Recommendation 26: Clear national whistleblowing policy
From Report of the Morecambe Bay Investigation, published 3 March 2015.
Recommendation
We commend the introduction of a clear national policy on whistleblowing. As well as protecting the interests of whistleblowers, we recommend that this is implemented in a way that ensures that a systematic and proportionate response is made by Trusts to concerns identified. Action: the Department of Health.
In brief (written by this site)
The Investigation recommended introducing a clear national whistleblowing policy for trusts responding to concerns. In commentary of September 2024, published in February 2026, the Department of Health and Social Care and National Health Service (NHS) England stated that the Thirlwall Inquiry had noted action taken in response to this recommendation (DHSC and NHS England, Feb 2026). In September 2026, the Inquiry reported that "the move towards less national oversight, with the abolition of the NGO, is worrying in this context" (The Rt Hon. Lady Justice Thirlwall DBE, Sep 2026).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 5 Oct 2026. The record below is the sources' own words.
Government response
50. We accept this recommendation. The Department has accepted in principle the recommendations made by Sir Robert Francis QC in his Freedom to Speak Up report; and has consulted on a package of measures to support implementation of the principles and actions that he set out in that report. 51. The consultation, which closed on 4 June 2015, focused on how measures can be implemented locally, the role of national bodies, the role and title of the Freedom to Speak Up Guardian, and standards for professionals on how to raise concerns. The Department's response to the consultation, including measures to better support whistleblowers in future, are described earlier in this document. 52. In particular, a new Independent National Officer for whistleblowing will be hosted by the Care Quality Commission. This role will provide national leadership not just on the treatment of whistleblowers but on how providers respond to the concerns raised by staff. The Care Quality Commission already look at how providers respond to complaints, other forms of patient feedback and how well the provider engages its staff; in the future the Care Quality Commission will also consider in its inspection programme whether providers respond receptively to issues raised by staff. The Department's response also sets out measures to facilitate a Freedom to Speak Up Guardian in every Trust.
How this response relates to the recommendation
Site note: This is the Department of Health's response, "Learning not blaming" (Cm 9113, July 2015), to the Morecambe Bay Investigation and two other reports. The department has been the Department of Health and Social Care since January 2018, and the rows are filed under that name. Every word is the department's, including where it reports what another body has done or will do.
Delivery
DHSC and NHS England say completed (27 February 2026)
The Thirlwall Inquiry has noted action taken in response to this recommendation.
Site note: DHSC and NHS England's own account of progress, supplied to the Thirlwall Inquiry in September 2024 and printed in the Inquiry legal team's Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version dated April 2025, published 27 February 2026). It is not a finding of the Inquiry. Their reviewed extent of implementation reads “Implemented – Closed”. Table row: section 23.2 No. 26, PDF page 647.
Site note: DHSC and NHS England's entry for this recommendation says that the Thirlwall Inquiry noted action taken on it. The entry gives no other account of what was done.
Department of Health and Social Care says in progress (24 February 2020)
The Government has established an independent National Guardian to help drive positive cultural change across the National Health Service so that speaking up becomes business as usual. The National Guardian oversees a network of over 500 Local Guardians covering every trust. We have also enhanced the legal protections available for whistle blowers to prohibit discrimination against job applicants.
From: NHS: Disclosure of Information (written question UIN 544)
What other bodies have found
In their own words. These do not change the delivery statement above.
Thirlwall Inquiry (15 September 2026)
The move towards less national oversight, with the abolition of the NGO, is worrying in this context (see below).
From: Report of the Thirlwall Inquiry: Countess of Chester Hospital, 2015 to 2018, Volume III (accessible)
Thirlwall Inquiry legal team (15 May 2024)
Links to Freedom to Speak Up Inquiry – see Principle 2 and Principle 20 of the Recommendations.
NHS England introduces a clear national policy on Whistleblowing which applies to all NHS providers.
Site note: The Thirlwall Inquiry legal team's own notes on implementation, from its Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version of 15 May 2024). The review colours its Extent of Implementation cell for this recommendation green, which it uses to mark evidence, identified by the legal team, that a recommendation has been clearly implemented. Table row: section 20.2 No. 26, PDF page 609.
Source
Responsible bodies
Themes and tags
Who has spoken
- Department of Health and Social Care
Response, delivery statement - DHSC and NHS England
Delivery statement - Thirlwall Inquiry
Finding - Thirlwall Inquiry legal team
Finding