Case ref: 202107505
NHS organisation: Borders NHS Board
Subject: Handling of Whistleblowing Concern
Date: September 2023
This is the report of the Independent National Whistleblowing Officer (INWO) on a whistleblowing complaint about the handling of a whistleblowing concern. It is published in terms of section 15(1) of the Scottish Public Services Ombudsman Act 2002 which sets out the INWO’s role and powers. There is more information about this here https://inwo.spso.org.uk/ Supported by the confidential appendixes, it is a full and fair summary of the investigation.
Supported by the confidential appendixes, it is a full and fair summary of the investigation.
Executive summary
The complainant (C) complained to the INWO about Borders NHS Board (the Board). C was involved in a whistleblowing investigation carried out by the Board under the National Whistleblowing Standards.
1. The complaint I have investigated is:
- the Board has failed to appropriately handle the whistleblowing concerns raised in accordance with the Standards. (upheld)
- the Board has failed to treat staff involved with the concern appropriately. (not upheld)
2. As a result of my findings, the Board have been asked to implement a number of recommendations and consider and reflect on other feedback, particularly in relation to compliance with the National Whistleblowing Standards.
3. My investigation also identified a number of areas of good practice by the Board, which have been included in my feedback.
Recommendations
What INWO are asking the Board to do for C:
| Rec No. |
What we found |
What the organisation should do |
What we need to see |
|---|---|---|---|
|
1. |
Under 2.1 I found:
· that the Board could have been more active in providing support for C.
· that the Board could have better protected C’s confidentiality.
· that there were shortcomings in the handling of the concerns in accordance with the Standards in regard to
- the roles of whistleblowing staff and |
Apologise to C for the shortcomings in provision of support for C, the breach of C’s confidentiality and case handling. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets |
A copy of a letter or other record confirming an apology was given to C. |
What INWO are asking the Board to improve the way they do things:
| Rec No. |
What we found |
What the organisation should do |
What we need to see |
|---|---|---|---|
|
2. |
Under 2.1 I found:
|
Learning is identified from this case and actioned appropriately. |
Evidence that the Board has identified and actioned (or plans to action) learning. By: 15 November 2023 |
What INWO are asking the Board to do to improve their compliance with the Whistleblowing Standards:
| Rec No. |
What we found |
Outcome needed |
What we need to see |
|---|---|---|---|
|
3. |
Under 2.1 I found
· that there were shortcomings in the handling of the concerns in accordance with the Standards, in regards to the roles of whistleblowing staff. |
Officers involved in handling whistleblowing concerns must discharge their roles in accordance with the responsibilities set out in Part 4 of the Standards.
|
Evidence that the Board has reviewed the roles of the staff involved in whistleblowing, in light of this investigation. By: 15 November 2023 |