New protections for whistleblowers under proposals from NHS administrators

The Secretary of State promises to hold NHS managers to account and ban those guilty of serious misconduct. The regulations will introduce professional standards and support a culture of transparency. The proposals will ensure patient safety is at the core of NHS leadership fit for the future

NHS managers who silence whistleblowers or put patients at risk through misconduct could be banned from working in the NHS under proposals announced by Health Secretary Wes Streeting this week.

A public consultation seeking views on government proposals to regulate care managers and ensure they follow professional standards and are held to account will begin on Tuesday (26 November 2024).

The Department of Health and Social Care will also discuss whether to introduce a new professional duty of candor for managers and whether to give managers responsibility for responding to patient safety issues.

These changes are part of the government's efforts to rebuild Britain and get the NHS back on track. It is designed to address the culture of cover-ups that has been found to have led to several patient safety scandals in recent years.

Health Minister Karin Smyth said:

Turning the NHS around requires the best and brightest care management, a culture of transparency that keeps patients safe and an end to the revolving door that allows failing managers to choose new NHS organizations.

Earlier this month, the Secretary of State pledged to reform the NHS as part of his 10-year plan for health to reward success and take decisive action when it fails.

Today's announcement builds on this promise to help protect patients and build a health care system fit for the future.

Regulations prevent a revolving door that allows individuals with poor performance or misconduct to continue working in the health service. This will deliver on the government’s manifesto promise 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 in the consultation include voluntary certified registration, statutory debarment mechanisms and full statutory registration.

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

At a minimum, all board level directors, Arm Length Body board level directors and integrated care board members of UK NHS organizations will be subject to the new regulatory system.

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

The move follows the announcement of a new College of Management and Clinical Leadership aimed at attracting, developing and retaining top talent in NHS leadership.

Regulation comes with support and development, and managers are given the tools they need to meet standards through training offerings.

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

On Tuesday the Department of Health and Social Care will publish a report calling for evidence on the duty of candor, which will begin in December 2023.

Amanda Pritchard, Chief Executive of NHS England, said:

It is true that NHS managers have the same level of responsibility as other NHS professionals, but it is important that all managers are provided with the support and development they need to ensure they meet the high quality standards we expect.

We welcome this consultation and are already working on a range of things to strengthen support for NHS managers and help them succeed. This includes creating a single code of practice, a new guidance process and a new set of professional standards. Ultimately, it will help drive productivity and improved patient care.

Rachel Power, CEO of the Patients Association, said:

We welcome a public consultation on the Government's proposals to regulate care managers. Patients say there is often a lack of accountability and transparency in the medical process.

We invite everyone who has experienced NHS care to have their say, especially those who have felt ignored by the system. We will support patients to participate in this consultation because a true partnership with patients creates safer medical services.

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