1.6 Discuss legal provisions in relation to whistleblowing and information sharing

This guide will help you answer 1.6 Discuss legal provisions in relation to whistleblowing and information sharing.

You have a duty to protect adults in your care. Sometimes, this means raising concerns, even if it is about colleagues or practices within your own organisation. The law is clear about the rights and responsibilities you have when it comes to whistleblowing and information sharing.

Whistleblowing means telling someone in authority about unsafe or unlawful activities in your workplace. Information sharing covers how, when, and with whom sensitive information about safeguarding concerns can be shared lawfully.

Legal Frameworks for Whistleblowing

Several laws protect workers who raise concerns about wrongdoing or risks to safety. The main legislation is the Public Interest Disclosure Act 1998 (PIDA).

Public Interest Disclosure Act 1998 (PIDA):

Protects employees, trainees, agency workers, and some self-employed individuals from unfair treatment when they raise concerns in good faith.
Applies when reporting wrongdoing that affects others, such as abuse, health and safety risks, or potential criminal offences.
Means you cannot be dismissed or victimised for whistleblowing, as long as your concern is genuine and in the public interest.

You are protected if you report the concern to:

Your employer
A legal adviser
Certain prescribed bodies (e.g., Care Quality Commission, local authority safeguarding teams)

Making the report outside these routes, such as to the press, gives less protection and only in rare situations.

Organisational Policies

Your organisation must have a whistleblowing policy. This sets out:

How to raise a concern
Who to speak to (usually a whistleblowing officer or manager)
How you are protected
What support is available to you

As a manager, you must make staff aware of this policy and encourage a culture in which people feel safe to speak up.

Types of Concerns to Whistleblow

Whistleblowing might cover:

Abuse of people using services
Poor care or neglect
Unsafe working conditions
Fraud or misuse of funds
Breaches of data protection law
Falsification of records

You should raise concerns quickly to prevent harm.

Steps to Take When Whistleblowing

Check your organisation’s policy.
Keep your report factual and focused on evidence.
Follow the steps for internal reporting first.
If your concern is not dealt with, or you feel unsafe reporting internally, you can contact external bodies such as the CQC or local authority.

Protection for Whistleblowers

The law gives you the right to confidentiality when reporting concerns. Victimisation or dismissal for whistleblowing can lead to an employment tribunal. As a manager, support staff who speak up and protect them from negative treatment.

If you are concerned that you or someone else faces negative consequences, document actions and seek support from HR.

Legal Frameworks for Information Sharing

Information sharing is essential in safeguarding work. It must be done correctly to respect rights, privacy, and legal duties.

The main laws are:

Data Protection Act 2018
General Data Protection Regulation (UK GDPR)
Human Rights Act 1998
Care Act 2014

Data Protection Act 2018 and UK GDPR

These laws control how organisations handle personal data. Under the Act, you must:

Use information fairly, lawfully, and transparently
Collect only what is necessary
Keep information accurate and up to date
Share only with those who need it
Keep records secure

Sharing information without consent is allowed if someone is at risk of serious harm, if it is needed to prevent or detect a crime, or if there is a legal obligation.

Human Rights Act 1998

This Act gives people the right to privacy. But Article 8 allows for sharing of information if it protects the rights and safety of others.

Always balance the person’s right to privacy with the duty to keep them safe.

Care Act 2014

The Care Act requires workers to share information where needed to protect adults from abuse or neglect. Not sharing where there is a safeguarding concern can be seen as a failure in duty.

Key duties under the Care Act:

Share information with safeguarding teams or other professionals to keep adults safe
Pass relevant concerns to the Local Authority for enquiries
Cooperate with other agencies as part of safeguarding investigations

Caldicott Principles

These are guidelines for handling personal information in health and social care. They say:

Only share information if it will improve care or protect people from harm
Keep the data safe and confidential
Share the minimum necessary
Keep records of who has access to the information

When to Share Without Consent

You should always seek consent to share information, unless:

The person lacks mental capacity to consent, and it is in their best interests
There is risk of serious harm to the person or others
A crime has been committed
There is a legal requirement, such as a court order

Key Principles for Lawful Information Sharing

Be clear about the purpose for sharing
Share only what is relevant and necessary
Only share with people who need to know
Keep information secure
Record your decisions and reasons

Working Across Agencies

Law means you must be able to share information with other agencies (local authorities, NHS, police) for safeguarding. Refusing or delaying sharing can put adults at greater risk.

Follow multi-agency policies for your local area. If you are unsure, ask your data protection officer or safeguarding lead for advice.

Consequences of Breaching Legal Provisions

Breaching data protection or whistleblowing laws can lead to:

Investigation by the Information Commissioner’s Office (ICO)
Fines or legal action
Loss of trust
Disciplinary action within your organisation

As a manager, you must be alert to these risks and guide your team accordingly.

Training and Support

Stay up to date with training in whistleblowing and information sharing. Use regular staff meetings, briefings, and e-learning. Encourage staff to ask questions if in doubt.

Supporting Staff and Individuals

Promote a non-judgemental culture
Make policies easily accessible
Provide support to whistleblowers
Ensure confidentiality and security of information

Everyone benefits when staff know the law and feel supported to act on concerns.

Final Thoughts

Whistleblowing and information sharing are protected and regulated by law. As a leader in adult social care, you have responsibilities to act when people are at risk, to share information lawfully, and to protect those who raise concerns. Follow your policies, keep up with training, and always put people’s safety and rights first. Your actions help maintain a culture where safeguarding is everyone’s priority.