Whistleblowing to the NMC
What is whistleblowing?
We recognise that nurses, midwives, students or other members of staff may identify risks or malpractice within the workplace that you wish to raise with us. This could be an issue that affects patients, the public, your colleagues or the organisation that you work for.
Whistleblowing is important as a way of shining a light on concerns. It helps a workplace to be open, transparent and accountable, to be able to learn from events, prevent future concerns and therefore protect the public.
Healthcare has seen a particular focus on whistleblowing as a force for change. It was a whistleblower’s concerns that led to the Francis inquiry and a number of changes across the healthcare sector.
What is ‘whistleblowing’?
Whistleblowing is when a worker, including a student nurse or student midwife, raises a concern about wrongdoing in the public interest. Whistleblowing can take place within an organisation or, if the worker feels they are unable to do this, to a third person known as a ‘prescribed person’. The NMC is named as a prescribed person in the law.
There is a difference between raising concerns and whistleblowing. The law sets out several criteria that must be met for raising concerns to qualify as whistleblowing.
If all of the conditions set out in the law are met, the person who is blowing the whistle has legal protections to stop them suffering any disadvantage from their employer because of what they have done.
The law sets out six criteria that have to be met for us to consider that a whistleblowing concern has been raised:
- The person raising the concern to us is a ‘worker’ – someone who works or worked under a contract. This extends beyond formal contracts of employment and includes employees, agency workers, trainees, volunteers, student nurses and student midwives.
- The person raising the concern must believe they are acting in the public interest. This means that a number of people stand to benefit if action is taken on the concern, and it is not solely for personal gain. Personal grievances and complaints are therefore not usually whistleblowing.
- The person raising the concern must believe that it shows past, present or likely future wrongdoing in one or more of the following categories:
- that a criminal offence has been committed, is being committed or is likely to be committed. This may be within or outside the UK.
- that a person has failed, is failing or is likely to fail to comply with a legal obligation.
- that a miscarriage of justice has occurred, is occurring or is likely to occur.
- that the health or safety of any individual has been, is being or is likely to be endangered.
- that the environment has been, is being or is likely to be damaged.
- that information showing one or more of these criteria has been, is being or is likely to be deliberately concealed.
- The person raising the concern must believe that the matter falls within our regulatory remit.
- The person raising the concern must believe that the information they disclose is true.
- In raising the concern, the individual must not themselves be committing an offence.
Whistleblowing concerns that could be raised to the NMC
Examples of whistleblower concerns that could be raised to us could include, for example:
- The education of those wishing to gain a pre or post registration nursing or midwifery qualification;
- The registration or revalidation of nurses and midwives;
- The fitness to practise of nurses and midwives; or
- Non-compliance with, or concerns about our legislation, policies, standards (such as the Code), guidance or processes.
How to raise a whistleblowing concern with the NMC
If you believe you have a concern that meets these criteria and you wish to raise it with us, we ask that you email us on firstname.lastname@example.org. Please set out what the concern is, and how each of the six criteria are met. You can raise your concern anonymously if you wish.
You can also raise concerns through our fitness to practise referral process.
If you are worried about raising concerns, or wish to talk through the process and what is involved, please call us on 020 7637 7181 for advice.
What is our role?
Our role is to decide whether we believe a concern raised to us constitutes whistleblowing, and to take appropriate action. Our role is not to decide whether the person blowing the whistle to us qualifies for legal protection.
It is for the individual, not the NMC, to enforce their legal protections through an employment tribunal.
What will we do?
We will assess a concern raised to us as whistleblowing against the six criteria to determine whether we reasonably believe it is a whistleblowing concern. We may need to contact the person raising the concern for further information in order to do so.
If we can, we will inform the person raising the concern with us of our decision, our reasons, and our next steps.
We will take action in line with our existing approaches. If the concern is not for us, but we believe it could be for another person or organisation, we may share the concern through our memoranda of understanding.
We will maintain appropriate records to be able to comply with our annual reporting duty. No personal details will appear in our annual report.
The government has produced detailed guidance on whistleblowing which provides further information.
If you are worried about your position or wish to get further advice about the law that protects whistleblowers, you can seek independent advice from: