Speaking up about sexual misconduct

Six-month analysis of Guardian cases

Background

The NHS has taken many steps to ensure that the workplace is safe and that everyone can work in an environment free from sexual misconduct. Actions include the introduction of the sexual safety in healthcare organisational charter in 2023 and the sexual safety charter assurance framework in 2024. Questions asking workers about whether they have been the target of unwanted behaviour of a sexual nature were introduced into the NHS staff survey in
2023. At the time of the 2024 survey 8.82% of respondents had been the target of unwanted behaviour of a sexual nature from patients / service users, their relatives, or members of the public on at least one occasion during the year. 3.66% had been the target of unwanted behaviour of a sexual nature from staff / colleagues.

There are various ways in which sexual misconduct can be reported though, given the nature of the subject matter, workers are not always comfortable in using some of these mechanisms. This is particularly the case where those to whom reports should be made may be involved or seen as culpable in an incident, or where there may be a lack of trust in the organisation as a whole. This is compounded further where organisational culture disincentivises the raising of concerns, particularly those that involve colleagues. It is in these circumstances that the Freedom to Speak Up Guardian role comes to the fore.
Guardians are there to provide a confidential, impartial and independent space for anyone to discuss an incident and for that incident to be escalated in confidence, with the person’s identify protected.

Nationally, information on the number of cases that Guardians handle related to sexual misconduct is not recorded. It is difficult, therefore, to assess the extent to which Guardians are being involved in the raising of such cases. However, at The Guardian Service, we recognise the importance of tracking these matters as a means of understanding the limits of ‘regular’ reporting routes. From 1 April 2025 we therefore introduced the ability to record sexual misconduct as a theme across all the clients we work with.