Freedom to Speak Up Review

Freedom to Speak Up: An Independent Review into Creating an Open and Honest Reporting Culture in the NHS
Completed
Sir Robert Francis · Published 11 February 2015 · Commissioned by Department of Health
Health & Social Care

Independent review of whistleblowing in the NHS, examining why staff who raised patient safety concerns faced bullying and discrimination. Set out 20 principles and actions to create a more open reporting culture.

22recommendations 22Not Yet Responded

Government Response

Government accepted the principles and actions; a Freedom to Speak Up Guardian role was established in every NHS trust and a National Guardian's Office created.

Recommendations

Recommendation Principle 1
DH/NHS England
Culture of safety: Every organisation involved in providing NHS healthcare, should actively foster a culture of safety and learning, in which all staff feel safe to raise concerns.
Recommendation Principle 10
DH/NHS England
Training: Every member of staff should receive training in their organisation's approach to raising concerns and in receiving and acting on them.
Recommendation Principle 11
DH/NHS England
Support: All NHS organisations should ensure that there is a range of persons to whom concerns can be reported easily and without formality. They should also provide staff who raise concerns with ready access to mentoring, advocacy, advice and counselling.
Recommendation Principle 12
DH/NHS England
Support to find alternative employment in the NHS: Where a NHS worker who has raised a concern cannot, as a result, continue in their current employment, the NHS should fulfil its moral obligation to offer support.
Recommendation Principle 13
DH/NHS England
Transparency: All NHS organisations should be transparent in the way they exercise their responsibilities in relation to the raising of concerns, including the use of settlement agreements.
Recommendation Principle 14
DH/NHS England
Accountability: Everyone should expect to be held accountable for adopting fair, honest and open behaviours and practices when raising or receiving and handling concerns. There should be personal and organisational accountability for: poor practice in relation to encouraging the raising of concerns and responding to them; the victimisation of workers for making public interest disclosures; raising false concerns in bad faith or for personal benefit; acting with disrespect or other unreasonable behaviour when raising or responding to concerns; inappropriate use of confidentiality clauses.
Recommendation Principle 15
DH/NHS England
External Review: There should be an Independent National Officer (INO) resourced jointly by national systems regulators and oversight bodies and authorised by them to carry out the functions described in this report, namely: review the handling of concerns raised by NHS workers and/or the treatment of the person or people who spoke up, where there is cause for believing that this has not been in accordance with good practice; advise NHS organisations to take appropriate action where they have failed to follow good practice, or advise the relevant systems regulator to make a direction to that effect; act as a support for Freedom to Speak Up Guardians; provide national leadership on issues relating to raising concerns by NHS workers; offer guidance on good practice about handling concerns; publish reports on the activities of this office.
Recommendation Principle 16
DH/NHS England
Coordinated Regulatory Action: There should be coordinated action by national systems and professional regulators to enhance the protection of NHS workers making protected disclosures and of the public interest in the proper handling of concerns.
Recommendation Principle 17
DH/NHS England
Recognition of organisations: CQC should recognise NHS organisations which show they have adopted and apply good practice in the support and protection of workers who raise concerns.
Recommendation Principle 18
DH/NHS England
Students and Trainees: All principles in this report should be applied with necessary adaptations to education and training settings for students and trainees working towards a career in healthcare.
Recommendation Principle 19
DH/NHS England
Primary Care: All principles in this report should apply with necessary adaptations in primary care.
Recommendation Principle 2
DH/NHS England
Culture of raising concerns: Raising concerns should be part of the normal routine business of any well led NHS organisation.
Recommendation Principle 20
DH/NHS England
Legal protection should be enhanced.
Recommendation Principle 3
DH/NHS England
Culture free from bullying: Freedom to speak up about concerns depends on staff being able to work in a culture which is free from bullying and other oppressive behaviours.
Recommendation Principle 4
DH/NHS England
Culture of visible leadership: All employers of NHS staff should demonstrate, through visible leadership at all levels in the organisation, that they welcome and encourage the raising of concerns by staff.
Recommendation Principle 5
DH/NHS England
Culture of valuing staff: Employers should show that they value staff who raise concerns, and celebrate the benefits for patients and the public from the improvements made in response to the issues identified.
Recommendation Principle 6
DH/NHS England
Culture of reflective practice: There should be opportunities for all staff to engage in regular reflection of concerns in their work.
Recommendation Principle 7
DH/NHS England
Raising and reporting concerns: All NHS organisations should have structures to facilitate both informal and formal raising and resolution of concerns.
Recommendation Principle 8
DH/NHS England
Investigations: When a formal concern has been raised, there should be prompt, swift, proportionate, fair and blame-free investigations to establish the facts.
Recommendation Principle 9
DH/NHS England
Mediation and dispute resolution: Consideration should be given at an early stage to the use of expert interventions to resolve conflicts, rebuild trust or support staff who have raised concerns.
Recommendation Recommendation 1
DH/NHS England
All organisations which provide NHS healthcare and regulators should implement the Principles and Actions set out in this report in line with the good practice described in this report.
Recommendation Recommendation 2
DH/NHS England
The Secretary of State for Health should review at least annually the progress made in the implementation of these Principles and Actions and the performance of the NHS in handling concerns and the treatment of those who raise them, and report to Parliament.