Response 405621378

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Information about you

Contact details and publishing consent:

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Individual
Organisation/Group
Organisation/Group name* (Required)
NHS Education for Scotland
Organisation/Group address**
102 Westport,
Edinburgh
Organisation/Group postcode**
EH3 9DN
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Community organisation
Third sector / equality organisation
Private sector organisation
Representative body for professionals
Local government
Community Planning Partnership
Public Body, including Executive Agencies, NDPBs, NHS etc
Academic or Research Institute
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Publish this response
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Your name along with your response
Just your response (anonymous)
Please do not publish my response at all

The Role of the INO

1. Whats should the role of the INO be?

Please select one item
Option 1 - To consider complaints about the application of the local whistleblowing process only.
Option 2 - To consider complaints about application of the local whistleblowing process, including examination on the decision making and outcome of the whistleblowing complaint.
Please explain your answer.
Option 2 is our preferred approach.
Our view is that this would create a robust framework and promote transparency in processes and decision-making at local level. It may also support consistency and reduced risk of variation between boards in handling of cases. We consider that the additional scope of the role to make further recommendations and/or provide guidance following completion of an investigation would be an appropriate element of the role.

Principles and process for raising concerns with the INO

2. Do you agree with the principles and process for raising concerns with the INO?

Please select one item
Yes
No
Please explain your answer.
The proposed principles and process for raising concerns with the INO indicate that the INO would normally only be involved after local processes have been concluded. We would support this approach.

2a. Do you feel that there should be any additional principles or changes to the process for raising concerns with the INO?

Please select one item
Yes
No
If yes, what do you feel these should be?
We would suggest that the proposed approach may be further enhanced by supporting information on the principles and processes that would apply in exceptional circumstances where the INO wishes to investigate a complaint at an earlier stage e.g. how this would normally be initiated and who would be able to do this; and the scope available to a whistleblower to raise concerns about process before an investigation has concluded.
It may be valuable to build in periodic independent review of the role and processes to allow for further improvements to be implemented as the role evolves.

2b. Do you agree with the proposed INO whistleblowing complaint criteria?

Please select one item
Yes
No
Please explain your answer.
The criteria are considered to be clear, although further detail on the processes and principles that the INO would adhere to in determining whether a case requires to be investigated would provide enhanced clarity.

2c. Do you feel that there should be any additional complaint criteria?

Please select one item
Yes
No

Should the INO have prescribed powers?

3. Do you agree that consideration should be given to the INO having prescribed powers?

Please select one item
Yes
No
Please explain your answer.
Our view is that prescribed powers would enable the INO to carry out an independent and effective role

3a. If yes, do you think that these powers should be:

Please select one item
To compel a public body to provide evidence only?
To enforce recommendations, if required, only?
Both?
Do you have views on any other powers you think the INO should have?
We support both and would suggest that a balanced approach should be adopted with the authority to enforce recommendations if appropriate.

Where should the INO role be hosted?

4. Where should the INO be hosted?

Please select one item
Healthcare Improvement Service (HIS)
Scottish Public Services Ombudsman (SPSO)

Health and Social Care Integration

5. Do you think employees of adult health and social care services, who are not employed by NHSScotland, should have access to the INO?

Please select one item
Yes
No
Please explain your answer.
We would suggest that health and social care access could be integrated once the role of the INO role has been fully implemented and embedded, and there has been an opportunity to independently review the role in practice.

5a. If yes, which IJB services should be covered?

Please explain your answer.
We are unable to comment as we are not sufficiently involved in the composition of IJB services.

5b. If yes to Question 5, do you have a view on how employees who have access to INO could be defined?

See above.

What should the INO be called in Scotland?

6. What do you feel would be an appropriate title for the INO in Scotland?

NHSScotland Independent Whistleblowing Ombudsman

6a. What do you feel would be an appropriate title for the INO in Scotland if the role also covered staff not employed by NHSScotland who deliver health and social care services in Scotland?

Independent Whistleblowing Ombudsman (Health and Social Care)

Additional comments on INO

7. Do you have any other comments to make on the proposals for the introduction of the role of INO?

An Equality Impact Assessment would be applicable in order to inform arrangements for establishing the INO role and associated guidance for implementing the arrangements.
This would include consideration of:
•issues such as discrimination, harassment and victimisation which can be correlated with whistleblowing, and concerns arising from failure to realise human rights in practice; and
•how people who may be at risk of experiencing these issues are empowered and supported through the whistleblowing arrangements to raise concerns.