We must listen to whistleblowers, says new NHS chief

The Times Health News 8 May 2014
Watch video   (please click)

David Drew

After seven years as the head of Walsall Manor Hospital’s paediatric department, Dr Drew raised a series of concerns about poor patient care, including the claim that babies were being put at risk by the cold wards. The devout Christian was sacked in 2010 and accused of creating a “toxic environment”

Edwin Jesudason
The award-winning paediatric surgeon resigned from Alder Hey Children’s NHS trust in Liverpool three years after he and a colleague blew the whistle on fatalities and a culture of “fear and bullying” in 2009
Annabelle “Loo” Blackburn
Days after she started at a GP practice in north Oxford in 2010, the nurse reported that more than 300 blood samples had allegedly never been tested. One of these was said to have revealed that a man in his 70s had been suffering prostate cancer for four years. Mrs Blackburn lost a case against her trust for constructive dismissal
Jennie Fecitt
Mrs Fecitt turned whistleblower in 2008 after she and two other nurses at an NHS walk-in centre in Wythenshawe, Greater Manchester, warned managers that a colleague was allegedly unqualified. The three lost their employment dispute in the High Court. Mrs Fecitt now works for Patients First
Narinder Kapur
A distinguished neuropsychologist, Professor Kapur was sacked by Addenbrooke’s Hospital in Cambridge in 2010 after he complained repeatedly over several years that unqualified staff in some clinics were endangering patients. He was ruled to be a whistleblower at his tribunal and went on hunger strike to protest in 2012
Sharmila Chowdhury
The widowed radiographer was head of her department when she raised the alarm over alleged moonlighting by consultants at Ealing Hospital in 2007. Suspended and publicly marched out of the building, she spent four years fighting the trust in the courts and now risks losing her house

Pressure Grows to Deliver Justice for Whistleblowers

The Times Politics 7 May 2014

The group want Jeremy Hunt to assure health service workers that they can raise concerns without fearing for their careers

The group want Jeremy Hunt to assure health service workers that they can raise concerns without fearing for their careers

Doctors, nurses and MPs from both sides of the Commons united yesterday to demand justice for NHS whistleblowers who were ousted from their jobs after raising the alarm over poor care.
The new head of the health service faces growing pressure to reopen the cases of six former staff after The Times revealed that they had asked the government for a public inquiry into how they came to be punished for speaking out.
Five were recognised as whistleblowers during their employment tribunals and the medical skills of the sixth were not in question, his trust’s chief executive accepted. None has returned to their job.
The group wants Simon Stevens, the new head of the NHS, and Jeremy Hunt, the health secretary, to assure 1.4 million health service workers that they can raise concerns without fearing for their careers and livelihoods.

In Praise of Whistleblowers

NHS England should review the cases of six of them

Last updated at 12:01AM, May 7 2014

 

Whistleblowers can be difficult people and uncomfortable colleagues. They may act from a number of motives, not all of them noble. Their actions can cause immense embarrassment and sometimes even institutional damage. It is certainly understandable that their employers will rarely regard them with warm feelings of affection.

In an imperfect world, however, where mistakes and worse are made and then obscured to save faces or cover the derrières of those in power, where vested interests have no desire for the public to know the truth, whistleblowers are often essential. Indeed, we may want to encourage them to come forward with what they know. Instead they often find themselves facing disciplinary action for an unauthorised disclosure of information and for breach of contract.

This was certainly the case in the National Health Service until very recently. After the shocking revelations of what had being going on at the Mid-Staffordshire hospital trust, revelations we should remember that originated in whistleblowing by staff, the health secretary, Jeremy Hunt, took action to protect people who went public with their concerns. So-called “gagging clauses” in contracts of employment, whereby would-be whistleblowers stood to lose severance pay or benefits as a result of speaking out, were effectively abolished. Mr Hunt has claimed that a new “culture of openness” is spreading through the NHS, with hundreds of whistleblowers reporting instances of poor care every month.

We hope that Mr Hunt is right. But there is one more important way in which he can establish the message that no one will be made to pay for doing the right thing. As we reported yesterday, a group of six whistleblowers, whose activities predate the new era of NHS glasnost, are asking for their cases to be reviewed. They have written to the new head of NHS England, Simon Stevens, to request a fresh investigation into the way they were treated by their employers when their whistleblowing became known.

That some extraordinary injustices have been meted out to past whistleblowers was indicated last month by the case of Dr Raj Mattu. Dr Mattu, a cardiologist, drew attention to overcrowding at Walsgrave hospital in Coventry in 2001. Subsequently he found himself accused of a long series of unrelated misdemeanours and was dismissed. But after 12 years and millions of pounds spent in legal fees, an employment tribunal has found in Dr Mattu’s favour. He will shortly meet Mr Stevens to discuss what can only be described as his “ordeal”.

We may not presume that each of the six whistleblowers, all of them subjected to disciplinary measures of some sort, has been similarly wronged. But it does, at the very least, seem quite likely that some of them have lost jobs, pensions and peace of mind as a direct result of acting in the public interest.

Already a number of MPs of all parties have supported a review. This newspaper backs that call. We do so partly because there may well have been injustices in the past and, if that is the case, justice demands there is some form of compensation to those affected. But a more pressing reason for the review would be to send a message of encouragement to whistleblowers of the future. It is they who can expose wrongdoing and save lives in the NHS, and we should all support that.

I was blacklisted for speaking out, claims NHS whistleblower 

Published at 12:01AM, May 7 2014

Sharmila Chowdhury lost her job after whistleblowing on two senior doctors who were moonlighting at a private hospital while being paid by the NHS

Sharmila Chowdhury lost her job after whistleblowing on two senior doctors who were moonlighting at a private hospital while being paid by the NHS

Before Sharmila Chowdhury leaves her house each day, she puts on her wig and make-up. The ravages of her chemotherapy, however, are among the least of the radiographer’s worries.

For 27 years she worked her way up through the NHS in London, rising to become the manager of the imaging services department at Ealing Hospital NHS Trust. She was liked and respected and happy in her work.

Then the day came when she noticed that something was allegedly wrong in some of her colleagues’ timesheets. In 2007 she claimed that two doctors had been claiming for shifts at Ealing while they were moonlighting at a private hospital in Harrow.

It was then alleged that the trust had lost £250,000 of public money through similar arrangements.

She complained, but nothing happened at first. Then she walked into the nightmare world of the NHS whistleblower.

After a series of fraud claims against her that were never proven, she was suspended and marched out of the building in front of her staff. She won the subsequent interim relief tribunal in 2010, but the trust would not take her back. “Despite winning a hearing in which I was proven to be a whistleblower, I’ve no job and no money,” she said.

Last July Mrs Chowdhury, 54, went into a clinic for a routine scan and it was found she had breast cancer that had spread to her lungs. She said that a number of consultants had told her it was likely to be linked to the stress caused by the struggle over her job.

“There’s nothing you can do about it,” she said. “You just have to do the best. I still wear my make-up and my friends don’t realise I’m suffering, they don’t know at all.”

Mrs Chowdhury, a widow, now stands to lose her house at the end of a tree-lined terrace in west London. For several years she has barely been able to keep up with the interest payments on her mortgage and now, as the last of her savings drain out of her account, she is worried that even these may prove too much. She is also looking after her 23-year-old son, who is a student.

She has applied for several posts in the health service since leaving Ealing. Sometimes she succeeds, even after telling her interviewer that she is a whistleblower. Then her papers arrive at HR and the jobs melt away.

Once she tried for a position as a locum, a job for which she was outstandingly overqualified. She was offered an interview and then on the morning she was due to go in, she had a phone call to say it was cancelled. “I think I was blacklisted,” she said. “At one interview I said I was a whistleblower and they said that was fine. I had a job offer in writing. It was when I got to HR that there was a problem. We’ve all found the same. It’s not the clinical staff’s fault.”

In the course of her battle against the trust, Mrs Chowdhury has incurred more than £130,000 in legal fees. The judge in her employment tribunal ordered her former managers to reinstate her full salary for two years, but that was two years ago.

She has a wish list for Jeremy Hunt, the health secretary. First is an independent and public investigation into her case and the concerns she raised. Second is a job, or if not a job then a secure income and pension contributions until she retires.

She has called for a public inquiry into NHS whistleblowing and for the senior managers who hound their staff out for raising concerns to become accountable.

If possible, she wants other whistleblowers to be found jobs of the same standing — and if not, then for them to be paid until they retire.

Mrs Chowdhury is in regular contact with one of Mr Hunt’s special advisers and is optimistic that her concerns will be heard. Then again, she is optimistic about most things in her life.

Angie Bray, Mrs Chowdhury’s MP, said that she and others in her situation needed an avenue to justice.

“I think that Sharmila deserves all the support she can get,” she said.

“I would agree with re-examining cases where the individual involved in dealing with the whistleblower unsatisfactorily continues to be in authority in the NHS, and in short those who fail to address concerns raised by whistleblowers, who are continuing to work within the NHS, should face further questions.

“I do believe that [whistleblowers] do need serious attention given to this. If you want to encourage more openness and honesty, we’re going to have to make sure that we give them a proper support.”

 

NHS whistleblowers demand justice

Oliver Moody May 6 2014

Pressure is mounting on the NHS to reopen the cases of six of its most famous whistleblowers after they called for a judge-led public inquiry.

After a string of critical reports by MPs, the whistleblowers have written to a senior official at the Department of Health to ask for fresh investigations and compensation in what would be a series of landmark reviews.

The six are hopeful that Simon Stevens, the new head of the NHS, will radically change how the health service handles serious complaints from its staff in future. Last week he agreed to meet Raj Mattu, a heart doctor who won a 12-year battle to clear his name after going public with concerns about overcrowding on his wards.

Dr Mattu’s victory last month in an employment tribunal, one of the first of its kind, has lent impetus to others campaigning for restitution after losing their jobs in their battles with the NHS.

The six, led by David Drew, a paediatrician whose 37-year career was ruined after he voiced concerns about bullying and staff shortages, have written to Charlie Massey, a senior official in the health department. “We have all suffered employment, reputational and financial loss,” they wrote. “Some of us have had health problems and we have all endured severe stress. We would like our cases investigated and remedied at the earliest opportunity.”

The whistleblowers also called for a judicial public inquiry into the obstacles they had faced. Dr Drew has won the support of Andrew Mitchell, the MP for Sutton Coldfield and former chief whip, who has written to Dr Massey to call for the cases to be re-opened.

Another signatory, Sharmila Chowdhury, lost her job as a radiology manager at the Ealing hospitals NHS trust after complaining that consultants were taking tens of thousands of pounds in personal payments for ultrasound scans. She said that she would have to sell her house as a result of her battle against the trust.

“I have lost my career, my pension, and [am] about to lose my home,” she said. “I also now have cancer, which numerous consultants believe is due to the stress of whistleblowing.”

Ms Chowdhury, a widow struggling to support her son, said that she wanted all whistleblowers to be paid by the NHS until they retired if they had been forced out of their jobs. Last month she met a special adviser to Jeremy Hunt, the health secretary, to suggest reforms but has yet to hear back.

The other signatories to the letter include Narinder Kapur, a neuropsychologist who went on a hunger strike after being unfairly dismissed by Addenbrooke’s Hospital in Cambridge.

Dr Massey replied to say that although he could not yet make a decision about their “far-reaching” questions, their call for a fresh round of investigations was being considered “very carefully indeed”.

Dr Drew said that it was “no response at all”. He added: “The government and department of health have no answer to the large number of other whistleblowers who have been defeated by employment law and left to rot. The DoH has no interest in getting justice for frontline staff who have done the right thing [or] to learn the lessons of our cases.

Cleared doctor to tell NHS chief of war against him

Owen Humphreys/ Reuters
Raj Mattu was one of Britain’s leading heart doctors before he was suspended by his NHS trust after raising concerns about deaths on his ward
Dr Raj Mattu arriving at an employment tribunal in Birmingham
Raj Mattu was one of Britain’s leading heart doctors before he was suspended by his NHS trust after raising concerns about deaths on his ward

The new head of the NHS is to meet one of the country’s most prominent whistleblowers who has won a decade-long fight to clear his name.

Raj Mattu, one of Britain’s leading heart doctors before he was suspended by his NHS trust after raising concerns about deaths on his ward, was found to have been unfairly dismissed in a landmark employment tribunal last week.

His case became a cause célèbre after officials at the University Hospitals Coventry and Warwickshire NHS Trust fought a 12-year legal and public relations battle to gag him at a reported cost of between £6 million and £10 million.

Dr Mattu, 54, said that Simon Stevens, who became the chief executive of NHS England earlier this month and pledged radical, patient-centred reforms, has arranged to meet him to discuss the way the health service handles whistleblowing.

He said that he would show Mr Stevens how NHS officials tried to squash dissent, and that he would press for a panel of whistleblowers to be consulted about any changes to the system.

“It’s time the NHS senior executives found out what the relatively senior managers do,” Dr Mattu said. “They are faced with a situation where they can embrace my concerns and we can work together to solve it, or [they are] so concerned about their own position that they try to discredit me.”

He accused NHS officials of compiling dossiers of allegations against whistleblowers so their claims would be lost at an employment tribunal, and said neither he nor the nurses who raised complaints about overcrowding in the Walsgrave Hospital, Coventry, had ever been interviewed about it.

It has also emerged that Sir David Nicholson, the previous head of NHS England, dismissed concerns about Dr Mattu’s whistleblowing as an “employment matter” in 2010.

In a letter seen by The Times, Sir David wrote to another NHS whistleblower in the West Midlands, Dr Rita Pal, saying that the Department of Health would not intervene. “While I note the concerns you have expressed, this is an employment matter between Dr Mattu and the University Hospitals of Coventry and Warwickshire NHS Trust, and as such it would not be appropriate for the department to comment or become involved,” he wrote.

A spokesman for NHS England said: “On his very first day as NHS England chief executive three weeks ago, Simon Stevens called for a new culture of openness in the NHS, and argued that whistleblowers sometimes save patients’ lives by courageously speaking out. Since then he has continued to meet with and listen to patients, carers and frontline NHS staff, and has asked to meet Dr Mattu in the near future.”

Dr Mattu has also approached Jeremy Hunt, the health secretary, for a meeting, but has yet to receive a reply.

The cardiologist said that his career had been “destroyed” after he moved from a research post in London to work in Coventry, his home town.

Before the move, he had published a much-cited article on a genetic trait among people in Caerphilly that reduced the risk of heart disease by more than a quarter.

In December 1999 he warned staff at the Walsgrave Hospital in Coventry that a policy of putting five heart patients in four-bed bays had prevented essential equipment being used to save the life of a 35-year-old man.

He made his worries public in 2001 after the trust’s chief executive told the media that the policy was not causing unnecessary deaths, and he was suspended six months later.

The trust brought more than 200 allegations against him, including bullying, fraud and sexual impropriety, all of which were dismissed by the General Medical Council. Friends of the heart doctor said the trust had also hired a PR team and private detectives in their campaign against his reinstatement.

He was restored to his job in 2010, but dismissed a year later while being treated for a debilitating auto-immune disease affecting his liver and lungs.

After the ruling that Dr Mattu had been unfairly dismissed last week, the trust said in a statement that it would “continue to support all our staff to raise issues of concern in our effort to provide continuous improvement in our services to patients”

NHS whistleblower wants her job back to encourage others

Penny Gates  is  still out of work after taking on a hospital chief who barred her from other jobs in the NHSPenny Gates is still out of work after taking on a hospital chief who barred her from other jobs in the NHS

A whistleblower at the centre of an NHS nepotism scandal has said she must be offered her job back to show that the health service is truly welcoming of those who raise concerns about wrongdoing.

Penny Gates and Clare Sardari are still out of work after taking on a hospital chief who barred them from other jobs in the NHS. Ms Sardari said fighting the case was “the most awful time of my life” and that she had lost her identity along with her job, but she insisted she would do the same again, urging other whistleblowers to come forward.

They spoke to The Times after a tribunal found that hospital bosses tried to force them to stay silent and covered up an internal report to protect the chief executive of South Devon Healthcare NHS Trust, Paula Vasco-Knight, who is also a national spokeswoman for equality and diversity. Last night a meeting was held to consider her position but failed to reach a decision. It will reconvene next Wednesday.

Dr Vasco-Knight was accused of hiring her daughter’s boyfriend, Nick Schenk, for a role for which he had little experience, without admitting the connection. An employment tribunal found that she ought to have disclosed the relationship and failure to do so breached the NHS managers’ code of conduct and her “duty of good faith to her employer”. The hospital “adopted an astonishing course of action which in our unanimous view amounted to a dishonest attempt to suppress the findings” of a critical internal review.

Mrs Gates said yesterday that she had thought about raising her concerns after Dr Vasco-Knight and Mr Schenk took time off together. “We put two and two together and realised this gentleman went to Paula’s daughter’s graduation. I went to see my line manager and said, ‘I’m absolutely horrified’. And she said she knew. I thought, ‘Goodness, I don’t know what to do’.

The manager, Adrienne Murphy, warned the pair that they would lose their jobs “through dirty means” if they did not keep quiet, the tribunal heard.

Eventually both took sick leave, before resigning when hospital bosses refused to let them return. “I’d never been off sick at all before so to be signed off with acute anxiety was distressing in itself,” Mrs Gates said.

A tribunal will rule on compensation but Mrs Gates said: “The bottom line is we don’t have a job. I don’t think that’s a very good message for anyone in the NHS who thinks they should be a whistleblower.”

If Dr Vasco-Knight leaves, Mrs Gates is open to returning. “You go through what Clare and I have gone through and you get your job back — that would be a superb message to whistleblowers.

Ms Sardari is not so sure. She said: “A big part of me is saying, ‘No, you can never trust the NHS again’. ”

Leading figures joined calls last night for the government to review past cases and pay compensation for legal fees and lost income running to hundreds of thousands of pounds each. Such a move could open the floodgates to retrospective claims.
Charlotte Leslie, a Tory member of the health select committee, accused NHS directors of victimising whistleblowers. “The precedent that has been set is that if you raise patient-safety concerns you can lose your career and your reputation. While these historic cases are still unaddressed there will be a feeling that no one can raise concerns with any safety at all,” she said.
Ann Clwyd, a Welsh Labour MP who co-wrote a report on the NHS complaints system last year after her husband died in a Cardiff hospital, said that injustice had been done. “I would obviously support them looking at it afresh,” she added.
Patients First, a group representing nurses, doctors and other NHS staff who blew the whistle, said that it wanted to see historical cases reinvestigated and a judge-led inquiry set up by the government. Jennie Fecitt, its spokeswoman who was dismissed as a nurse after warning her managers that a colleague was unqualified, said it was time for the health service to stop “shooting the messenger”.
Mr Stevens, who took over as chief executive of NHS England last month, has spoken to several whistleblowers and arranged to meet Raj Mattu, a heart doctor whose victory in an employment tribunal has renewed hopes of a change of culture.
The government has brought in Helene Donnelly, a nurse who made almost 100 complaints about the treatment of patients at Stafford Hospital, as a senior adviser to the NHS. A new phoneline has been set up for whistleblowers.
However, David Drew, a paediatrician who was sacked from Walsall Manor Hospital after warning that patients were being put at risk, said that there was “political resistance” to understanding why NHS trusts tended to push whistleblowers into employment tribunals rather than taking their complaints seriously.
Narinder Kapur, a distinguished brain doctor who lost his job as head of neuropsychology at Addenbrooke’s Hospital in Cambridge after whistleblowing, called for English whistleblowers to be moved to another job in the NHS if they are sacked, as happens in Wales.
Bernard Jenkin, Conservative chairman of the public administration committee, which published a report on the “culture of denial” that led to the Mid Staffordshire hospital crisis, said yesterday: “Where whistleblowers have evidently raised legitimate concerns which were not being addressed and they have suffered as a consequence, these cases should be revisited.”
The Department of Health said that it was “absolutely clear that NHS staff who have the courage and integrity to speak out in the interests of patient safety must be protected and listened to”, but it was still considering the whistleblowers’ request.
“The issues faced by historic whistleblowers are extremely complex. We have received the letter and are currently considering the issues raised carefully.”
Mr Stevens said: “While no one can undo the past, in future the NHS needs to be much clearer about separating employment disputes from staff concerns about quality of care. NHS employers and regulators now urgently need to think about how best to do this.”

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NHS Whistleblowers Demand Justice

The Times Health News 6 May 2014
  • Owen Humphreys/ Reuters

Pressure is mounting on the NHS to reopen the cases of six of its most famous whistleblowers after they called for a judge-led public inquiry.

After a string of critical reports by MPs, the whistleblowers have written to a senior official at the Department of Health to ask for fresh investigations and compensation in what would be a series of landmark reviews.

The six are hopeful that Simon Stevens, the new head of the NHS, will radically change how the health service handles serious complaints from its staff in future. Last week he agreed to meet Raj Mattu, a heart doctor who won a 12-year battle to clear his name after going public with concerns about overcrowding on his wards.

Dr Mattu’s victory last month in an employment tribunal, one of the first of its kind, has lent impetus to others campaigning for restitution after losing their jobs in their battles with the NHS.

The six, led by David Drew, a paediatrician whose 37-year career was ruined after he voiced concerns about bullying and staff shortages, have written to Charlie Massey, a senior official in the health department. “We have all suffered employment, reputational and financial loss,” they wrote. “Some of us have had health problems and we have all endured severe stress. We would like our cases investigated and remedied at the earliest opportunity.”

The whistleblowers also called for a judicial public inquiry into the obstacles they had faced. Dr Drew has won the support of Andrew Mitchell, the MP for Sutton Coldfield and former chief whip, who has written to Dr Massey to call for the cases to be re-opened.

Another signatory, Sharmila Chowdhury, lost her job as a radiology manager at the Ealing hospitals NHS trust after complaining that consultants were taking tens of thousands of pounds in personal payments for ultrasound scans. She said that she would have to sell her house as a result of her battle against the trust.

“I have lost my career, my pension, and [am] about to lose my home,” she said. “I also now have cancer, which numerous consultants believe is due to the stress of whistleblowing.”

Ms Chowdhury, a widow struggling to support her son, said that she wanted all whistleblowers to be paid by the NHS until they retired if they had been forced out of their jobs. Last month she met a special adviser to Jeremy Hunt, the health secretary, to suggest reforms but has yet to hear back.

The other signatories to the letter include Narinder Kapur, a neuropsychologist who went on a hunger strike after being unfairly dismissed by Addenbrooke’s Hospital in Cambridge.

Dr Massey replied to say that although he could not yet make a decision about their “far-reaching” questions, their call for a fresh round of investigations was being considered “very carefully indeed”.

Dr Drew said that it was “no response at all”. He added: “The government and department of health have no answer to the large number of other whistleblowers who have been defeated by employment law and left to rot. The DoH has no interest in getting justice for frontline staff who have done the right thing [or] to learn the lessons of our cases.”

Jeremy Hunt: message to NHS staff on whistlebowing

The Secretary of State for Health on the important changes to support staff so they can raise concerns about patient care and safety.

One year on from Francis, my top priority remains to support you in creating a more patient-centred, compassionate NHS. So this week I have written to all NHS Trusts to reiterate how strongly I feel that staff should be able to raise any concerns about patient care and safety. We have put in place reforms to give you that reassurance, but in light of recent media reports I want it to be absolutely clear that whistleblowers speaking out about poor care should be confident they will be listened to.

To support you in this we have made a number of important changes. We have ensured that all NHS employment contracts include the right to raise concerns about care and amended the NHS Constitution to strengthen the commitment to supporting staff who do so. We are also funding a national helpline – independent from employers and the Department of Health and completely confidential – to provide advice to anyone in health or social care who wants to raise a concern. The number is 08000 724 725. We are also introducing a new duty of candour, so that when things go wrong, organisations have a duty to admit mistakes and tell patients what has happened. The professional regulators will be working together to include a new consistent professional duty of candour in codes of conduct. Together, these changes are intended to support you by building the open culture we need and where you can be confident that you can speak up for the patients in your care.

Patients First – Kim Holt and Roger Kline

Patients First- how we got here & what next? 

When PF first got together, we were intending to legally challenge some Trusts, ( and the CQC)!, with regards to the lack of adherence to good whistleblowing practice. We were already aware at that stage of a number of cases that were worrying us. These included Sharmila’s. Our concern about the CQC was whether they responded appropriately to whistleblowers, ensuring patients were safe. They didn’t at that time.

What happened immediately was that the campaigning side grew an energy of its own, more people contacted us, an informal network developed and before we knew it we were being asked for our opinion on whistleblowing. Our first objective was to raise general awareness of the challenges that whistleblowers face, and to have some cases presented to the Health Select Committee. We have achieved both.

We anticipated that the Francis report into the poor care experienced by too many at Stafford Hospital, especially the elderly would highlight the cultural problems that plague our health service. It did, but disappointingly not strongly enough.

 There are numerous staff surveys  http://www.nhsstaffsurveys.com/Page/1010/Home/Staff-Survey-2013  as well as reports on individual trusts – notably by the CQC and the Keogh review on 14 Trusts  http://www.nhs.uk/nhsengland/bruce-keogh-review/documents/outcomes/keogh-review-final-report.pdf    that demonstrate a real culture of blame and fear. The learning culture as aspired to by Berwick https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226703/Berwick_Report.pdf is still a distant dream for too many.

Patients First has given advice to many whistleblowers but we know this is just a tiny proportion of the staff who have spoken out and not been listened to or, worse, been victimised for doing so.

 We published The Life Cycle of the whistleblower, based on our own files. http://www.patientsfirst.org.uk/?p=806 and that evidence complemented academic research http://www.pcaw.org.uk/whistleblowing-the-inside-story highlighting the risks to staff who do.

Despite a lot of rhetoric and much more awareness of the problem with our current culture there is as yet no system wide improvement to the support for staff raising concerns .

We understand the problem as being a tendency to ignore issues until either a very loud noise is made or something tragic happens, when there is a mad panic to clean things up and sadly too often a temptation to cover up.

 We have made a number of specific proposals. Some have been adopted – one  proposal for example, is that when the CQC inspects they should talk to some whistleblowers to find out what has happened to them. How that will shift the culture & be linked to inspections remains to be tested.

But other proposals as a constructive proposal we made for An Early Intervention Scheme, appear to have kicked into the long grass by the Department of Health. Do the DH care enough to get this right?

 Ministers and employers remain in denial about the scale or significance of the problem and are prone to downplaying both. But for patients – and staff who whistleblow – this remains a fundamentally important issue.

No NHS Constitution or whistleblowing policy will stop the violation of human rights happening to caring staff such as Sharmila and Professor Jesudason. There is still a lot of work to do which is why we have called on the Sec of State to hold a public inquiry into whistleblowing. We believe that hoping things will all be ok is not good enough for our society.

We as leaders of Patients First have been astounded by the strength of feeling and commitment that campaigners are showing to changing the culture. We are preparing to move on to the next stage & pass on to a new team who can further develop the organisation into one which is sustainable. What we have achieved as a small group of campaigners has shocked ourselves, but it shows the power of the truth and hopefully can give people heart that not everyone wants to hide things. There are some genuine people out there.

We wish we could have stopped the bullying and sacking of whistleblowers, but sadly that campaign still needs to go on.

Kim Holt

 

 

 

The Speaking Out Summit (SOS)

The Speaking Out Summit to be held on Thursday 8 May 2014

Roy Lilley Roy Lilley

The summit will be introduced by Roy Lilley.

Roy Lilley is an independent health policy analyst, writer, broadcaster and commentator on health and social issues. Previously, a Visiting Fellow at the Management School, Imperial College London, he was also formerly at the Centre for Health Services Management at the University of Nottingham.

‘The Speaking Out Summit seeks to stimulate, debate and achieve consensus on a way forward for people and health trusts on the subject of speaking up and whistleblowing.’

 Speakers include Sir Robert Naylor, who is the chief Executive of University College London Hospitals (UCLH) who will discuss his approach to whistleblowing.

Dr Phil Hammond

Doctor GP and comedian Phil Hammond, who was a whistle blower at the Bristol baby hospital, who will be discussing , ‘Why are we where we are?’  Website

There will presentations from  whistleblowers Gary Walker and Dr David Drew.

Gary Walker

Gary was previously Chief executive at United Lincolnshire Hospitals Trust and spoke out over patient safety concerns.

David Drew

David is a former well respected pediatrician who blew the whistle on competence of a colleague. All delegates will be given a free copy of  David’s new book

Other speakers include James Titcombe, who is the national advisor on patient safety, culture and quality at CQC.  James will be discussing the role of the regulator and how it can be advanced.

Dean Royles, Chief Executive, NHS Employers will be discussing  why whistleblowing needs to happen. Royles was appointed as chief executive for NHS Employers in December 2010. Previous roles include director of workforce and education at NHS North West; director of HR and communications at United Lincolnshire Hospitals NHS Trust and deputy director of workforce for the NHS at the Department of Health, where he was responsible for developing a national HR strategy for the NHS.

Prof Christopher Newdick, Professor of Health Law at Reading University,  will talk about the legal imperatives for speaking out.  Professor Newdickcurrently teaches LLB in medical and contract law and is also a barrister.

Other speakers include, Dr Suzanne Shale, – Ethics Consultant, Dr Paul Hodgkin – Founder of Patient Opinion and Dr Jenny King – Edgecumbe Group.

In this full day event there will workshop sessions from experts in whistleblowing law, conflict resolution, organisational/leadership dynamics and enquiry management.

The Summit aims to create and promote best practice guidance for anyone involved in whistleblowing and speaking out, in any capacity, as well providing an intelligent and safe forum for discussion and debate.

Bookings and  further Information

Staff sacking and Suspensions over poor elderly care

Secret filming by BBC Panorama shows some residents being taunted, roughly handled and one being slapped

Related Stories

One staff member has been sacked and seven suspended from one of England’s largest care homes after an undercover probe by BBC Panorama found poor care.

The filming at the Old Deanery in Essex showed some residents being taunted, roughly handled and one was slapped.

The home said it was “shocked and saddened by the allegations”.

Care Quality Commission (CQC) figures seen by the BBC show over a third of homes that received warning notices in 2011 still do not meet basic standards.

Allegations of poor care and mistreatment at the 93-bed home in Braintree, where residents pay roughly £700 per week, were first raised by 11 whistleblowers in August 2012.

Essex County Council put it on special measures for three months until concerns were addressed.

Continue reading

Letter to George Osborne

3 August 2010

Rt Hon George Osborne MP

Chancellor of the Exchequer

LONDON SW1A 2HQ

Dear Mr Osborne,

Re:  Serious wastage of public money at Ealing Hospital NHS Trust

 I am enclosing the article which was published in the Independent 3 weeks ago. Further articles have now been published in the Ealing Gazette and in various other journals.

I have already paid a high price to ensure that wastage of public money is brought to an end.  My concerns have been reported to the key Directors within the Trust, which included: The Medical Director, The Clinical Director, The Finance Director, The HR Director, Assistant Director of Operations and The Chief Executive over the last 2 years. The matter had also been reported to NHS Counter fraud over a year ago. I have all written correspondences to support this.

To date no action or independent investigation has been taken within the Trust. All Directors continue to be in post, despite them being implicated in the fraud. The three consultants are also still in post. Meanwhile, I am facing my future with uncertainty by doing the job that I was employed to do as a budget holder for the department.

In October, Ealing Trust will be amalgamating with Brent and Harrow. So, the matter needs to be investigated as a matter of urgency.

I have done everything I can to bring about awareness of wastage within the Trust and have paid dearly in the process. However, all my attempts will have been futile if this matter is not taken seriously and investigated. Also, it means that in not too distant future, someone else will be facing same situation as myself, which is wholly unacceptable. The individual may not be as lucky as me in having a lawyer who has worked for free and have had barristers who have undertaken work at substantially reduced rates as they were appalled by what had happened to me.

I hope you will look into the serious situation within the Trust and if I may be of any assistance, then I would be more than happy to help.

Yours sincerely

Sharmila Chowdhury

 

 

David Drew – Author of Little Stories of Life and Death

th1. Tell us briefly about yourself

I’m 66. I have been married to a lovely woman for 43 years. We have 4 happily married children and (so far) 8 grandchildren. I qualified as a doctor in Bristol and trained there and in Birmingham to be a paediatrician.From 1977 to 1984 I worked in refugee camps in Indo-China and then at a University Teaching Hospital in Nigeria. After coming home for our children’s education I worked as a locum paediatric consultant in the West Midlands. From 1992 to 2010 I was a full-time consultant at the Manor Hospital in Walsall. In 2010 I was dismissed for Gross Misconduct and Insubordination. I have been unable to work as a paediatrician since then. I have unsuccessfully pursued Walsall Healthcare NHS Trust in the Employment Tribunal and the Employment Appeal Tribunal. I now work full time campaigning for the protection of NHS whistleblowers.

2. What inspired you to write a book?-

My eldest son, Simon, a PhD paeleo-ecologist pressurised me into it. I found it too painful, too wearying to go over the old ground and construct an interesting and readable narrative. Simon gave me the start and once I got going, with his insights and energy, I found a story I knew had to be told.

3. Tell us about the book-

It’s autobiographical. It begins with the disciplinary hearing in which the Director of Nursing at Walsall, Sue Hartley (I have used real names throughout), pronounces the death sentence over my medical career. The following chapters are a retrospective of childhood, medical school, postgraduate training and our years working abroad. After some years working as a consultant locum I arrive, in chapter 10, in Walsall. I have 9 enjoyable years doing mainly clinical work before being appointed head of department.

The “Troubles” occupy the years 2008 to 2010. These are the years in which I raise serious concerns about a paediatric consultant’s competency and conduct and subsequently mismanagement and service failure including major problems with child protection. This leads ultimately to my dismissal. I describe the internal disciplinary procedures and my recourse to law. It is an on-going story but in chapter 45 I find a resolution in a different kind of life.

4. Who is it suitable for?

Its for anyone interested in justice. Justice for patients and their relatives. justice for frontline staff who are bullied and punished for raising concerns. I believe every NHS frontline worker will appreciate, enjoy and learn from this story. Politicians, NHS managers, whistleblowers will benefit from reading it. Walsall Healthcare senior management seized upon an aspect of my rather quiet Christian faith to help destroy my career using a technicality in employment law. I believe those of any faith or none will learn about the importance of peaceful coexistence in society and in he workplace from my story. It is written in appreciation of some of the medical and nursing staff at Walsall Manor Hospital who suffered under an oppressive administration from 2008 to 2010.

Patients and parents who are sometimes left wondering what is going on inside the NHS will learn from this account of what can happen in a poorly led hospital. I wrote this book also for the family of Kyle Keen. “Kyle was unlawfully killed following catastrophic failures in basic safeguarding at Walsall Manor Hospital” as the dedication page reads.His family were never told this. I asked a Royal College of Paediatrics review panel to investigate this but they ignored me. To this day Kyle’s family have not learned what these failures were, how they were allowed to happen or why they have never been told.

5. What is your favourite part in the book?-

I cannot choose. There is so much here about life and death, truth and lies, patient safety and harm, philanthropy and self-interest. I cannot choose. My theme ultimately is about truth, forgiveness and reconciliation. I have survived as a ruined whistleblower because I need to forgive the people who did this to me and the journey towards that place (I have not yet fully arrived) has taught me things about myself I did not know and provided me with resources I knew nothing about. In the words of Joseph to his brothers who had sold him into Egyptian slavery, “You intended to harm me, but God intended it for good”. (Genesis 50:20) I am convinced good will come from my experience and from this book.

GetImageSelect to purchase The Little Stories of Life and death

Tel: 01162 792 299

e-book will be available in a week

“A book the NHS has been waiting for.”

Dr Phil Hammond, Private Eye

NHS Heros

There are numerous NHS whistleblowers who have had their lives destroyed in pursuit of protecting patients and the public.  Far too many to mention. I have included some of the whistleblowers who have been in the media. Select to read their stories.

Tracy Boylin          Dr David Drew             Dr Kim Holt          Raj Mattu

Edwin Jesudason             John Watkinson              Jennie Fecitt      

Julie Bailey           Sandra Haynes Kirkbright            Gary Walker

Ramon Niekrash          Helene Donnelly      Professor Narinder Kapur       

Margaret Haywood             Dr Peter Wilmshurst          Steve Bolsin

Shiban Ahmed         Loo Blackburn           Elsie Gayle

Surgeons suffer after claims of poor case

The Sunday Times-April 20, 2014-Martyn Halle
MINISTERS have been accused of reneging on a promise to protect whistleblowers in the NHS.
Two surgeons who complained about hospital standards have been suspended for a total of seven years after subsequent complaints about them. Their employers insist their suspensions are unrelated to their whistleblowing. The cases have emerged only days after Dr Raj Mattu, a cardiologist, won an employment tribunal case for unfair dismissal following a 12-year battle with University Hospital Coventry.
He was suspended in 2002 and dismissed in 2010 after revealing how two patients had died in dangerously overcrowded bays.
Dr Peter Tomlin, of the Doctor’s Support Group, said: “It is a typical management ploy to label someone who blows the whistle as a bully. We have constantly been promised better protection for whistleblowers and an end to long-term suspensions. But neither has happened.”

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Inquiry for NHS treatment of Whistleblowers

Leading doctor calls for inquiry into NHS treatment of whistle-blowers
DRaj-Mattur Raj Mattu Heart surgeon who raised alarm about poor care was found to have been wrongly dismissed
The treatment of NHS whistle-blowers must be subject to a public inquiry, a leading doctor and patient safety pioneer has said, after a heart surgeon who raised the alarm about poor care was found to have been wrongly dismissed by his hospital.

His intervention comes after a tribunal ruled on Wednesday that Dr Raj Mattu, a heart surgeon, was unfairly sacked by University Hospital of Coventry and Warwickshire NHS Trust in 2010, nine years after exposing the cases of two patients who died in crowded bays at the Walgrave Hospital in Coventry.

The tribunal ruled that Dr Mattu had been “subjected to many detriments by the Trust” because of his whistleblowing. The Trust ran up legal fees of £6m pursuing claims against him, and his solicitors said he had been “vilified, bullied and harassed out of a job he loved.”

 

Professor Jarman, director of influential hospital data analyst the Dr Foster Unit, said the case proved that “something must be done” about the treatment of whistle-blowers in the NHS, for the good of patient safety.

“It’s never really been properly solved. In the States you can get paid for whistleblowing. In the airline industry if you don’t report a problem within a certain period of time you get into trouble, and if you do, you’re considered to be doing a good thing,” he said. “We’ve reached the point where we’ve got to have something done…one would prefer a public inquiry where witnesses can be subpoenaed and must give evidence on oath.”

He added that all hospitals should appoint a board member responsible for whistle-blowing.

Mr Hunt has spoken out about the treatment of whistle-blowers in the NHS and recently wrote to all NHS trusts to remind them of their responsibility to allow staff to be honest and open about concerns over patient care.

A Department of Health spokesperson said Dr Mattu’s case highlighted “the vital importance of openness”

Letter From Patients First to Jeremy Hunt

Letter from Patients First to Jeremy Hunt re Mr Ahmed at Alder Hey Hospital
Our purpose is to reduce death and harm in the NHS by campaigning for the UK Government to create policies and laws that ensure the NHS becomes open and accountable and we will actively support all those who raise concerns about patient safety.  patientspfirst@aol.co.uk

By email only to Secretary of State for Health Rt Hon Jeremy Hunt MP

April 17th 2014

Dear Secretary of State

Re Alder Hey Children’s Hospital Foundation Trust

We are sorry to have to write to you yet again especially over Easter with regard to an NHS whistleblower, but we believe we should bring your attention urgently to the situation within the forenamed Trust, which has been ruthless and we believe is continuing in its aggressive approach towards anyone who dares speak up for patients.

I (Kim Holt) became aware of problems within Alder Hey around 5 years ago when I was approached for advice with regard to a false referral to a psychiatrist. Mr Ahmed was falsely claimed to be suicidal, and referred for a psychiatric opinion. He was not at all suicidal but had been raising concerns regarding unsafe surgical practice that placed children at risk.

He has endured five years of persistent attempts to discipline or discredit him, periods of suspension and sick leave, and has been prevented from continuing in his surgical specialty, which he was very good at and loved. This in itself is not only cruel but a waste of public money.

The ruthless approach towards whistleblowers at Alder Hey then spread to another surgeon Professor Jesudason who tried to support Mr Ahmed. The Trust then turned on Mr Jesudason. He has now had to leave his post and will probably never work again in surgery. Continue reading

Meeting with Ed Jones, Special Advisor to Jeremy Hunt-Sharmila Chowdhury 16 April 2014

dd

A Meeting was held today at Richmond House in Whitehall today with Ed Jones, Special Advisor to Jeremy Hunt, Health Secretary. I was accompanied by James Titcombe, National Advisor on Patient Safety, Culture and Quality at CQC.   The meeting was held following letters sent about my case to Jeremy Hunt and Ed Jones from Sir David Prior, Chairman of CQC, James Titcombe and my MP, Angie Bray.  

Ed and Jeremy are wanting to listen and believe that staff who raise genuine concerns in the interests of patients should be supported and not excluded from working in the NHS and Ed undertook to consider the issues further.

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Fantastic Response on Website Launch 14 April 2014

Some of the messages:

Dr Phil Hammond  @drphilhammond  Brilliant NHS whistleblowers website  from@sharmilaxx A great resource for those who need help from someone who knows sharmilachowdhury.com

JamesTitcombe  @JamesTitcombe  @sharmilaxx @NHSwhistleblowr@Edwin1432 @JFecitt @drkimholt@katemasters67 @rogerkline Well done Sharmila….

Dr Umesh Prabhu @DrUmeshPrabhu         @sharmilaxx @ninalakhani@drphilhammond @vsmacdonald@PatientsFirstNI @ClinicalConcern

This is why I use twitter. Your site will be useful

Julie Bailey  @curetheNHS  Read the facts about one brave whistleblower experience @sharmilaxx sharmilachowdhury.com/the-facts/

Dan  @gracenglorydan  Chilling reading – The Factswp.me/P4tW0D-n via @sharmilaxx#whist

Jennie Fecitt @JFecitt @sharmilaxx @NHSwhistleblowr@Edwin1432 @drkimholt @katemasters67@rogerkline @JamesTitcombe Super Sharmila … Exceptionally informative 🙂

Dee Speers @joinedU1  @sharmilaxx @willcpowell@DonnellyHelene @curetheNHS@PatientsFirstNI @DebHazeldine Thank you Sharmilla, Your integrity is much appreciated!

 

Westminster-20140219-00302

Thank you for visiting my new website.

It was created by Walter Wyeth – so a huge thanks to Walter.

The reason this website has come about is to raise awareness of NHS whistleblowers and what can happen when serious concerns are raised.

There are articles, information and helplines that I hope you will find useful.

Whatever your background, hopefully you will find this website both informative and helpful. Feedback is really appreciated as I will be adding and updating the site on a regular basis

If you have any comments or ideas which would be helpful to visitors to this site, then please contact me.

Thank You ,Sharmila

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