NHS staff must ‘blow the whistle’, say MPs

MPs have warned that doctors, nurses and midwives must report their concerns about their colleagues, known as ‘whistle-blowing’, or face their failure to report being investigated instead.

The warning came from the cross-party health select committee and was directed at the regulators. The MPs told the General Medical Council (GMC) and the Nursing and Midwifery Council (NMC) that they must do more to warn NHS staff of their obligation to report their concerns.

The committee said this was important as many doctors, nurses and midwives are at a higher risk of being investigated for failure to report than they are of being investigated for their own poor performance.

The GMC said it recognises that it must do more in this area and said that it is committed to doing so. It reported that in the past five years it has investigated 80 doctors for failing to report their concerns about fellow NHS staff.

The committee chairman, the Conservative MP Stephen Dorrell, said: "If there are doctors or nurses who unreasonably fail to report serious concerns, they should be held to account.”

However, he acknowledged that sometimes NHS staff face disciplinary action for whistle-blowing.

Dorrell said: "There have been examples of people raising concerns, and then facing inappropriate or heavy-handed action from their employer.

"We intend to follow up and to examine what is appropriate and what isn't, in terms of how employers respond."

Peter Walsh, from the charity Action against Medical Accidents (AvMA) said: "Many whistle-blowers are affected by threats and bullying. They lack independent help and support.

"If there are doctors or nurses who unreasonably fail to report serious concerns, they should be held to account.

"However, the management who make it so difficult for staff to raise concerns must also be held to account."

The GMC is currently conducting an investigation into doctors at Stafford Hospital. Although their own practice is not being questioned, they are being scrutinised for their failure to report colleagues about whom they had concerns.

In order to allay fears of potential whistle-blowers, the committee did conduct a consultation into the strengthening of safeguards for whistle-blowers, which concluded in January 2012. The report is yet to be published.

For legal advice on whistle-blowing and your rights, or if you are an employer and you want to know how you should approach this, contact Job Justice today. We work with local employment solicitors throughout the UK and we can find the right one for you or your business/organisation.