1.1 The term "whistleblowing" in this document refers to the disclosure by staff, whether within the London Ambulance Service NHS Trust or externally to certain appropriate bodies, of concerns about malpractice or illegal actions or omissions at work so that they can be investigated and, if appropriate, acted upon.

1.2 This policy and procedure takes into account the requirements of the Public Interest Disclosure Act 1998, which protects workers who make disclosures about matters of concern where those disclosures are made in accordance with the provisions of the Act.

1.3 Exceptionally, a disclosure to a body other than the employer or those listed in the Act may be protected. Disclosures to the police may be an example in this category. In such circumstances the following tests must apply.

The disclosure is made in good faith

The whistleblower has reasonable belief that the information disclosed, and any allegation contained in it, is substantially true

The disclosure is not made for purposed of personal gain

In all the circumstances of the case, it is reasonable for the disclosure to be made

That the additional conditions outlined in Appendix 2 are met

1.4 Staff may access confidential advice from the charity public Concern at Work prior to deciding whether to raise a concern. Contact details are provided at Appendix 1.

2.1 London Ambulance Service NHS Trust is committed to achieving in all its practices the highest possible standards of service to staff, patients, the public and its Commissioners. In order to achieve this, it encourages staff to use all internal mechanisms to report malpractice or any illegal acts or omissions which may adversely affect the provision of high-quality care.

2.2 As a publicly-funded body it is similarly committed to the highest standards of personal integrity for staff at all levels and from all disciplines, and concerns will be taken seriously and investigated.

2.3 The Trust has a range of policies and procedures relating to standards of behaviour at work, including those which cover Discipline, Grievance, Harassment and Recruitment and Selection. Staff are encouraged to use the provisions of these procedures when appropriate.

2.4 The Trust guarantees that staff who raise concerns responsibly and reasonable will be protected against victimisation.

3.1 It is recognised that staff may wish to raise issues or concerns which do not relate directly to their own employment situation, when procedures such as those listed at 2.3 above may be more appropriate. Examples may include:

Ill-treatment of a patient

An actual or potential criminal offence

Suspicion of fraud

Disregard for legislation, particularly that relating to Health and Safety at work

Breach of Standing Financial Instructions

Breach of a Code of Conduct

Actual or likely damage to the environment

Showing undue favour over a contractual matter or to an applicant for employment

In such cases the Whistleblower’s Procedure should be utilised, albeit that, dependent upon the outcome of any investigation or inquiry, action under other procedures may follow. The above list should not be regarded as exhaustive. The Whistleblower’s Procedure is also to be applied in situations in which information on any of the above or similar concerns has been, is being or is likely to be concealed.

3.2 London Ambulance Service NHS Trust will not tolerate any harassment or victimisation of a whistleblower, including informal pressures, and will treat this as a serious disciplinary offence to be dealt with under the formal Disciplinary Procedure.

3.3 It is recognised that staff may wish to seek advice from and be represented by Trade Union representatives when using the provisions of the policy. The role of accredited representatives is acknowledged and endorsed.

3.4 This Procedure has been approved by the Trust Board, which has confirmed the Director of Human Resources as the designated officer to whom concerns may be referred. Staff are, however, encouraged to raise concerns with their immediate line manager in the first instance. Where this is not possible, for example where that manager is the person or is also problematic, staff may still approach the Director of Human Resources, who may involve the Chief Executive, in the first instance. The Chief Executive may determine that an external inquiry is required.

3.5 Should the concern related to the Chief Executive the matter should be raised with the Chairman of the Trust Board, who will decide how to proceed.

4.1 On receipt of a complaint or report, the line manager or designated officer will arrange to meet the staff member to confirm details of the concern. Every effort will be made to safeguard the confidentiality of those concerned. In cases of suspected fraud it may be necessary not to divulge the complaint until evidence has been gathered or the investigation is underway. However, should patient care be compromised it is likely that the suspected perpetrator will be suspended from duty pending the investigation. Protection of patients is paramount.

4.2 The line manager or designated officer will undertake to acknowledge formally and in writing the nature of the concern, and to keep the staff member informed as to the progress of the investigation as far as is possible.

4.3 If the investigation indicates that there is a case to answer the Disciplinary Procedure will apply, and external bodies such as the police or enforcing authorities may also be involved as appropriate.

4.4 Where it is found that there is no case to answer but there was a genuine concern and no malicious intent, the line manager or designated officer will ensure that there is no victimisation or harassment of the staff member who realised the concern.

4.5 Only where false allegations are made maliciously will it be necessary to consider disciplinary action against the whistleblower. Such occurrences will be regarded as misconduct which may lead to consideration of dismissal.

4.6 Feedback on the outcome of any investigation or disciplinary procedure short of dismissal will not include confirmation of the precise nature of formal action against the individual complained of, which should remain confidential to the individual.

4.7 Feedback will be arranged within ten days of the conclusion of any investigation or disciplinary proceedings.

4.8 If the whistleblower remains dissatisfied with the outcome of the investigation, he/she has the right to draw the matter to the attention of the prescribed authorities detailed at Appendix 2.

Health and Safety Risks: HSE and local authority

Environmental issues: the Environment Agency

Fraud and Fiscal irregularities: Serious Fraud Office; Inland revenue; Customs and Excise

Public Sector Finance; National Audit Office; Audit Commission

Trade Unions; Certification Officer

Others: Data Protection Registrar; Charity Commission; Occupational Pensions Regulatory Authority

That at the time of the disclosure the whistleblower reasonably believes that he/she will be subjected to a detriment by the employer if the disclosure is made to the employer in accordance with the Act

That, in a case where no person is prescribed for the purposes of the Act in relation to the relevant failure, the whistleblower reasonably believes that it is likely that evidence relating to the relevant failure will be concealed or destroyed if the disclosure is made to the employer.

That the whistleblower has previously made a disclosure of substantially the same information, to the employer or to a prescribed body.