⚕️Care Handbook

Whistleblowing

Whistleblowing — sometimes called ‘raising a concern’ or ‘speaking up’ — is when a worker reports a concern about wrongdoing, malpractice, or a risk to safety that they have witnessed in their workplace. You have a legal right and a professional duty to raise concerns. The law protects you from victimisation or dismissal for doing so.

Legal Framework: Public Interest Disclosure Act 1998

The Public Interest Disclosure Act 1998 (PIDA) amends the Employment Rights Act 1996 and provides legal protection to workers who make ‘qualifying disclosures’ in the public interest. A qualifying disclosure is one that the worker reasonably believes tends to show one or more of the following:

  • •A criminal offence has been, is being, or is likely to be committed
  • •A person has failed, is failing, or is likely to fail to comply with a legal obligation
  • •A miscarriage of justice has occurred, is occurring, or is likely to occur
  • •The health and safety of any individual has been, is being, or is likely to be endangered
  • •The environment has been, is being, or is likely to be damaged
  • •Information showing any of the above has been, or is likely to be, deliberately concealed

Protection for Whistleblowers

If you make a protected disclosure (whistleblow), the law protects you from:

  • Dismissal — you cannot be sacked for raising a genuine concern
  • Detriment — you cannot be subjected to any disadvantage (e.g. demotion, transfer, reduction of hours, bullying, or exclusion) for raising a concern
  • Victimisation by colleagues — your employer has a duty to protect you from victimisation by other members of staff

If you are dismissed for making a protected disclosure, you can claim unfair dismissal at an Employment Tribunal regardless of length of service. Compensation for whistleblowing claims is uncapped. The Employment Rights Act 1996 (as amended) provides these protections.

How to Raise a Concern

If you have a concern about practice, safety, or wrongdoing in your workplace, follow these steps:

1

Identify Your Concern

You may witness or become aware of practice that concerns you. This could include: abuse or neglect of residents, unsafe staffing levels, falsification of records, breach of regulations, financial irregularities, or a culture that suppresses concerns. You do not need absolute proof — a reasonable belief that malpractice has occurred, is occurring, or is likely to occur is sufficient. Write down what you have observed, including dates, times, people involved, and any evidence.

2

Raise It Internally First

In the first instance, raise your concern with your line manager. If your concern involves your manager, or if they do not take it seriously, escalate to a more senior manager, the registered manager, the safeguarding lead, or the provider's compliance team. Most organisations have a whistleblowing policy — familiarise yourself with it before you need it. Your employer should provide clear information about how to raise concerns and who to contact. You may also speak to your trade union representative for advice and support.

3

Escalate Externally If Needed

If internal channels do not resolve your concern, or if you believe the organisation will not act appropriately, you can raise your concern externally. The CQC has a dedicated whistleblowing line and encourages workers to raise concerns about health and social care services. Other external bodies include the local authority safeguarding team, NHS England, and professional regulators (e.g. Nursing and Midwifery Council, Health and Care Professions Council). You can also contact the whistleblowing charity Protect (formerly Public Concern at Work) for free, confidential advice.

4

Know Your Rights

The Public Interest Disclosure Act 1998 (PIDA) protects workers who make 'qualifying disclosures' in the public interest. A qualifying disclosure is one that relates to: a criminal offence, a breach of a legal obligation, a miscarriage of justice, a danger to health and safety, damage to the environment, or a deliberate concealment of any of these. You are protected from dismissal, disciplinary action, victimisation, or any other detriment for raising a genuine concern. You do not need to be certain — a reasonable belief is enough. However, deliberately making false allegations is not protected.

5

Document Everything

Keep your own written records of what you have raised, with whom, when, and the response received. If you make a verbal disclosure, follow it up in writing and keep a copy. If you contact the CQC or another external body, keep a record of the date, time, and reference number. This documentation is essential if you later need to demonstrate that you raised concerns appropriately and in good faith. Store your records securely — they may be needed to support you if your disclosure is questioned or if you face any detriment.

Reporting to the CQC

The Care Quality Commission encourages workers to raise concerns about health and social care services. You can contact the CQC directly and your concern will be treated confidentially.

  • CQC whistleblowing line: 08000 733 486 (Monday to Friday, 8am–6pm)
  • CQC online form: Available at www.cqc.org.uk/contact-us
  • Protect (whistleblowing charity): 020 3102 7020 or www.protect-advice.org.uk — free, confidential advice for workers considering raising a concern

You do not need to have all the evidence — a reasonable belief that something is wrong is enough. The CQC will assess your concern and may use it to inform inspection and enforcement activity. Your identity will be protected unless you consent to it being disclosed.