Practice Policy
Introduction
The Uplands Medical Practice helps protect the rights of its patients by providing a means for its employees to report any suspected malpractice, failure or malfunction at the surgery that could potentially endanger, or put at-risk, patients who use its services.
The means for the above procedure is provided through The Public Disclosure Act 1998; often referred to as the ‘Whistleblowing Act’. This Act provides protection for workers from being subjected to any detriment by their employer, and protection against victimisation and dismissal.
The Uplands Medical Practice is committed to effectively and promptly dealing with any malpractice, failure or malfunction that occurs and has numerous policies, procedures and systems in-place to help prevent such occurrences.
The Uplands Medical Practice follows the guidelines suggested in the revised version of the GMC document “Raising and acting on concerns about patient safety”, effective 12 March 2012, a copy of which can be downloaded here:
www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/raising-and-acting-on-concerns
The Uplands Medical Practice will not tolerate victimisation, harassment or detriment to any worker who has exercised their right and raised a concern under the Act.
The Uplands Medical Practice will ensure that all concerns raised are taken seriously and are fully investigated.
Detriment
The Uplands Medical Practice recognises a detriment as any one of the following:
- A restriction or a denial of promotion;
- Facilities;
- Training opportunities, or;
- Opportunities, which may have been offered if a disclosure, had not been made.
Concerns
A malpractice, failure or malfunction which is believed to be currently occurring, has previously happened, or is likely to happen in the future will not be tolerated by this surgery, and includes such events as:
- Any criminal offence;
- Any breach of a legal obligation;
- A miscarriage of justice;
- Endangering the health or safety of any worker or patient;
- Damage to the environment, or;
- Any deliberate cover-up of information in relation to any of the above.
Confidentiality
The Uplands Medical Practice will maintain complete confidentiality when any concerns are raised using the internal ‘Whistleblowing’ procedure.
Applicability
The ‘Whistleblowing’ policy and procedure applies to the following groups of workers:
- Employees under regular contracts of employment;
- Locums and other NHS contracted workers;
- Contractors providing services;
- Temporary or day workers;
- Trainees on vocational and work experience schemes.
Procedure
The following procedure must be adopted when raising a concern:
- If you wish to raise a malpractice, failure or malfunction which you believe to be currently occurring, has previously happened, or is likely to happen in the future, you must inform the duty GP (in writing) of your concern;
- If the above person is the subject of the concern, you should inform their immediate superior (in writing) of your concern;
- You should fully explain the nature and extent of your concern;
- Your concern will be investigated fully and you will be promptly advised of the progress;
- On conclusion you will receive a written response to your concern detailing the outcome of the investigation;
- If you are not satisfied with the investigation or the outcome of the investigation then you have the right to notify the appropriate prescribed person. Malisha Fatima, Practice Manager, holds a list of prescribed persons;
- If you believe you have been subjected to victimisation, harassment or suffered a detriment (at any time) due to you raising a concern, then this is regarded as a serious disciplinary offence and will be dealt with in-line with normal Practice disciplinary procedure;
- In the first instance you must inform the duty GP (in writing) of your detriment;
- If the above person is the subject of the detrimental behaviour, you should inform their immediate superior (in writing) of your detriment;
- A full investigation into the suspected victimisation, harassment or detriment will then be conducted.
If we conclude that you have made false allegations, whether in relation to raising a concern maliciously, in bad faith or with a view to personal gain, then you will be subject to disciplinary action.
We have put this policy in place to allow you to raise concerns internally with the assurance that this will be dealt with adequately. We feel that this should mean that you would not need to make a disclosure externally.
The law recognises that in some instances external disclosures, to a regulator for example, will be required. We strongly encourage you to seek advice before reporting a concern to anyone external.
You can call ‘The independent whistleblowing charity’ which has changed its name to PROTECT, speak up, Stop Harm, if you have a concern. They operate a confidential helpline (020 3117 2520).
They also have a list of prescribed regulators for reporting certain types of concern.
RAISING A CONCERN WITH A REGULATOR
If the employers are registered with a regulatory body, such as the General Medical Council (GMC) or the Care Quality Commission (CQC), then you may wish to contact them to investigate the issue in circumstances where;
- You feel that the responsible person or local body is part of the problem you wish to report
- Concerns have been raised through local channels but not satisfied that adequate action has been taken by the responsible person/body
- You feel there is an immediate and serious risk to patients and a regulator (or a similar external body) has the responsibility to act or intervene.
RESOURCES
Whistleblowing: Quick Guide to Raising a concern with CQC
REGULATORY AND INVESTIGATORY BODIES
General Chiropractic Council – Website: www.gcc-uk.org; Phone: 020 7713 5155
General Dental Council – Website: www.gdc-uk.org; Phone: 020 7887 3800
General Medical Council – Website: www.gmc-uk.org; Phone: 0161 923 6602
General Pharmaceutical Council – Website: www.pharmacyregulation.org
Phone: 020 3365 3400
Pharmaceutical Society of Northern Ireland – Website: www.psni.org.uk; Phone: 028 9032 6927
Health Professions Council – Website: www.hpc-uk.org; Phone: 020 7582 0866
Nursing and Midwifery Council – Website: www.nmc-uk.org; Phone: 020 7637 7181
OTHER REGULATORY AND INVESTIGATORY BODIES
Care Quality Commission – Website: www.cqc.org.uk; Phone: 03000 616161
Monitor – Website: www.monitor-nhsft.gov.uk; Phone: 020 7340 2400
National Patient Safety Agency – Website: www.npsa.nhs.uk ; Phone: 020 7927 9500
NORTHERN IRELAND
Regulation and Quality Improvement Authority in Northern Ireland
Website: www.rqia.org.uk; Phone: 028 9051 7500
SCOTLAND
The Care Inspectorate
Website: www.scswis.com; Phone: 0845 600 9527
Healthcare Improvement Scotland
Website: www.healthcareimprovementscotland.org; Phone: 0131 623 4300
WALES
Healthcare Inspectorate Wales
Website: www.hiw.org.uk; Phone: 029 2092 8850
IF YOU NEED TO RAISE A CONCERN AND UNABLE TO SPEAK TO SOMEONE IN THE PRACTICE OR THE NOMINATED FREEDOM TO SPEAK UP GUARDIAN THEN PLEASE SEE THE NEXT PAGE WITH DETAILS OF PEOPLE YOU CAN CONTACT.
Need to raise a concern about Patient or Staff Safety
How do I tell CQC?
You can contact us by telephone, email or letter. Please tell us that you are raising a concern and that you are a worker who is either employed by, or providing services to, a registered provider.
Call us on: 03000 616161
Email us at: [email protected]
Our opening hours are:
Monday to Friday: 8.30am – 5:30pm
Write to us at:
CQC National Correspondence
Citygate Gallowgate
Newcastle upon Tyne
NE1 4PA