Rikenel

Montpellier

GLOUCESTER

GL1 1LY

Direct tel: 01452-891097

e-mail:

Website:

28 October 2018

Sent via e-mail to:-

Mr. P. Gaffney, LLB, BA,

c/o Whatdotheyknow.com

Dear Mr. Gaffney,

Our Reference: Freedom of Information request No. 1227/1492, seeking information onNHS Whistle blowing, which we received on 13.12.10.

I am writing to confirm that the Trust has now finished its search for the information you requested, which was as follows:-

1) Is there any case law or any other pieces of legislation or other pieces of NHS or professional guidance which protect any possible ‘whistleblower.’?

ANSWER: Yes

2) Does the duty to inform of ‘wrongdoing’ extend to other staff:legal advisors, managers and social workers,nurses and care assistants as well as doctors as well?Does it include a duty to inform of potential ‘wrongdoing’ that has come to light in other

trusts and the like?

ANSWER: Yes

3) What punishment is meted out to those who knew of alleged wrongdoing and remained silent?

ANSWER: There is no standardised procedure in such a situation; each case is investigated and dealt with on its own merits following the findings and outcomes.

4) How many staff members have ‘whistle blown’ in your organisation?

Which department were they in?

How many are still employed there?

What were the outcomes of the attempt to ‘whistle blow’?

ANSWER:

  • One member of staff
  • Working Age Adults Strategic Service Unit
  • This member of staff is still employed by the Trust
  • The outcome was that the matter was fully investigated in line with Trust policy and appropriate actions taken

5) Despite pieces of legislation and professional guidance such as these nearly 90% of severance packages between NHS Trusts and departing doctors contain confidentiality clauses.The charityPublic Concern at Work states that the law protects whistleblowers

even if they have signed confidentiality arrangements.

a) How many confidentiality arrangements have been reached with

former staff members?

ANSWER: None

b) What was the value of each agreement?

ANSWER: Not applicable

c) Does the 1998 Public Interest Disclosure Act make it illegal for NHS Trusts and other public bodies to include confidentiality clauses preventing the disclosure of information that is in the public interest? If not do they still have a duty to inform their

professional body or indeed anyone else? Does this extend to any ‘act or omission’ (a term used in the Human Rights Act ) on the part of your organisation?

ANSWER: This is a matter of interpretation of case law and legislation on the statute and, as such, it is not appropriate for a response to be provided under the Freedom of Information Act.

Should you have any queries about this letter, please do not hesitate to contact me, quoting the reference number above.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or have a review of our decision, you should write to:-

Andrene McDonald,

Complaints Manager,

2gether NHS Foundation Trust,

Rikenel,

Montpellier,

GLOUCESTER. GL1 1LY

Tel: 01452-891138

e-mail:

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner’s Office for a decision. Generally, the ICO cannot consider your case unless you have exhausted the complaints procedure provided by the Trust. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely,

Trish Bluett (Mrs.),

Information Governance Officer.