Protected Disclosure

What is Protected Disclosure?

Protected disclosure was introduced into legislation via the Health Act 2007 and 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.

It aims to encourage individuals to voice concerns about the safety and welfare of service users and to foster a culture of openness and accountability throughout the health services.

If you report a concern which qualifies as a protected disclosure, you are afforded certain legal protections. For example, if you are an employee of certain health service bodies, you are not liable for damages and may not be penalised by your employer for having made the protected disclosure if the disclosure is made in good faith and is not false or misleading, frivolous or vexatious.

What is covered by Protected Disclosure?

Protected disclosure 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, and follow the procedures laid down in the legislation for making the disclosure. The Health Act specifically makes provision for protected disclosures to be made by employees of designated centres (residential services for older people in the private sector) reporting to the Chief Inspector of Social Services. Disclosures may also be made to the Health Information and Quality Authority and/or the Chief Inspector of Social Services where they have reasonable grounds for believing that the disclosure will show a risk to the health or welfare of the public. The protection applies where the disclosure is made in good faith and does not apply where the person making the disclosures does so knowing that the disclosure is false or misleading or where he/she made the disclosure recklessly without regard to whether it was false or misleading, frivolous or vexatious. A disclosure to an authorised person is protected if that disclosure is made by an employee of the HSE, other public health agencies, service providers or bodies funded by the HSE, if it is made in good faith and the employee has reasonable grounds for believing that it will show:

  • That the health or welfare of a person who is receiving a health or personal social service has been, is or is likely to be at risk
  • That the actions of any person employed by or acting on behalf of the relevant body has posed, is posing or is likely to pose a risk to the health or welfare of the public
  • That the relevant body or a person employed by or acting on behalf of the relevant body failed, is failing or is likely to fail to comply with any legal obligation
  • That the conduct of the relevant body or of a person employed by or acting on behalf of the relevant body has led, is leading or is likely to lead to a misuse or substantial waste of public funds or
  • That evidence relevant to any of these matters has been, is being or is likely to be deliberately concealed or destroyed.

What to do?

To report a concern, which may or may not qualify as a protected disclosure, contact: Concerns about services, Health Information and Quality Authority, George’s Court, George’s Lane, Dublin 7.

Complete the online form, Email: concerns@hiqa.ie Telephone: 021 240 9646.

What will happen next?

There are a number of regulatory bodies covered by the Health Act, 2007 including An Bord Altranais (the Nursing Board), the Dental Council, the Health and Social Care Professionals Council, the Medical Council, and the Pharmaceutical Society of Ireland. If a concern is about an individual medical practitioner, nurse, pharmacist or other healthcare professional, it should be referred to the professional regulatory body responsible for that profession. Authorised persons within 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.

Who else can I make protected disclosures to?

Other statutory organisations, professional regulatory bodies and individuals that are covered by the legislation are:

  • the Adoption Board
  • the Comptroller and Auditor General
  • the Irish Medicines Board.

Legal Background

Full details on Protected Disclosure can be found in Part 9A of the Health Act 2004, as inserted by Part 14 of the Health Act 2007.

Part 14 of the Health Act, 2007 which provides for the making of protected disclosures was legally commenced on 1 March 2009.

Disclaimer

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.