New Protections For Whistleblowers In England Under NHS Manager Proposals

25th November 2024

Secretary of State pledges to hold NHS managers accountable, and ban those who commit serious misconduct.

Regulation will bring in professional standards and support a culture of transparency.

Proposals will ensure patient safety is at the heart of leadership in an NHS fit for the future

NHS managers who silence whistleblowers or endanger patients through misconduct could be barred from working in the NHS, under proposals being announced by Health Secretary Wes Streeting this week.

A public consultation will be launched on Tuesday (26 November 2024) seeking views on government proposals to regulate health service managers, ensuring they follow professional standards and are held to account.

The Department of Health and Social Care will also consult on whether to introduce a new professional duty of candour on managers, and in addition to make managers accountable for responding to patient safety concerns.

The changes are part of the government's work to rebuild Britain and get the NHS back on its feet. They are designed to tackle a culture of cover up which has been found to be present it several patient safety scandals in recent years.

Karin Smyth, Minister of State for Health, said:

To turn around our NHS we need the best and brightest managing the health service, a culture of transparency that keeps patients safe, and an end to the revolving door that allows failed managers to pick up in a new NHS organisation.

Earlier this month the Secretary of State promised that as part of our 10 year plan for health we will reform the NHS so that it rewards success and acts decisively on failure.

Today’s announcement builds on that promise and help us build a health system that protects patients and is fit for the future.

Regulation will prevent the revolving door that allows individuals with a record of poor performance or misconduct to continue to work in the health service. It would deliver on the Government’s manifesto commitment to introduce professional standards and regulate NHS managers.

Tens of thousands of clinical and non-clinical managers work in the NHS but there is currently no single regulatory framework for them in the same way as doctors and nurses.

Options being considered by the consultation include a voluntary accreditation register, statutory barring mechanisms and full statutory registration.

Patients, health and care staff, and professional bodies are also being asked for their views on whether to introduce a statutory duty of candour which would make NHS managers legally accountable for responding to concerns about patient safety.

At a minimum, all board-level directors in NHS organisations in England, arm’s length body board level directors and integrated care board members will be under the new regulatory system.

The consultation will run for 12 weeks from Tuesday, after which the department will consider responses to the consultation and will set out next steps in due course.

The move follows the announcement of a new College of Executive and Clinical Leadership to attract, develop and keep the best talent in NHS leadership.

Regulation will come alongside support and development, with managers being given the tools they need to meet standards with training offers.

NHS England is developing a single code of practice, standards and competencies for leaders and managers at all levels in the health service, together with a national training curriculum.

On Tuesday the Department of Health and Social Care will publish a report from a call for evidence on duty of candour, which was launched in December 2023.

Amanda Pritchard, chief executive of NHS England, said:

It is right that NHS managers have the same level of accountability as other NHS professionals, but it is critical that it comes alongside the necessary support and development to enable all managers to meet the high quality standards that we expect.

We welcome this consultation and already have a range of work underway to boost support for managers in the NHS and to help set them up to succeed - this includes creating a single code of practice, a new induction process and a new set of professional standards, which will ultimately help drive improvements in productivity and patient care.

Rachel Power, chief executive of the Patients Association said:

We welcome this public consultation on government proposals to regulate health service managers. Patients tell us that accountability and transparency is often lacking in their healthcare journeys.

We encourage everyone who has experienced NHS care, especially those who have felt unheard by the system, to contribute their views. We will support patients to engage with this consultation as genuine partnership with patients builds a safer healthcare service.