Consultation on proposals for the introduction of the role of an Independent National (Whistleblowing) Officer for NHSScotland Staff

Section 3: Should the INO have prescribed powers?

We feel that a critical success factor will be that the office of INO is publicly credible and that its independence and impartiality is recognised throughout NHSScotland and more widely. It must, therefore, have the ability to provide independent challenge and oversight for the most complex of whistleblowing cases requiring seniority and contextual understanding to allow cases to be objectively reviewed.

We consider that for the role of INO to be effective, and perceived in that way, it needs to be able to ensure that Boards take forward any recommended actions that it makes and have the ability to follow-up on and enforce recommendations where required.

Having considered the basis of the role of the INO, and principles and processes for raising complaints outlined in the previous sections we must now consider whether this role should be further strengthened to ensure that it is effective.

This could include:

• Giving the INO power, where necessary, to compel a public body to provide evidence to the INO to allow it to reach a decision and make appropriate recommendations.
• Giving the INO sufficient power to ensure that the recommendations it makes are acted upon and, where necessary, to enforce the recommendations if required.