BOROUGH OF POOLE

REPORT TO SERVICE PROVISION SCRUTINY & AUDIT COMMITTEE

13 SEPTEMBER 2007

ANNUAL ‘WHISTLEBLOWING’ REPORT 2006/07

PART OF PUBLISHED FORWARD PLAN: NO

STATUS – GENERAL

1.0PURPOSE AND POLICY CONTEXT

1.1 The Council’s “Whistleblowing – A Reporting Policy and Procedure” document requires an annual report to be presented to this Committee, identifying any patterns of concern and assessing the effectiveness of the Policy.

1.2 The Whistleblowing Policy aims to encourage ‘employees’ (including Members, schools, contractors etc) to raise concerns, without fear of harassment or victimisation. The concerns may be about something that is considered to be unlawful, against the Council’s Constitution or policies, against established practice, or about improper conduct.

2.0 DECISION REQUIRED

2.1 Members are asked to note:

  • number and type of Whistleblowing complaints across the Borough in 2006/07;
  • the drafting of an updated Whistleblowing Policy.

3.0WHISTLEBLOWING COMPLAINTS

3.1The table summarises the Whistleblowing concerns raised during the year.

WHISTLE- BLOWING COMPLAINTS
2006/07 / 2005/06
Number / Status / Number / Status
3 / 3x Completed
1x partially upheld
2x unproven/no case to answer - these referrals were anonymous. / 2 / 2x Completed
1x upheld
1x unproven/no case to answer

3.2In the case that was partially upheld, two issues emerged which required the Service Unit Head to consider whether disciplinary action should be taken in response. The employee concerned is no longer in Council employment. The investigation into the referral also identified a number of control weaknesses (mostly relating to procedures and guidelines). Resulting recommendations were agreed with and subsequently implemented by management.

3.3There are no indications that any referrer has suffered disadvantage from making a referral.

3.4Anonymous Referrals

Both of the unproven cases were based on anonymous referrals. The Council’s current whistle-blowing policy states that “concerns expressed anonymously will be considered at the discretion of the Council” (para. 7.3). Accordingly, each anonymous referral was reviewed to assess the seriousness of the allegations within. Both referrals contained concerns that were sufficiently serious to warrant further investigation.

3.5Number of Referrals

As shown in the table above, three Whistleblowing concerns were raised and investigated during 2006/07 – an increase to prior year. Of the three referrals, two were anonymous and remained unproven after investigation. In contrast, the case that was not referred anonymously was partially upheld. The need therefore remains to encourage more employees to come forward with genuine, significant concerns that comply with the Public Interest Disclosure Act 1998. This may also suggest that the Whistleblowing Policy may need updating, which will be considered and brought to this Committee for approval.

4.0WHISTLEBLOWING POLICY

4.1Updating the “Whistleblowing – A Reporting Policy and Procedure” is to be considered in the near future. This will be presented to Members for discussion and approval at a future SPSAC meeting.

4.2It is intended that, amongst other things, the revised whistle-blowing policy will clarify further the types of concerns that can be treated as Whistle-Blowing referrals.

4.3There will also be greater emphasis on the protection available to referrers under the Public Interest Disclosure Act 1998. It is hoped that this will encourage employees with genuine concerns to feel able to raise them in confidence (as opposed to anonymously).

5.0PROFESSIONAL ADVICE

5.1Personnel – Personnel are co-authors of this paper.

5.2Legal – These processes are consistent with statutory expectations.

5.3Equalities – Whistleblowing policies can be accessed by all employees

Bob Jackson

Head of Financial Services

Colin Hague

Head of Personnel & Training Services

Name and Telephone Number of Officer to Contact:Bob Jackson 01202 633105

Colin Hague 01202 633452

Keith McCormick 01202 633123

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