Democracy Spraffa

10 Q2 Whistleblowing Report September 2024

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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NHS Highland
Meeting: NHS Highland Board
Meeting date: 26 November 2024
Title: Quarter 2 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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2 Report summary
2.1 Situation
This report is for Quarter 2 covering the period 1st July – 30th September 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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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
Summary of Q2 Whistleblowing reporting covering the period 1st July – 30th
September 2024
· No new cases have been raised.
· 1 case remains open and under investigation.
· 1 concern remains under discussion with the individual to agree best
way forwards
· 3 cases were closed.
One new case raised in quarter 1 in relation to issues that are known to the
board has been formally responded to and closed. The concerns related to the
challenges associated with delivering a service sustainably including long
waiting lists. The outcome the individuals were seeking was assurance that
actions were underway or would be progressed to address these challenges.
The response outlined the actions the board are taking including ‘relaunching’
the programme board to engage wider stakeholders and move actions forwards
in partnership.
One new concern remains under discussion in relation to whether a
whistleblowing investigation is required as there have been two separate
reviews of the service that have acknowledged the concerns raised. Work has
been underway associated with these reviews to explore with other NHS boards
sustainable options for delivering the service. These discussions continue at a
national level and the individual is involved in these discussions. The concerns
relate to the pace of change and progress towards finding a solution and we
continue to engage with the individual to provide assurance that this issue is
being addressed.
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2 further cases were closed both with partially upheld outcomes in relation to the
concerns raised. In one case we have had confirmation that the individual is
content with the outcome. The other case the report has been provided to the
individual and they have indicated they are considering whether to refer to
INWO.
1 case remains under investigation at the end of the quarter.
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.
Following discussion at the last staff governance committee it was agreed that
consideration would be given to how to provide feedback through governance
mechanisms on the recommendations from concluded cases.
The table in appendix 1 summarises the cases with recommendations that are
still in progress and the governance arrangements. It is worth noting that
recommendations are dependent on the specific context and circumstances and
the associated governance arrangements will vary. However, a review date has
been set for the whistleblowing function to check with those tasked with the
recommendations on progress to date. This will include considering whether the
work requires a further review date set.
2.4 Proposed level of Assurance
This report proposes the following level of assurance:
Substantial Moderate
Limited None
Comment on the level of assurance
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X

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The Board 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
3.7 Other impacts
None
3.8 Communication, involvement, engagement and consultation
N/A
3.9 Route to the Meeting
Staff Governance Committee meeting 5 November 2024A
4 Recommendation
The Board is invited to take Moderate Assurance and take 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
Appendix 1 – Case Recommendations and Governance Summary:
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Appendix 1 – Case Recommendations and Governance Summary
Case ID Summary Recommendations Actions Governance
Arrangements
Review date
WB02 2022-23 INWO review · improve our concern handling
· to apologise to complainant
· carry out a review of specific
patient feedback.
· Improvements progressed as
part of speaking up action plan
· Apology issued
· Review of patient feedback
being progressed
· Whistleblowing
· Clinical
Governance
·Complete
·Complete
·End of October
2024
WB09 2023-24 Concerns raised in
relation to contractor
use and procurement
practices in a service
· Review process for approving
and engaging contractors to
cover workforce shortages in
specialist non-clinical roles
· Review procurement
processes in service area
· SLWG setup to review
contractor processes including
senior sign off
· Review of procurement
processes by procurement
team
· Whistleblowing/St
aff Governance
·End of February
2025
WB11 2023-24 Concerns raised in
relation to:
· organisational
change policy
implementation
· Clinical practice and
supervision
· Undertake a review of service
provision and produce
recommendations on any
changes required
· Review training and
competency framework
· Adopt new organisational
professional assurance
framework
· Undertake organisational
development with teams to
rebuild trust and promote
psychologically safe workplace
· SLWG to be set up to progress
all actions
· Organisational development
support commissioned
· Clinical
Governance
·End of February
2025
WB12 2023-24 Concerns raised in
relation to:
· Service
sustainability
· Waiting lists
· Staffing levels
· Provide confirmation of
actions underway and
planned to address concerns
· Include whistleblowers in
stakeholder engagement
and/or programme
board/governance
· Programme board relaunched
· Whistleblowers invited to
participate
· Clinical
Governance
·Complete
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WB13 2023-24 Concerns raised in
relation to a
community hospital:
· Raising concerns
through clinical
governance
· Effective
management of
concerns raised
through clinical
governance
· Communication and
engagement of staff
in clinical
governance
· Review and strengthen clinical
governance arrangements
within the hospital including
raising concerns and involving
staff in clinical governance
activities locally
· Improve communication to
staff on clinical governance
improvement plans
· Strengthen multi-disciplinary
working including MDT
meetings, ward rounds and
note keeping
· Improve senior nursing staff
visibility
· Review opportunities to link
with community dementia
team and provide inreach to
hospital
· SLWG set up to progress
actions including senior
nursing leadership
· Clinical
Governance
·End of January
2025