Freedom to Speak Up data collection
The Freedom to Speak Up data collection is an aggregate, anonymous collection relating to NHS Freedom To Speak Up (FTSU) cases from FTSU Guardians across the NHS. This replaces the data collection previously provided by the National Guardian’s Office (NGO).
The data collected provides insight into the confidence NHS staff have in the speaking up arrangements available to them, and what types of issues they are speaking up about. This supports NHS England’s role as a “prescribed person” under the Public Interest Disclosure (Prescribed Persons) Order 2014, and the Prescribed Persons (Reports on Disclosures of Information) Regulations 2017 and will inform the NHS Oversight Framework. The strength and effectiveness of speaking up arrangements nationally will be assessed and the data collected supports the triangulation of potential concerns about individual organisations.
Data submission information
Data is collected on a quarterly basis after each financial quarter ends.
Registered data providers will have access to the exact dates in the Data Collections Framework.
Legal basis
NHS England’s legal basis to mandate this aggregate, anonymous collection from NHS trusts and ICBs (and receive voluntary submissions from primary care providers) is as follows:
- NHS England’s general functions under s1(1), s2 and s1H NHS Act 2006 (2006 Act)
In addition, NHS England has functions relating to the oversight of the activities of NHS trusts and ICBs.
NHS trusts
s27A (2006 Act) NHS England must monitor NHS trusts in the carrying out of their functions.
Schedule 4, paragraph 13 (2006 Act) an NHS trust must provide NHS England with such reports or other information as NHS England may require.
ICBs
s14Z59 (2006 Act) NHS England must assess the performance of ICBs in terms of how well an ICB has discharged its functions during that financial year. This includes an assessment of how well the ICB has discharged its duty as to improvement in quality of services (section 14Z34).
s14Z60 (2006 Act) NHS England may require an ICB to provide NHS England with information (in the form/within the time period as NHS England may require).
Other relevant NHSE statutory functions or duties
Prescribed person
NHS England is a 'prescribed person' under the:
- Public Interest Disclosure (Prescribed Persons) Order 2014, and the
- Prescribed Persons (Reports on Disclosures of Information) Regulations 2017
Under section 43F of the Employment Rights Act 1996, whistleblowers may qualify for employment protections if they disclose information to a “prescribed person”. The list of prescribed persons is in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014.
The 2017 Regulations specify requirements for prescribed persons to report annually on disclosures of information that they receive from workers.
Last edited: 22 June 2026 2:31 pm