Policy on Whistleblowing

The term ‘whistleblowing’ refers to the informing of management by staff, with the good of service users in mind, of any malpractice or mistakes or of causes for concern to do with other staff. Direct Medics Ltd. recognises its responsibility to identify such situations and to take the appropriate remedial actions. The company relies upon a culture of openness within the organisation to encourage the prevention of malpractice.

All agency staff are encouraged to raise any genuine concerns about any malpractice, suspected crime, breach of legal obligations, miscarriage of justice, danger to health and safety or the environment, financial malpractice, fraud, corruption and breach of any other statutory regulations, or any cover-up of these, that they may come across, which affects the agency, its service users or other staff.

This policy is designed to give staff who raise concerns opportunity and protection and is intended to remove any concern over the possibility of victimisation:

i. Staff should not hesitate to blow the whistle on suspected or actual malpractice;

ii. All staff have statutory protection in line with the Public Interest Disclosure Act 1998, provided that concerns are raised in the correct way and they are acting in good faith;

iii. The fear of being mistaken should not prevent a member of staff from raising their concerns, provided they are acting in good faith, and have a reasonably held suspicion;

iv. All staff who have a reasonably held suspicion, who raise concerns in the correct way and are acting in good faith will be protected from reprisal or victimisation and will not be risking their job security.

Staff should also be aware that there are additional organisations to which they can report concerns, such as the Nursing and Midwifery Council or the Regulation and Quality Improvement Authority.

The types of disclosure that this policy is intended to cover include the following:

i. a criminal offence;

ii. a failure to comply with a legal obligation;

iii. a miscarriage of justice;

iv. endangering the health and safety of any individual;

v. damage to the environment;

vi. financial malpractice, including fraud, theft, corruption and deliberate damage to property;

vii. clinical incompetence;

viii. concealment of information relating to any of the above.

Staff who fail to follow this procedure and knowingly withhold information or evidence on any of the above occurrences or areas may be subject to disciplinary action, or to criminal proceedings in the event of a criminal investigation.

If concerned about any form of malpractice or any of the areas listed above staff should normally raise the issue with the Nursing Manager verbally or in writing. Allegations of abuse in particular will be taken through the following steps:

Reporting to a single referral point
Recording the precise factual details of the alleged abuse
Enquiry and verification to establish the substance of the initial reports
Initial coordination involving representatives of all agencies which might have a role in a subsequent investigation
Investigation
Joint discussion, decision and case planning
Implementation of agreed actions
Monitoring and review

Clients and agency staff will be informed that complaints would be dealt with independently, treated seriously and that they will be informed of the outcome.

Presumption of innocence should clearly underpin all dealings and proceedings with regard to those against whom a complaint or allegation has been made, until there is evidence to the contrary and is proved otherwise.

Complaints involving a member of staff will be dealt with taking into account their rights under employment legislation and internal disciplinary procedures and they will be allowed to be represented by an advocate of their choice.

Alleged perpetrators who are also vulnerable adults themselves have the right to the support of an appropriate adult whilst they are being questioned by the police, under the police and Criminal Evidence Act.

Staff should also be aware that there are additional organisations to which they can report concerns, such as the Nursing and Midwifery Council or the Regulation and Quality Improvement Authority.