NHS whistleblowers gagging to speak out
Gary Walker has long wanted to speak out about what happened when he lost his job in the NHS. But he had signed a “super gag”, and with family to feed and the fear of where his next job would come from, he felt he had no option but to stay quiet.
Mr Walker was chief executive of the United Lincolnshire Hospitals Trust but was sacked for gross professional misconduct after he allegedly swore in a meeting.
He says it was because he wanted to abandon the 18-week target for non-emergency cases as the demand for hospital beds in 2008 and 2009 became desperate.
I have spoken at length to a former colleague of Mr Walker’s, who himself resigned over what happened and who has backed the claims he has made. But we could not report the story because of the order.
And therein lies the problem with these confidentiality clauses which are all too common in the NHS.
Despite promises made by successive secretaries of state for health, they are used to silence legitimate whistleblowers. With a family to support, it takes a strong person to either refuse to sign or to break the order.
Indeed, no sooner did Mr Walker speak to the BBC Today programme than he was contacted by solicitors representing the trust saying it was a clear breach of the agreement and that they would be entitled to recover any payments made under the agreement.
It would seem that Mr Walker was finally emboldened because of the Robert Francis QC Inquiry report which demanded that the confidentiality clauses be banned.
Dr Kim Holt was a paediatrician who, with three colleagues, warned management of problems, including understaffing and poor record-keeping, at the hospital where Baby P was treated just before he died.
Dr Holt claimed that bosses ignored her warnings and removed her from the clinic. They subsequently issued a joint apology with Haringey Primary Care Trust.
But Dr Holt’s experiences led her, with others, to set up Patients First in order to campaign for the NHS to become open and accountable. They have a growing number of examples of NHS employees being bullied, harassed or victimised by raising concerns that involve patient safety.
Update: 1930
Now the Chair of the Health Committee, Stephen Dorrell, has intervened in the row.
In a letter to the Health Secretary Jeremy Hunt, Mr Dorrell said that the committee was “concerned and disappointed to hear that Mr Walker had received a lawyers’ letter which he has interpreted as reinforcing the constraints upon him under the terms of the ‘gagging clause’ in his compromise agreement.”
Mr Dorrell said that normally the committee is reluctant to be drawn into disputes between individual NHS employers and their employees. But he said they felt the need to write in light of assurances received by the Committee in December 2011 from the Department of Health that gagging clauses are inconsistent with the Public Interest Disclosure Act and following the Francis Inquiry.
Mr Dorrell said they would be writing to Mr Walker asking him to set out what lay behind the breakdown of his relationship with the trust.
And he has asked Mr Hunt to confirm that neither the Trust nor any other NHS body will seek to enforce any clause in Mr Walker’s compromise agreement which would impinge on his capacity to respond fully to the Committee’s request.
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Read more: Can you be an NHS whistleblower without being sacked?




There are 10 comments on this post
I live in Lincoln and am aware of this story from a couple of years ago. The Chairman of ULHT
also resigned over the same issue. The pressure was coming from the Trent Strategic Health Authority, I believe. I think it is possible that it also covered Stafford hospital. I seem to recall Cynthia Bower’s and David Nicholson’s names being mentioned at the time, but this would have to be checked. If there was a “Gagging Clause”, I do wonder what it said and at whose instigation it was imposed? Would a FOI request get this information on the grounds of Public Interest?
My wife works for the ‘NHS’ –no one at any level in the organization, doctor, nurse, cleaner is allowed to offer any form of public comment without authorization –this is gagging by the backdoor. In the Aviation Industry all untoward events are logged and analysed -this is how they prevent future errors. In the NHS this does not happen –(unless there is a serious case review). As a result common errors are typically hidden for fear of retribution. People can and do make mistakes -what is needed is to put clinicians rather than lawyers and professional managers in the driving seat.
Graham R.
It is not only the NHS. I am aware that other government departments have similar processes.
Its not democratic, its not in the peoples interest and there solely to protect those who should not be protected.
Is any Government going to turn on the people who support it most. From Banking to PFI to Work and Pensions, who are the real beneficiaries. Anything that brings these people to account, is not going to happen and Gagging is part of that.
Managed whistle blowing by a truly independent party is surly the best solution.
We have a system we believe could make great savings in lives & resources but no one’s listening
I’m part of a small group of volunteers that have been working on improving health services. Part of our work also includes a potential solution to many of these problems by involving the staff (for crowdsourcing the issues before they become a problem) alongside an elected group of passionate people from relevant NGO’s.
But it seems an independent approach by passionate people is a step to far for many – so far it has been impossible to even get an interested contact in government of the surrounding regulators to listen – In fact the outdated systems used by many of the regulators are a large part of the problem. They simple can’t cope!!!
We are motivated by the need for improvements & have seen at first hand the unnecessary waste & problems. We’d like to get the chance to try our system through a small pilot scheme but as i said, it seems an independent approach by passionate people is a step to far for those involved..
If Gary Walkers former employers take legal action against him, who will pay the legal bills ? Will it be British taxpayer’s money trying to get British taxpayers money returned ? Weird.
Glad to hear that Mr. Dorrell is giving the chief executive a chance to elaborate on his dilemma in public and seek to give.him some legal protection. I have been a consultant in the NHS for over 30 years and have experienced the climate of fear and intimidation which followed the introduction of commercial style general management in hospitals. Ironically it was Mr. Dorrell’s Government which first introduced this style of management, I am so pleased that he has seen the error of his Government’s ways!
On the “Lincolnshire Echo” website, there an article dated 2.11.2009, in which it is reported that NHS East Midlands commissioned a report from Peter Garland on how well ULHT was meeting its targets. It is unclear whether this report was ever published. Cllr. Christine Talbot
of the Lincolnshire County Council Health Scrutiny Committee, requested a copy but said that she “doubted” whether it would ever be published. This report was separate from the one into
management practice/allegations of bullying, which I think may have been published. Hope this may be of some use to you.
Thank you. I will look.
Victoria,
JHunt has just issue another gagging order re Healthwatch-now this has not even commenced and is to be the patients voice and examination body–pse see http://www.nalm2010.org.uk
how many more people have to suffer before something is done? also when are they going to
change the rules of the Inquiry Act 2005–second one– not naming someone pse do something
now is the voice of media required
\tks
I worked for a local authority. After I reported a director for bullying, fraud & H&S failures, HR staff treated me as a trouble maker. They breached my confidentiality by immediately relaying my report to the bully in question. The bully then wrote a report about me, claiming that I was mentally ill. HR staff then denied I’d made a report of bullying, failed to follow policy and eventually removed me from my post via a secondment. They then allowed my substantive post to be filled on a permanent basis. I was forced to take out grievances against the bully and HR, and to seek whistle-blowing protection from the County Solicitor. These grievances took a year to be heard. Despite my grievances being upheld, I was forced to sign a compromise agreement, or be sacked (I don’t know on what grounds). I was very ill due to stress and depression at the time. No compensation was paid. I suffered a complete breakdown and I’m now a burden on taxpayers. The Director was sacked (via a compromise agreement so he will go on to bully again and again). Bullying and thuggish behaviour is rife across the whole public sector – not just the NHS and the BBC. Please write to your MP to support a call for a Public Enquiry.