The Care Quality Commission has set out proposals for how a ‘national guardian’ for NHS whistleblowers should be established.

Under the CQC’s plans the role will answer to its chief executive, but it also pledged to protect the guardian’s independence and said they would have the freedom to criticise the regulator “if they feel it is necessary”.

Whistle

The national guardian will advise whistleblowers and trusts

An “independent national officer” to oversee and review the treatment of NHS whistleblowers was one of the main recommendations of Sir Robert Francis’ Freedom to Speak Up review, published in February. The government said earlier this month the officer would be based in the CQC.

In its board papers this month, the regulator sets out its proposals for how the role, renamed the “national guardian”, should work.

The guardian would have four key duties:

  • providing support and advice to local whistleblower guardians based in NHS trusts;
  • supporting the system by sharing good practice and reporting on common themes;
  • advising trusts; and
  • advising staff raising concerns.

The role will not have statutory powers, so while the guardian will be able to identify incidences where whistleblowers have not been properly treated and suggest remedies, they will not have the power to make trusts comply with them.

The guardian’s focus will be on concerns arising from their appointment onwards, not historic whistleblowing cases, and their oversight would not extend to primary or adult social care.

Under the CQC’s plans the position would be appointed and managed by its chief executive, though the appointing panel would include representation from NHS England, Monitor and the NHS Trust Development Authority.

To try to preserve the guardian’s independence, they would sit outside the CQC’s executive team, and their reports would not have to be signed off by the CQC or the other arm’s length bodies.

“This would mean that the national guardian would be free to point out where any arm’s length body had not followed good practice,” the board papers say.

The CQC said that because the guardian would be hosted within the organisation, they would have the opportunity to ensure its internal processes are in line with best practice, “avoiding a situation where the national guardian would need to criticise CQC in a report”.

“However, it is important that the national guardian is free to do so if they feel it is necessary,” the papers add.

The CQC now intends to launch an executive search for the guardian, who will be appointed by December.

A consultation on the CQC’s proposals will be published in September, and the guardian is expected to formally begin their work, supported by a deputy and small team, by April 2016.

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