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A friend of mine (genuinely so, its not me!) has recently concluded a process where he raised a complaint in an NHS board under whistleblowing protection. The complaint was upheld. After it was all concluded he was contacted by the health board to inform him that there had been a breach of confidentiality and his name had been disclosed as the whistleblower in a email that went out. Quite understandably he has asked who the email went to and what the content of it was, but the health board are refusing to provide this detail stating (with complete lack of irony) that to do so would be a breach of confidentiality.
My view is that whistleblowing is underpinned by confidentiality and to breach this is really, really serious. So, if this is the case, what should he do next? The process has been stressful so there is an argument for dropping it and moving on to avoid further emotional investment. But then I also think there is a responsibility to those who may wish to follow in the future and need confidence in the confidentiality of the whistleblowing process.
Thoughts?
Union. There will be a procedure for this somewhere.
I'd get them to dig out the Trust/Org Information Governance Policy and Whistleblowing Policy (if they have one), to see what is covered in there about confidentiality. Usually there's a process for reporting breaches internally to an appropriate individual.
I'd also consider making a complaint to the Information Commissioner's Office - https://ico.org.uk/make-a-complaint/protection-for-whistleblowers-guidance/
If they haven't been doing so they need to keep a record of every conversation and interaction they have on this topic.
ACAS have some good advice, worth noting the pages that refer to what is essentially retaliation, which is why keeping a record of things, following up on conversations with email summaries of key points etc is so important should they want to go further. The NHS has form for 'losing' emails.
And if they're in a union, get them in the loop.
+1 for union. Presumably they'll have the correct expertise.
There is probably an argument for letting sleeping dogs lie on a personal level (this is bound to have been stressful and unpleasant). I'd say the counter to that is that this needs escalating as revealing the identity of a whistleblower (who is covered by an anonymity clause) is hugely counterproductive to an organisation that wants an effective safety net from whistleblowing.
Obviously the point about whether an organisation or individuals within it really want an effective policy is moot. Rules are rules.
I had my confidentiality breached once at work (nothing on the level of your friend), but it should have been respected. I didn't handle it very well - I reminded the HR person (verbally, off the record, and not in the most diplomatic language) of their responsibility. Luckily, that did sort it, but it was a stupid thing for me to have done.
do what relapsed_madalorian said and put in complaint to the Information Commissioner's Office
The ICO are independent and work to quite strict timelines.
They can also fine the organisation that made the breach
This kind of public interest whistleblowing is protected by law. If the WB suffers 'detriment' as a result of their wrongful identification, then in theory they could seek compensation. That potentially includes bullying/harrassment or unfair treatment because the organisation did not protect their identity.
Worth chatting to union or ACAS.
I'd also consider making a complaint to the Information Commissioner's Office
this would be my advice also.
Covered by a subject access request or whatever it us where you can ask for everything they have on you?
They can also fine the organisation that made the breach
What's the point in fining a public sector organisation?
As I ( now) understand this, having spoken with my wife who works in HR at a Trust. Your friend should definitely , via a ‘ subject access request’, be provided with a copy of the relevant email. It is likely though that the recipients and author of this correspondence might be redacted.
As I ( now) understand this, having spoken with my wife who works in HR at a Trust. Your friend should definitely , via a ‘ subject access request’, be provided with a copy of the relevant email. It is likely though that the recipients and author of this correspondence might be redacted.
Blimey, my Civil Service Data Protection refresher actually paid off!
My view is that whistleblowing is underpinned by confidentiality and to breach this is really, really serious.
You might think that, but technically there may be situations where disclosure is necessary / inevitable. What is protected by law is that the whistleblower should not be subject to detriment, dismissal, etc. because of their actions.
It's probably a technical point whether revealing an identity either deliberately or by accident is automatically detriment, I could certainly see it leading to detriment as a result, indeed there may be a breach of confidentiality in this case if there wasn't a real need to disclose the identity of the WB.
But back to main point - confidentiality is not part of the law itself.
oh, and re releasing further confidential info over who this was disclosed to - 2 wrongs don't make a right.
What's the point in fining a public sector organisation?
So they don't do it again
What's the point in fining a public sector organisation?
A dilemma that judges face. Fine the NHS and it moves money from one government pot to another and potentially harms patient care. Don't fine them and what's the motivation for them or others to get it right next time? Fines in public sector can create pain for those responsible - although often its cultural rather than individual failings.
As above speak to the union.
Raising a greivance might be useful. I would want to know that the person responsible for the breach is disciplind
Hmm yes there are correct things you can fro but whether you can/should is different.
We all know NHS Trust management is incredibly corrupt and self preserving
My view would be . Unions are shite and does your friend still want to keep their job ?
Whistleblowers in the NHS are seen as problems unfortunately, yes he can go on a crusade to do the right thing, but the fact is he is not powerful. I would even guess that the organisation would even turn on him
Unions can be very good. Mine was.
But yes at some point it can be best to let go. I think i would raise a formal grievance over this. That makes it much harder for them to rug sweep
Unions can be very good. Mine was.
But yes at some point it can be best to let go. I think i would raise a formal grievance over this. That makes it much harder for them to rug sweep
I think this is the best option, looking at the other comments. I'd also hope that raising a grievance sends the message that you won't back down if anyone wants to make life difficult for the whistle-blower.
But yes at some point it can be best to let go.
Indeed.
I guess the nature of the original complaint would make a big difference to me. If the complaint had been about the specific actions of individuals which they work with or their future career could be defined by I'd feel very different about it to if it was a complaint about a policy or procedure defined at trust level or 'imposed' by financial constraint. So if it was "my boss X does this bad thing and knowingly lets other people they line manage do it too" I'd feel differently about it to "Our duty of care specifically states we should do XXX but we have zero finance allocated so we knowingly don't do it".
Hmm yes there are correct things you can fro but whether you can/should is different.
We all know NHS Trust management is incredibly corrupt and self preserving
My view would be . Unions are shite and does your friend still want to keep their job ?
Whistleblowers in the NHS are seen as problems unfortunately, yes he can go on a crusade to do the right thing, but the fact is he is not powerful. I would even guess that the organisation would even turn on him
Replace 'NHS' with 'all organisations, private or public sector'...
I've to do Whistleblowing training every year, and every time I do it I'm reminded that if I was ever in the position to 'Whistleblow' I'd just leave the organisation instead. Heard too many stories and seen too many occasions where it's the Whistleblower that comes off the worse.
Heard too many stories and seen too many occasions where it's the Whistleblower that comes off the worse.
Current legislation/company policies appears to be all ‘Talk’ and very little ‘Walk’.
I’m sorry to say, but my brief skirmish with, was all ‘Whistleblower beware’ .. .. at best.