The long-awaited report on whistleblowing in the NHS was published on 11 February 2015. Freedom to Speak Up summarised the findings from the review spearheaded by Sir Robert Francis QC.

The report confirms that many NHS staff are afraid to raise whistleblowing concerns because they fear it would have a negative impact on their career. Staff also lack faith in the whistleblowing system and feel it is futile to raise concerns as they would not be dealt with.

The report lists several action points built around five overarching themes of:

1. culture change,
2. improved handling of cases,
3. measures to support good practice,
4. particular measures for vulnerable groups, and
5. extending legal protection.

Key proposals:

1. Freedom to Speak Up Guardian – Each NHS organisation should appoint a Freedom to Speak Up Guardian so staff know to whom concerns should be reported.
2. Independent National Officer – This role would effectively oversee the administration of the whistleblowing process in the NHS by acting as a support for the Freedom to Speak Up Guardians, reviewing the handling of concerns raised by NHS staff and providing advice to NHS organisations where they have failed to follow good practice in their handling of whistleblowing concerns.
3. Better training – Staff should be provided with face-to-face sessions on how to raise concerns and how to receive and act on any concerns raised with them.
4. Legal amendments – More NHS bodies should be made ‘prescribed persons’ to whom protected disclosures can be made. Discrimination legislation should be amended so that known whistleblowers are protected from discrimination when applying for jobs.

The response to the Francis Report has been immediate. One of the report’s recommendations was that the scope of whistleblowing legislation be extended to include student nurses and midwives. The Government has announced new legislation coming into force from 6 April 2015 that will allow these staff to receive whistleblowing protection.