Raising Concerns and Whistle Blowing

The Royal College of Surgeons of Edinburgh (RCSEd) upholds an ethos of providing and supporting the tools for the delivery of high-quality healthcare. The College acknowledges that there may be occasions when concerns arise regarding the standard of care provided by either an individual or an institution, falling below an acceptable level.

Doctors have a professional duty under the GMC's Good Medical Practice (2024) to:

"Promote and encourage a culture that allows all staff to raise concerns openly and safely"...."take prompt action" where "patient safety, dignity or comfort is or may be seriously compromised."

The College is committed to fostering increased openness and transparency in healthcare, encouraging prompt action to address instances of malpractice or other serious health and safety concerns that may impact patient care. It's important to note that in this guide, we use the terms 'raising concerns', 'whistleblowing', and 'speaking up' interchangeably.

The Legal Background

In the UK, the Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018  and the Public Interest Disclosure Act 1998 offer some protection to those who raise concerns where:

• A criminal offence is being committed;
• A person is failing to comply with their legal obligations;
• A miscarriage of justice is occurring;
• Health and safety is being endangered;
• There is environmental damage; or
• Information showing any of the above has been or is likely to be concealed.

In very broad terms, legal protection applies in cases where the claimant reasonably believes their concerns are factually correct and in the public interest. Individuals looking to raise concerns should always consider whether patient harm could be caused if a situation is left unchecked. Concerns are more likely to be taken seriously as ‘protected disclosures’ if they contain a factual statement of what is wrong.

Please note that bullying and undermining are often treated under separate grievance or dignity at work policies. Explore Bullying and Undermining resources.

Raising a Concern Steps

If concerns are to be raised, we recommend the following steps:

Advice for Trainees'

Trainees' should initially liaise with their Educational Supervisor. If this proves unsuitable or unsuccessful, they should escalate the matter to their Training Programme Director. Subsequently, they can approach the Head of School of Surgery, and ultimately the Postgraduate Dean, who serves as the trainees' Responsible Officer. Trainees' also have the option to raise concerns with the GMC, which has the authority to consider removing trainees from a training programme if necessary.

The College Trainees' Committee may offer informal opinions and advice.