Nurse whistleblowers are raising serious concerns about the misuse of the fitness to practise (FtP) process by NHS managers, with many claiming they have been unfairly targeted and referred to the Nursing and Midwifery Council (NMC) after speaking out about patient safety, bullying, and staffing issues. These nurses argue that the NMC referral process has been weaponized against them as a form of retaliation for raising legitimate concerns, leaving them financially distressed, emotionally traumatized, and, in some cases, jobless.

According to whistleblowers, after raising issues such as sexual abuse of patients, unsafe staffing, and bullying within NHS trusts, their efforts to address these problems through official channels were met with retaliation. Some were referred to the NMC for seemingly trivial or unjustified reasons, such as carrying a mobile phone on shift or errors in paperwork, despite the initial concerns they raised being far more serious. This has led to suspensions, job losses, and a prolonged, often emotionally and financially devastating, investigation process.

Increased referrals post-COVID

Teresa Griffiths, former chair of the charity Nurse Lifeline, reports that since the COVID-19 pandemic, there has been a marked increase in the number of nurses seeking help after being referred to the NMC following whistleblowing. Many of these nurses had raised concerns about bullying or unsafe staffing levels, only to be reported to the NMC by senior figures in their trust months later. Griffiths attributes part of the rise in referrals to the increasing public attention on the NMC’s processes, particularly following an independent review in July 2024 that highlighted safeguarding issues.

One nurse, referred to as Steven, recounted how his concerns about patient abuse and staff misconduct in a mental health unit led to his referral to the NMC, despite his efforts to bring the issues to light through the proper channels. His new job offer was rescinded, and within months, he was investigated for carrying his phone on shift, an action that was against policy but was commonly overlooked by other staff. The process left Steven in financial difficulty, with no job or income during the investigation.

The emotional toll on nurse whistleblowers

The mental health toll on nurse whistleblowers is significant. Many report severe emotional distress, with some even contemplating suicide. Teresa Griffiths from Nurse Lifeline noted that nearly all callers facing FtP cases after whistleblowing have considered taking their lives, with several attempting suicide. The trauma is not only individual but also collective; other nurses witness these cases and feel discouraged from speaking out, contributing to a culture of silence within the profession.

NMCWatch campaign: lack of data on whistleblower retaliation

NMCWatch argues that the NMC should track how many nurses are referred to it in the year following their whistleblowing, but this data is not currently collected. Cathryn Watters, the founder of NMCWatch, shared her experience of being reported to the NMC after raising concerns about subpar training at her NHS trust.

‘The impact of this weaponisation is beyond the individual’s distress,’ says Ms Watters. ‘I got my registration back and returned to work, but a number of people who are reported to the NMC after whistleblowing won’t fight it.

‘After they’ve seen what can happen, they want to leave nursing. It’s also about colleagues who witness that nurse being targeted. They know they will never be able to raise concerns themselves, and potentially, many leave the profession instead.’

The NMC investigation led to her being struck off, leaving her financially vulnerable and emotionally devastated. Although Watters successfully challenged the decision in court and regained her registration, the experience left her disillusioned with the profession.

The struggles after whistleblowing

Nurses referred to the NMC after raising concerns often struggle to navigate the process, with many relying on free legal advice that is insufficient for mounting an effective defence. As the investigation process can be prolonged, many are left without income, facing mounting bills and the inability to secure new employment due to the ongoing investigation.

Despite these challenges, the NMC maintains that it upholds legal protections for whistleblowers, insisting that referrals should not be used as retaliation. Lesley Maslen, NMC’s executive director of professional regulation, emphasized that they aim to improve the timeliness of investigations and ensure fair outcomes. However, whistleblowers and advocacy groups remain concerned about the system’s failure to protect those who speak out against wrongdoing within the NHS.

The issue of whistleblower retaliation in the nursing profession raises significant ethical and practical questions about the safety of nurses and patients alike. Whistleblowers argue that while they are expected to raise concerns for patient safety, they are often punished for doing so, with their careers and mental health left in jeopardy.