Latest News from PCaW
We are delighted to announce that our Chairman, Michael Smyth, has been awarded a CBE in recognition of his pro bono legal work at Clifford Chance.
Is whistleblowing working?
This is an audicast produced by the Chartered Institute of Management Accountants. CIMA and their interactive members challenge Public Concern at Work on some key questions about whistleblowing. The audiocast was broadcast live on 18 May 2009.
Review of the Combined Code and related guidance.
We responded to the Financial Reporting Council's above consultation. We recommended they review the role of NEDs in whistleblowing arrangements and extend the scope of PIDA to cover them. Further that they highlight the availability of guidance on whistleblowing arrangements in the BSI code of practice.
Public Administration Select Committee inquiry: Whistleblowing in Whitehall.
The inquiry was opened in response to the arrest of Chris Galley, the civil servant who had leaked documents to Damien Green MP. We recommended that they consider the Chairman of the Committee become a prescribed person under PIDA to receive substantive concerns from civil servants as this would help re-assert parliamentary oversight and provide a clear route for civil servants.
Safeguarding adults: a review of the 'No Secrets' guidance
This is our response to the Department of Health's consultation on reviewing the No Secrets guidance. We responded specifically on the questions regarding the need for whistleblowing policies. We recommended that the department demonstrate the importance of leadership by promoting good practice guidance for whistleblowing arrangements.
Consultation on the proposed code for local authority members and employees
This our response to the Department for Communities and Local Government's consultation. We look at the dangers of imposing duties on employees and suggest a new wording for the proposed code to give clearer guidance to employees who want to raise their concern.
The banking crisis and whistleblowing
At a time when the banking system is under fire for excessive risk taking and misconduct, with questions on how practices were able to develop unchallenged when staff must have known or been concerned about the risk, now more than ever the principles of openness and accountability must translate into practices in the workplace. In November and December 2008 we submitted a response outlining the importance of whistleblowing to the following Treasury Committee evidence sessions on the banking crisis.
Northern Rock and Bradford & Bingley
Executive remuneration
The work of the FSA
Secrecy in whistleblowing claims
Public Concern at Work continues to urge the government for greater transparency in claims brought under the Public Interest Disclosure Act 1998. Two amendments were tabled for the Employment Bill by Ian McCartney MP for debate in the Commons on 4 November 2008. The amendments received cross party support and we provided a brief to supporting MPs ahead of the debate.
Whistling in the dark
Peter Day from In Business on Radio Four looks a fresh look at whistleblowing 10 years after the Public Interest Disclosure Act was passsed.
BBC Radio 4, 16 October 2008
Public Concern at Work's response to Department of Health's Consultation on Responsible Officers
The Government, as part of the Health and Social Care Act 2008, enshrined the role of the responsible officer for all healthcare organisations. The responsible officer is meant to oversee all matters relating to revalidation and the conduct and performance of doctors on behalf of those organisations. We are concerned the Government may be placing a duty on such persons to report any issues of conduct and performance to the GMC. We felt the imposition or perception of such a duty could have a chilling effect on people blowing the whistle. We further commented on the importance of local accountability and make suggestions that we think will enhance local accountability rather than stifle it.
Information Commissioner decision: justice is opening up
Public Concern at Work has hailed the decision as an important step towards ensuring proper transparency and accountability in the administration of employment claims, in accordance with the principles of open justice. To read more see our press release.
Top job - filled!
Public Concern at Work is delighted to announce the appointment of Catherine Wolthuizen as the charity's new director. Catherine is currently chief executive of Fair Trials International and will take up the post on 22nd September 2008. Michael Smyth, chair of Public Concern at work welcomes Catherine and said “She brings strong skills and talent to the role and the Board is confident that Catherine will lead the charity well at this crucial time when whistleblowing is high on the UK and international agendas.” For more information please see our press release.
Whistleblowing to protect patients
232 nurses successfully blew the whistle and saved patients from harm. This is one of the findings from a survey of nurses we conducted with Nursing Standard. Of 752 responses 74% said they would blow the whistle next week even if they had suffered reprisals in the past. The good news is that nurses say the culture is improving year on year but 47% still said the concern was handled badly. Where a trust promotes whistleblowing well, 81% of nurses say they suffered no reprisal and 67% say the concern was handled well. In trusts where whistleblowing is not promoted this figure collapses to 16%.
Click here for our summary of the results and click here for the survey results.
Love me tender: keeping the NHS fit
Public Concern at Work has won the competitive tender to provide whistleblowing support to the third largest and the most complex organisation in the world. The contract - which is to provide advice and guidance for staff and bodies throughout the NHS in England and policy advice to Government - runs to April 2011. Anna Myers, PCaW’s deputy director, says “In the NHS, more than in any other organisation, whistleblowing can be a matter of life and death. From our work in the sector, we have expert experience on how best to raise a concern. In the months and years ahead, we look forward to working with staff and managers as they strive to put the patient first, while also building up the confidence of the public and the taxpayer”.
Blanket of secrecy
We are lobbying Parliament to remove the blanket of secrecy that means there is no information on the public record about 70% of claims brought under the Public Interest Disclosure Act 1998. We briefed the House of Lords in advance of Lord Borrie’s debate on 25 February 2008 and continue to press the case.
Rewarding whistleblowers
This is our response to the Government’s proposal that we might follow the US legal scheme whereby whistleblowers get a cut of 15-30% the money recovered by the Exchequer.
Whistleblowing policies in Whitehall
This review of whistleblowing policies in Whitehall finds that the Cabinet Office, which sets the standards for how public bodies behave, has the worst rated policy among Government departments. The top rating Department was Culture, Media and Sport with twenty five points, closely followed by the Department for International Development and the Department for Education and Skills. Public Concern at Work says that the central guidance on whistleblowing in the Directory of Civil Service Guidance needs to be overhauled so that it provides accurate and helpful guidance to departments on the whistleblowing law and the new Civil Service Code. The charity also recommends that all departments annually survey staff confidence in their whistleblowing arrangements and review how they are working in practice.
Where’s whistleblowing?
A You Gov survey commissioned by Pubic Concern at Work shows that public attitudes to whistleblowing are increasingly positive. 85% of people said they would raise a concern of malpractice with their employer and 31% said they would go to a regulator or the police if the internal route was not an option. An Ernst and Young survey on attitudes across Europe showed that attitudes in Britain were much more positive than those on the continent.
Freedom of Information Act - fees regulations
The government has published draft regulations that propose to include the time taken to read, consider and consult on Freedom of Information requests. This response asks that before any changes take place there should be an assessment of the benefits that the Freedom of Information Act has brought, and warns that the proposed savings have been miscalculated, and that costs of implementing the changes have been ignored.
To read the press release click here.
Collective responsibility at work
This paper looks at the issues of collective and individual responsibility in the workplace and how law and practice are developing in this area. It considers the effects of the important decision of Majrowski by the law lords in the summer of 2006 on workplace bullying and questions the basis on which the decision was reached. The points it raises have a wider implication for the relationships between the administration, executive, legislature and the courts. The essay also summarises how the whistleblowing law is operating.
Article 33 of the UN Convention Against Corruption
The UN Convention Against Corruption (UNCAC) includes a provision on whistleblowing. This note explains how countries around the world can sensibly comply with this provision.
The Whistleblower - Summer 2006
The latest round-up of key developments on whistleblowing. Email us to sign up for future issues of The Whistleblower.
DTI pays £130,000 damages for time wasting
Public Concern at Work receives ground-breaking compensation from the Department of Trade and Industry.
Revised Civil Service Code
We express our pleasure that the Civil Service Code will expressly mention the Public Interest Disclosure Act for the first time. However, we think the proposed internal whistleblowing provisions are over complicated, that the drafting is surprisingly poor and that the Code should include diversity as a core value. Public Concern at Work has suggested its own draft of the Civil Service Code in order to assist the Government.
Whistleblowing Best Practice
A summary of the Best Practice recommendations for public, regulatory, and professional bodies. This is soon to be supplemented by a draft standard - for more information, click here
