Could
I please ask those reading this article to sign the petition below?
Edna’s Law -
Edna was a defenceless elderly lady who
died after terrible abuse in a BUPA care home even though it had been reported
by no less than SEVEN care workers to Des Kelly.
He
was not at arm’s length, he was directly involved as the decision maker and the
whistleblowers gave him personally the evidence in a formal meeting with the
prescribed regulator under PIDA. Des Kelly also heard it afterwards in a
court as he sat through every day of the employment tribunal of the BUPA7, as
they became known.
He rose to become "Sir Des Kelly
OBE" and an advisor to the Government and CQC on elderly care, and head of
the National Care Forum and on DEMOS.
We
often refer to him because all the evidence is available on what he did, there
is no "grey area" or room for interpretation, it is all documented
fact in the public domain.
He is just one of many wrongdoers who
have never been held accountable for their actions and now hold senior
positions - this is at the root of why whistleblowers are still victimised or
ignored, because wrongdoers like Des Kelly escape accountability.
The BUPA7 lost their jobs but the
wrongdoing was not put right, the abusers continued abusing, and Edna died.
Four
years later it was revealed that people had continued to suffer in that home.
Imagine
how much preventable suffering that was.
Failures in legal protection
demonstrated by the BUPA7 case left a toxic legacy, because it told BUPA and
other employers that they could get away with ignoring concerns and victimising
whistleblowers
in
spite of the Public Interest Disclosure Act which had just come in at that
time. This sent a strong message to other workers to stay silent for fear
of ending up unemployed like the BUPA7.
PIDA
failed the BUPA7 and it still fails today's whistleblowers. Employment
tribunals hear PIDA cases but have no power to make sure problems are put right
- so whistle-blowers lose their jobs and still the wrongdoing and risks they
reported continue unchecked.
The
2015 Francis Review and the new National Guardian will do nothing to protect
whistle-blowers or encourage anyone else to raise concerns because the
recommendations rely on policies, procedures, employers and regulators – which
include the very same people who have “got away with” cover-ups, ignoring
concerns, and victimising whistle-blowers for many years.
The Francis "Freedom to Speak
Up" review in 2015 was an expensive public relations sham, and held no
wrongdoers to account.
We
say it never intended to and here is why: Robert Francis is on the CQC, which
has invited Des Kelly's input even though Des Kelly had ignored
seven whistleblowers and had deliberately put an abuser in at least three BUPA
care homes.
The CQC has ignored multiple
whistle-blowers, e.g. the abuse at Winterbourne View and Old Deanery, and many
more.
Is
that so surprising when they have included in their press releases a
significant contribution from Des Kelly, a man who could have prevented Edna’s
death but chose not to? Instead he deliberately gave Edna’s worst abuser
access to other defenceless people to torment.
Compassion In Care and Private Eye joint
investigations have proved that the CQC lied and misled the public for many
years but no-one was held accountable.
The
CQC falsely claimed it had closed 100 care homes, an outright lie as it was
only two. They have been complicit in re-registering care homes as
"new" under slightly different names, but the same ownership, in
order to hide bad inspection reports.
Now
the supposedly "independent" new National Guardian for the NHS is to
be overseen by.....you guessed it......the CQC.
It's like the story of The Emperor's New
Clothes - the evidence, in this case of wrongdoing and complicity, is there in
plain sight for all to see, but most are scared to point it out or just can't
believe what they see.
But Robert Francis and many others in
Parliament and the care sector know it is true because we have presented the
evidence. Many are "Guilty by Association", because by praising
and harbouring wrongdoers, they are complicit in the wrongdoing.
This
isn't a fairy story. People are suffering right now so we're speaking up loud
and clear that Edna's Law is needed to protect the public.
Whistleblowing helplines paid for by
employers can never be independent - they protect the employer, not the employee because they make their income by
selling policies and procedures to employers so their loyalty is to their
customer.
After
Mid-Staffs, Robert Francis spoke a lot about "changing the culture"
but clearly it didn't work, because he was shocked by how many people told him
they still felt unable to speak up. Many trusted the Francis Review and
hoped it would be a turning point. But as whistle-blowers, we have
already been failed by his “policies and procedures“ and “Guardian”
approach. We have been contacted by people in roles designated
"whistleblower supporter" who then lost their own job after reporting
concerns themselves.
We know it doesn't work, it has never
worked before and it can never work in future. We don't need any more
expensive hot air about "changing the culture" - we need to change
the reality and bring in Edna's Law.
More
than 900 callers rang Eileen's helpline after BBC Panorama "Behind Closed
Doors" Thousands more calls/emails have come in since the Francis
Review. Many of these whistleblowers still experience lasting detriment,
so cannot put their names publicly to the petition yet, though many have left
public comments on the petition which shows how widespread this is.
You might ask "Why didn't they just
speak up in their workplace?" But how can we expect workers to
report wrongdoing when they have seen what happens to those who do?
Would you?
Please
help us break the shameful silence and ensure accountability – by signing
Edna’s Law now.
Thank
you.
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