First steps
We need to decide if the concerns are within our remit. If another organisation is better placed to deal with your concerns, we will provide you with their contact information.
If the concerns do fall within our remit, the process for managing these is always the same. All concerns made to us are subject to an initial assessment. This informs our decision about if/how we carry out further action.
Factors we take into consideration when making this decision include:
- the risk of harm (actual or potential) to patients and/or staff
- the opportunities for further learning and improvement for the organisation and NHS Scotland
The assessment process
This involves our team engaging with the NHS board to establish:
- if they are aware of the concerns
- how they are responding to them
- any actions/improvements that are being put in place
- what governance and oversight arrangements are in place
We will work with NHS boards and other relevant national agencies to support improvements.
As we progress through the assessment process, our conclusions are summarised on an ongoing basis. They are documented in our key communications to the NHS board.
The assessment process is designed to be independent. We do not act on behalf of the individual who has raised the concerns. We do not look at individual patient care or incidents.
We consider the concerns raised within the context of the systems/processes within which they sit. We also consider the potential impact on patient safety/quality of care in the delivery of that service.
The assessment process is not an investigation or inspection. The aim is to determine whether there are appropriate arrangements in place to respond to and manage the concerns locally.
The assessment process can take several months. We will have ongoing engagement with the NHS board. This is to understand the position and the safety and quality of care of the service.
We may also speak with other national organisations to gather all necessary information/intelligence. This is to understand any relevant activity being undertaken by them and the outcome of this work. This may result in us pausing or extending our assessment process.
If at the end of our assessment process we are not assured about the arrangements in place or the safety and quality of care, we will recommend further steps for HIS to take.
Confidentiality
Whether you contact us directly or your concerns are referred to us, you can provide your name and contact details. You can also remain anonymous.
We suggest that you give your name to us when raising a concern. This makes it easier for us to:
- engage with you
- assess your concerns
- for you to be protected under PIDA
Your identity is received in confidence. It will never be disclosed to anyone who does not need to know it for the purposes of our assessment.
You should understand that there may be practical limits to anonymity and confidentiality. By engaging with the NHS board about the concerns it may be obvious to your employer who has raised them. It is an offence for an employer to try to identify an employee who has raised a concern.
There may be occasions where we may be required to share information about your identity with other agencies involved in the prevention, detection, investigation or prosecution of crime or other unlawful activities. This includes Police Scotland.
We may also share this information with other agencies. These agencies have a role in the protection of vulnerable people. This includes local authorities and other regulatory bodies.