the individual they

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OFFICIAL
agreed that the outcome they were seeking was acknowledgement of the
concerns and information on what action the board was taking.
These two cases were discussed at the Staff Governance Committee in relation
to the process and not the details in line with protecting confidentiality. The
discussion raised important questions around responding to concerns that are
well known to the board and whether further investigation is required. In these
cases it was agreed with the whistleblowers that this was not necessary and the
outcome they were seeking was assurance that plans were in place to address
the concerns. This has been a useful learning experience within the context of
administering the standards and highlighted that concerns can be raised and
acknowledged under the standards without necessarily undertaking lengthy or
complex investigations where this detail is already known. The important point
here is that the whisteblowers have had an opportunity to ensure the concerns
are known about and we have been prompted to review action plans in place
and provide that information back to the whistleblowers.
Two monitored referrals were received in quarter 2. These were two linked
cases where the individuals chose to contact INWO as they were not satisfied
that their issues had been resolved through a previous Whistleblowing Case
investigated through National Education for Scotland. The whistleblowing
standards were raised through a grievance raised in October 2022 and
specifically referenced issues that dated back a number of years. The executive
lead reviewed these cases and decided to time bar them based on the 6 month
time period for reporting issues unless there are exceptional circumstances. In
addition a significant amount of work had been undertaken to address issues
following the NES investigation. However, the individuals were offered the
opportunity to submit a new account of concerns under the standards if they felt
that there were issues they were still encountering now or had happened in the
last 6 months. There has been no further contact from one of the individuals
since the referrals were not accepted. However, one individual contacted INWO
to raise concerns with the referral not being accepted.
INWO has requested we provide further information on the range of work
undertaken to address the issues raised in the original grievance. Further
information has been collated and will be discussed with the individual. There
has been no direct contact with the individual and delays are occurring due to
difficulties contacting the complainant via their trade union representative.
A follow-up contact with the complainant’s trade union representative has not
resulted in any further action. INWO have written to us to close the monitored
referral given there has been no further contact with them or with us for many
months. 
4 cases remain under investigation at the end of the quarter with one concluded
at the time of this report.

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Compliance with the timescales within the standards remains a challenge due to
the complexity of the investigations required. However, since our improvement
action plan was implemented we have improved our administration of the
process including ensuring regular updates to the complainants. 
The nomination of investigators has improved with the introduction of the triage
stage with the Director of Nursing and AHPs and the medical director as it
enables quick identification of the person with the most relevant experience and
skills to the case.
The quality of the investigations as well as the expertise and commitment of the
investigators in the cases investigated this calendar year should be noted and
commended.
2.4 Proposed level of Assurance
This report proposes the following level of assurance:
Substantial  Moderate X
Limited  None
Comment on the level of assurance
The committee is asked to take moderate assurance on basis of robust process
but noting the challenge of meeting the 20 working days within the standards.
3 Impact Analysis
3.1 Quality/ Patient Care
The Whistleblowing Standards are designed to support timely and appropriate
reporting of concerns in relation to Quality and Patient Care and ensure we take
action to address and resolve these.
3.2 Workforce
Our workforce has additional protection in place under these standards.
3.3 Financial
The Whistleblowing Standards also offer another route for addressing
allegations of a financial nature
3.4 Risk Assessment/Management
The risks of the implementation have been assessed and included. 
3.5 Data Protection 
The standards require additional vigilance on protecting confidentiality 
3.6 Equality and Diversity, including health inequalities
No issues identified currently

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OFFICIAL
3.7 Other impacts
None
3.8 Communication, involvement, engagement and consultation
N/A
3.9 Route to the Meeting
N/A
4 Recommendation
Moderate Assurance – To give confidence of compliance with legislation, policy
and Board objectives noting challenges with timescales due to the complexity of
cases and investigations.
4.1 List of appendices
The following appendices are included with this report: