Download or read book Nhs Whistleblowing and the Law written by Joseph England and published by . This book was released on 2019-04-25 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowing claims are some of the most complex and technical cases that can be pursued. This book provides a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents across a wide range of areas. Such claims are increasingly common, can be brought by workers and employees and do not require a specific length of service. A thorough understanding of the legal framework, as provided in this new publication, is essential. This publication explains the various legislative requirements to whistleblowing, covering topics including: who can be a whistleblower within the legal definition; when raising a concern is elevated to be a protected disclosure; the law relating to detriments and dismissal if caused by a protected disclosure; what remedies are available practical points about the procedure of claims. The book provides an in-depth practical guide to the law and a very useful reference tool for practitioners on both sides of a dispute, as well as assisting litigants acting without a lawyer to comprehend the law in this complex area. ABOUT THE AUTHOR Joseph England is a Barrister at 3 Paper Buildings and a specialist Employment practitioner. His busy practice has ensured he has in-depth experience of a wide variety of areas and types of claim, including significant expertise in whistleblowing cases both within and outside of the NHS. Of note, he acted as junior for the successful Claimant who was awarded £1.22mil in Mattu v University Hospitals Coventry & Warwickshire NHS Trust (ET, 1302226/11, 1303494/12) and in the successful appeal in McTigue v University Hospital Bristol NHS Foundation Trust ([2016] IRLR 742), which considered the scope of protection for whistleblowers, leading to a wider definition of those who could claim protection. He has also acted for various respondents in whistleblowing cases, including NHS Trusts and Health Boards, Education Institutions and a wide variety of businesses. Further details and examples of cases can be found on his chambers' website. His success and evident abilities have led clients to trust Joseph with very complex cases. Joseph's practice benefits from representing and advising both sides of employment disputes and he has been instructed in cases at the Court of Appeal, EAT and at a wide range of final and preliminary hearings in tribunal and court. He regularly delivers training covering areas from nuanced and niche points of law to basics of the Tribunal procedure and mock tribunals. He has been published in the ELA Briefing, on Westlaw and provides updates through Chambers and on Twitter @JEnglandCounsel.
Download or read book Whistleblowing written by John Bowers QC and published by OUP Oxford. This book was released on 2012-03-08 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed survey of the law relating to public interest disclosure. It examines how the new system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes. Since the publication of the first edition, there have been substantial developments in the area, including those regarding whether a disclosure tends to show a Public Interest Disclosure, the burden of proof, remedies, and alternative dispute resolution. This new edition also covers the employment tribunals' new powers to pass PIDA claims to the appropriate regulator, where the claimant consents, and provides extensive coverage of a number of important decisions emerging from the Court of Appeal and the Employment Appeal Tribunal, including Babula v Waltham Forest College, Ezsias v North Glamorgan NHS Trust and Fecitt and others v NHS Manchester. Written by an author team with extensive experience in the area, and making use of checklists and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.
Download or read book The Successes and Failures of Whistleblower Laws written by Robert G. Vaughn and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.
Download or read book Safeguarding Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2013 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.
Download or read book Committing to Effective Whistleblower Protection written by OECD and published by OECD Publishing. This book was released on 2016-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.
Download or read book International Handbook on Whistleblowing Research written by A J Brown and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: øFeaturing contributions from scholars and policy practitioners in a number of diverse fields _ including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branche
Download or read book NHS Dirty Secrets written by John England and published by . This book was released on 2020-01-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The National Health Service * The NHS employs liars, bullies, thieves, fraudsters, murderers, and sex pests. * Managers and Directors are driven by the need to achieve targets, at the expense of clinical outcomes. * Any issue that could make NHS officials or the government of the day look incompetent is classed as a vote loser, so it is screened from the press and from public scrutiny - until it reaches the stage where the protective bubble of the cover-up culture is pierced, and the issue becomes public knowledge. Only then are official expressions of "fixing" made which, usually, do not cure the problem, but simply envelope it with a veneer of promises to make improvements. Synopsis Anyone who wants to learn about the true nature of the NHS should read this book. Written from the perspective of a front-line NHS employee, NHS Dirty Secrets describes how the NHS cover-up culture is a risk to patient safety, and how employment and promotion practices are skewed in favour of those most likely to support the NHS cover-up culture. The NHS cover-up culture, itself, is decomposed and analysed, with examples given as to the methods used to support the hiding of information from public scrutiny. Everyone can learn something from NHS Dirty Secrets, both NHS employees and the general public alike.
Download or read book Safeguarding Vulnerable Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2008-11-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.
Download or read book Safeguarding Adults and the Law Third Edition written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2019-02-21 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Safeguarding Adults and the Law, now in its third edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. It is now in an A-Z format, enabling quick reference to a wide range of civil and criminal law, and to legal case law. The book covers safeguarding duties under the Care Act 2014 and in particular the making of enquiries by local authorities, safeguarding adults boards, Department of Health guidance, human rights, regulation of health and social care providers, barring of carers from working with vulnerable adults, criminal records certificates, mental capacity, the High Court's inherent jurisdiction, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, modern slavery, domestic violence legislation, data protection and the sharing of information. The book focuses on how these areas of law, each with its own set of rules, apply to the practice of safeguarding adults. It contains numerous legal case summaries to bring the law to life. Fully updated, it reflects significant changes to civil and criminal law over the last five years. A critical introduction analyses serious challenges and issues inherent in the current culture of health and social care, and the implications for adult safeguarding. This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.
Download or read book Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry written by Mid Staffordshire NHS Foundation Trust Public Inquiry and published by The Stationery Office. This book was released on 2013-02-06 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This public inquiry report into serious failings in healthcare that took place at the Mid Staffordshire NHS Foundation Trust builds on the first independent report published in February 2010 (ISBN 9780102964394). It further examines the suffering of patients caused by failures by the Trust: there was a failure to listen to its patients and staff or ensure correction of deficiencies. There was also a failure to tackle the insidious negative culture involving poor standards and a disengagement from managerial and leadership responsibilities. These failures are in part a consequence of allowing a focus on reaching national access targets, achieving financial balance and seeking foundation trust status at the cost of delivering acceptable care standards. Further, the checks and balances that operate within the NHS system should have prevented the serious systemic failure that developed at Mid Staffs. The system failed in its primary duty to protect patients and maintain confidence in the healthcare system. This report identifies numerous warning signs that could and should have alerted the system to problems developing at the Trust. It also sets out 290 recommendations grouped around: (i) putting the patient first; (ii) developing a set of fundamental standards, easily understood and accepted by patients; (iii) providing professionally endorsed and evidence-based means of compliance of standards that are understood and adopted by staff; (iv) ensuring openness, transparency and candour throughout system; (v) policing of these standards by the healthcare regulator; (vi) making all those who provide care for patients , properly accountable; (vii) enhancing recruitment, education, training and support of all key contributors to the provision of healthcare; (viii) developing and sharing ever improving means of measuring and understanding the performance of individual professionals, teams, units and provider organisations for the patients, the public, and other stakeholders.
Download or read book Law and Professional Issues in Nursing written by Richard Griffith and published by SAGE. This book was released on 2023-04-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mapped to the 2018 NMC Standards, this practical and straightforward book is an essential introduction to law and associated professional issues in nursing. Why do you need this book? - Offers a clear and concise introduction to the law you need to know - Written specifically for nursing students in straightforward jargon-free language - Updated throughout to reflect recent changes in the law, including the Liberty Protection Safeguards - Case studies and activities build your knowledge of how the law applies to everyday nursing practice
Download or read book High Quality Care for All written by Secretary of State for Health and published by The Stationery Office. This book was released on 2008 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review incorporates the views and visions of 2,000 clinicians and other health and social care professionals from every NHS region in England, and has been developed in discussion with patients, carers and the general public. The changes proposed are locally-led, patient-centred and clinically driven. Chapter 2 identifies the challenges facing the NHS in the 21st century: ever higher expectations; demand driven by demographics as people live longer; health in an age of information and connectivity; the changing nature of disease; advances in treatment; a changing health workplace. Chapter 3 outlines the proposals to deliver high quality care for patients and the public, with an emphasis on helping people to stay healthy, empowering patients, providing the most effective treatments, and keeping patients as safe as possible in healthcare environments. The importance of quality in all aspects of the NHS is reinforced in chapter 4, and must be understood from the perspective of the patient's safety, experience in care received and the effectiveness of that care. Best practice will be widely promoted, with a central role for the National Institute for Health and Clinical Excellence (NICE) in expanding national standards. This will bring clarity to the high standards expected and quality performance will be measured and published. The review outlines the need to put frontline staff in control of this drive for quality (chapter 5), with greater freedom to use their expertise and skill and decision-making to find innovative ways to improve care for patients. Clinical and managerial leadership skills at the local level need further development, and all levels of staff will receive support through education and training (chapter 6). The review recommends the introduction of an NHS Constitution (chapter 7). The final chapter sets out the means of implementation.
Download or read book Mason and McCall Smith s Law and Medical Ethics written by Graeme T. Laurie and published by . This book was released on 2019 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. Providing coverage of all of the topics found on medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. Medical law is significantly shaped by the courts, and as such this book provides extensive coverage of recent judicial decisions as well as statutory developments. The new edition continues to evolve to reflect changes in the law and shifting ethical opinions.
Download or read book Whistleblowing at Work written by David Lewis and published by A&C Black. This book was released on 2001-08-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book treats whistleblowing at work in a group of key occupations - including the Health Service, Local Government, Accountancy and Education - and from different points of view, including those of the employer and the employed, the trade unions. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book should be valuable to all those concerned with employment, personnel and human resource management; and to all those working in whistleblowing territory.
Download or read book The Psychosocial Impacts of Whistleblower Retaliation written by Jacqueline Garrick and published by Springer Nature. This book was released on 2022-12-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the harms related to whistleblower retaliation, its psychosocial impacts on employees, and the institutional dysfunction it creates and perpetuates. Stigma and biases against whistleblowers interfere with their ability to make protected disclosures when harm to others is at stake. Retaliatory toxic tactics create an atmosphere and corporate culture that embodies fear and encourages bystander behavior. In this book, the authors explore psychosocial impacts across domains that include financial, legal, social, physical, and emotional well-being. Ten of the 14 chapters specifically examine the toxic tactics of retaliation: gaslighting, mobbing, marginalizing, shunning, devaluing, double-binding, career blocking, counter-accusing, bullying, and doxxing. These toxic tactics are the building blocks of workplace traumatic stress (WTS) and can lead to posttraumatic stress disorder (PTSD), depression, substance abuse, and suicide. WTS is a term that differentiates between workplace violence or job stress, which can be components of WTS but do not fully describe the systemic hostile work environment that targets an employee. Understanding WTS and how it disrupts identity, causes moral injury, and shatters world views are important aspects for clinicians treating clients who are victims of this kind of hostile work environment. The Psychosocial Impacts of Whistleblower Retaliation is a useful resource offering a new way for social workers, mental health providers, advocates, and other support services professionals and practitioners to assist whistleblowers. It helps clinicians understand how to view patients suffering from whistleblower retaliation and gives them a lexicon for forensic evaluations. Lawyers, especially those specializing in employment, labor, and Qui Tam cases, also could benefit from having a means to describe the psychosocial impacts of retaliation and WTS on their clients when filing for compensatory damages for pain and suffering during judicial proceedings. Finally, the book could appeal to employees and managers, human resources professionals, victim rights advocates, elected officials, media personnel, and other professionals who are interested in learning more about whistleblower retaliation and its psychosocial and cultural implications.
Download or read book Whistleblowing and Ethics in Health and Social Care written by Angie Ash and published by Jessica Kingsley Publishers. This book was released on 2016-05-19 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Those who speak up about poor, corrupt or unethical practice often do so at a great personal cost. This timely book explores our understanding of the ethics of whistleblowing and shows how managers and organisations can support individuals speaking out. While some professional guidelines formalize duties to speak out where there are concerns about poor or harmful practice, workplace cultures often do not encourage or support this, and individuals frequently find themselves victims of a backlash. This book looks at the social, cultural and systemic reasons that make speaking out about poor care so risky. The book looks at the ethics of whistleblowing, and why some people speak out about corrupt or harmful practice, but many do not. It offers a practical framework for creating ethically driven health and social care organizations that support and protect individuals speaking out. Whistleblowing and Ethics in Health and Social Care is essential reading for students, professionals and decision makers across health, social care and criminal justice.
Download or read book Learning from Bristol written by Great Britain. Department of Health and published by . This book was released on 2001 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Inquiry was set up in 1998 "To inquire into the management of the care of children receiving complex cardiac surgical services at the Bristol Royal Infirmary between 1984 and 1995 and relevant related issues; to make findings as to the adequacy of the services provided; to establish what action was taken both within and outside the hospital to deal with concerns raised about the surgery and to identify any failure to take appropriate action promptly; to reach conclusions from these events and to make recommendations which could help to secure high quality care across the NHS." The Inquiry finds a paediatric open-heart service with high aspirations (including at one stage the ambition to become a centre for heart transplantation) overreaching itself, given its limitations, and failing to keep up with the rapid developments elsewhere in paediatric cardiac surgical care (PCS) during the late 1980s and early 1990s. It reports a mortality rate up to double that elsewhere at certain times, with some 30-35 deaths more than would have been expected. Individual failings, poor teamwork and communication locally, coupled with general failings in the NHS, combined to create an unsafe environment for PCS in Bristol. The Inquiry makes some 200 recommendations, designed to advance the central notion of a patient-centred healthcare service committed to continuous improvement. The need for a change in the culture of the NHS is of prime concern.The recommendations cover: needs of very sick children; safety; competence of healthcare professionals; organisation within hospitals; standards of care; openness; monitoring of clinicians. The Inquiry recommends the development of national standards for all aspects of the care and treatment of children with congenital heart disease (CHD).
