Protected Disclosure
- What is a Protected Disclosure?
- Why do we need Protected Disclosures?
- How do I make a Protected Disclosure?
- Where should I report my concern?
- What will happen if I contact the Health Information and Quality Authority with my concern?
- Who do I contact in the Health Information and Quality Authority about a protected disclosure?
- What is the relevant legislation?
- When did it come into effect?
- Further information
- Disclaimer
What is Protected Disclosure?
Protected disclosure provides legal safeguards for people who want to report serious concerns they have about standards of safety or quality in Irish health and social care services - in other words possible “whistleblowers”.
It can be defined as any good faith communication that discloses or demonstrates an intention to disclose information that may provide evidence of improper conduct which raises a significant danger to public health or safety.
In certain circumstances, a disclosure made to certain bodies and persons about the standards of safety or quality of health and social services will qualify as a “protected disclosure”. In effect this means that if you report a concern which qualifies as a protected disclosure and you are then sued, amongst other things, damages may not be awarded against you for making that disclosure. In addition, if you are an employee of certain health service employers, you may not be penalised by your employer for having made the protected disclosure.
Why do we need Protected Disclosures?
Those who provide health and social care services should welcome feedback from those who use their services and their relatives and friends. As good employers they should listen to their staff and to any suggestions made to improve the service. Many service providers do behave in this manner.
However, situations can arise when people feel they are not free to say something important about a service. For example, a person might have grounds for believing that public money is being misused. This person may be exposed to civil legal action if the information is disclosed. An employee of a service provider may believe that they will be victimised by their employer if they discloses information that reflects badly on the service.
It is for reasons such as these that the Government has introduced legislation that provides legal safeguards for “whistleblowers”. This new level of legal protection is also aimed at encouraging a culture of openness and accountability throughout the health and social services so that employees and members of the public can report any concerns they have in relation to the safety and quality of health and social care services being provided in Ireland.
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How do I make a Protected Disclosure?
It is important to realise that there are different criteria for what qualifies as a protected disclosure. This depends on:
- your particular circumstances - are you a health service employee or a member of the public?
- the organisation or individual about which you are making the disclosure
- the organisation or individual to which you are making the disclosure.
In general, in order for your disclosure to qualify as a protected disclosure, the person making the disclosure must:
- act in good faith
- have reasonable grounds for believing what is disclosed
- follow the procedures laid down in the legislation for making the disclosure.
While the above is a summary of how to make a disclosure which will qualify as a protected disclosure, if you wish to see more information about these grounds then you may want to read the relevant section contained in the legislation.
The legal protection for people making protected disclosures does not apply if the person who makes the disclosure either knows or is reckless as to whether the disclosure is false, misleading, frivolous or vexatious. It is also a criminal offence to make a disclosure which you know or reasonably ought to know is false.
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Where should I report my concern?
Certain statutory organisations in the health and social care sector will have an officer or officers to whom protected disclosures can be made depending on the circumstances.
The Health Service Executive (HSE) has appointed a person to deal with protected disclosures. This person will investigate all disclosures about the HSE or any of the services provided by or on behalf of the HSE. They may refer it for investigation by another body, including the Garda Siochana where they believe that a criminal offence has been committed.
To contact the HSE about protected disclosures, please contact:
HSE Authorised Person
PO Box 11571
Dublin 2
Phone: 01 662 6984
Some voluntary bodies, such as the voluntary hospitals, may decide to have their own officer to deal with protected disclosures. However, other voluntary providers, if they receive funding from the HSE, will be covered by the HSE’s officer.
Those bodies that regulate individual professionals working in the health and social care sector, such as the Medical Council, will appoint people to deal with protected disclosures.
The Health Information and Quality Authority can receive protected disclosures in certain circumstances and for more information on this, please see below.
Here is a list of bodies which are covered by this legislation.
What will happen if I contact the Health Information and Quality Authority with my concern?
There are a number of regulatory bodies covered by this legislation. Some matters can be dealt with by the Authority itself and other matters may need to be referred to another body. For example, if your concern is about an individual medical practitioner, nurse, pharmacist or other healthcare professional, we will refer you to the professional regulatory body which is responsible for that profession. We will provide you with the name and contact details of the person who you should contact.
The authorised persons appointed by the Authority can receive protected disclosures when they are in the course of monitoring standards or undertaking an investigation in accordance with the Health Act 2007.
Protected disclosures may be made to the Authority by an employee of certain health service employers when:
(i) the disclosure of the concern is justified by the urgency of the matter
or
(ii) the concern has already been disclosed and it has not been investigated or if an investigation has taken place, no action or recommended action has been taken in relation to it.
It is intended that, in due course, the Chief Inspector of Social Services will be able to receive protected disclosures in relation to the provision of social care services. Once this part of the legislation is brought into effect, this guidance note will be updated to reflect these changes.
Who do I contact in the Health Information and Quality Authority about a protected disclosure?
To contact the Health Information and Quality Authority or for further information on protected disclosures, please contact:
Concerns
Health Information and Quality Authority,
George’s Court,
George’s Lane,
Dublin 7.
Email: concerns@hiqa.ie
Telephone: 01 8147445.
What is the relevant legislation?
Part 9A of the Health Act 2004, as inserted by Part 14 of the Health Act 2007 (PDF Document).
When did it come into effect?
The majority of Part 9A came into effect on 1st March 2009. However, Section 55C, Section 55G(b) and some other related sections did not come into effect. These sections relate to disclosures to the Chief Inspector of Social Services. It is anticipated that these sections will come into effect when the Chief Inspector commences the registration and inspection of the different elements of the social care services. This will commence for nursing homes on 1 July 2009 and will be updated as other functions begin.
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Protected disclosures have recently been introduced into law. We will update this information over the coming months.
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Please note that the information on this webpage is for guidance only. It is not a definitive statement of the law, nor a legal interpretation of Part 9A of the Health Act 2004 (as inserted by Part 14 of the Health Act 2007). If you require specific advice on the provisions of the Act you may choose to seek advice from the Department of Health and Children, or indeed, legal advice. The Authority cannot advise you on whether the disclosure you intend to make, whether to it or any other body specified in the legislation, will qualify as a protected disclosure.
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