Blackpool Borough Council
A Model Procedure for all School-based employees
Whistleblowing
The following procedures are adopted as part of the staffing policies of the Governing Body of Revoe Community School, and apply to all employees, including the Headteacher, employed at the school.
Effective from: Autumn Term 2007
Index
Introduction 3
Definitions and Explanation of Terms 3
Aim and Scope of Policy 4
Harassment or Victimisation 5
Confidentiality 5
Anonymous Allegations 6
Untrue Allegations 6
Support for employees 6
Good Faith 6
Whistleblowing Procedure 6
Internal Disclosures 7
How the Council will respond 8
The Responsible Officer 8
How can the matter be taken further 9
Wider Disclosures 9
Feedback and Review of the policy and procedure 9
Appendix One - Internal Disclosures 10
Appendix Two - External Disclosures 11
Appendix Three - Report made under the Whistleblowing Procedure 12
Appendix Four - Procedural Flowchart 13
Blackpool Borough Council
A Model Procedure for all School-based employees
Whistleblowing
1 Introduction.
1.1 Employees are often the first to realise that there may be something seriously wrong within the Council. However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues, the Council or to the school. They may also fear bullying, harassment or victimisation. In these circumstances it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice.
1.2 Blackpool Borough Council is committed to the highest possible standards of openness, professionalism and accountability. In line with that commitment we expect employees, and others that we deal with, who have serious concerns about any aspect of the Council's work, to come forward and voice those concerns.
1.3 This document makes it clear that employees can do so without fear of victimisation, subsequent discrimination or disadvantage. Anyone who raises a concern is protected by the Public Interest Disclosure Act 1998 which is incorporated into the Employment Rights Act 1996. This Whistleblowing Policy is intended to encourage and enable employees to raise serious concerns within the Council rather than overlooking a problem or `blowing the whistle' outside. Remember, a whistleblower is a witness, not a complainant. If you are unsure whether or how to raise a concern or you want confidential advice, you can contact the independent charity Public Concern at Work on 020 7404 6609 or at . Their lawyers can give you free confidential advice on how to raise a concern about serious malpractice at work.
1.4 The Policy applies to all employees and those contractors working for the Council on its premises, for example, agency staff, builders, drivers. It also covers suppliers and those providing services under a contract with the Council in their own premises, for example, care homes, schools or educational establishments.
1.5 These procedures are in addition to the Authority's Complaints Procedures and other reporting procedures applying to some departments.
1.6 The holding of any data in connection with this procedure will comply with the Data Protection Act 1998.
1.7 This Policy has been discussed with the recognised Professional Associations and other Trade Unions.
2 Definitions and Explanation of Terms
2.1 Whistleblowing
· “Raising concerns about misconduct within an organisation or within an independent structure associated with it.” (Nolan Committee on Standards in Public Life)
· “Bringing an activity to a sharp conclusion as if by the blast of a whistle.” (Oxford English Dictionary)
· “Giving information (usually to the authorities) about illegal and underhand practices.” (Chambers Dictionary)
2.2 The Public Interest Disclosure Act has rules for making a Protected Disclosure, to protect employees from victimisation or harassment. A Protected Disclosure is where:
· The employee discloses the information in good faith;
· The employee believes it to be substantially true;
· The employee does not act maliciously or make false allegations;
· The employee does not seek any personal gain;
· The employee has taken reasonable steps to raise the matter internally before making a disclosure outside the Council (unless the matter has previously been raised internally and the employee doing so was penalised as a result).
2.3 The Council
An appropriate representative of the council or educational establishment.
3. Aim and Scope of this Policy
3.1 This Policy aims to:
· encourage employees to feel confident in raising serious concerns and to question and act upon concerns about practice;
· provide avenues for employees to raise those concerns and receive feedback on any action taken;
· ensure that employees receive a response to their concerns and that they are aware of how to pursue them if they are not satisfied;
· reassure employees that they will be protected from possible reprisals or victimisation if they have a reasonable belief that they have made any disclosure in good faith.
3.2 All employees have a legal and moral responsibility to report improper acts and omissions. In some circumstances, failure to raise such concerns may amount to breach of contract or law.
3.3 There are existing procedures in place to enable employees to lodge a grievance relating to their own employment. This Whistleblowing Policy and Procedure is intended to cover major concerns that fall outside the scope of other procedures. These include:
· conduct which is an offence or a breach of law;
· failure to comply with a legal obligation;
· disclosures related to miscarriages of justice (e.g. failure to provide evidence in a criminal investigation, perjury);
· health and safety risks, including risks to the public as well as other employees;
· damage to the environment;
· actions or behaviour which are discriminatory on the grounds of gender, marital status, responsibility for children or dependants, gender reassignment, colour, race, nationality, ethnic/national origin, religion, political beliefs, disability, sexuality, age, trade union activities or any other factor, which could lead to the experience of discrimination;
· the unauthorised use of public funds;
· possible fraud and corruption;
· sexual or physical abuse of clients;
· other unethical conduct, or
· actions which are unprofessional, inappropriate or conflict with a general understanding of what is right and wrong;
· deliberate covering up of information relating to any of the above.
3.4 Thus, any serious concerns that employees have about any aspect of service provision or the conduct of officers or members of the Council or others acting on behalf of the Council can be reported under this Policy and Procedure. This may be about something that:
· makes them feel uncomfortable in terms of known standards, their experience or the standards they believe the Council subscribes to;
· is against the Council's Standing Orders and policies;
· falls below established standards of practice; or
· amounts to improper conduct.
3.5 It should be emphasised that this Policy is intended to assist employees who believe they have
discovered malpractice or impropriety. It is not designed to question financial or management
decisions taken by the Authority, nor should it be used to reconsider any matters which have already
been, or are currently being, addressed under the bullying, harassment, complaints, grievance,
disciplinary or other procedures that already affect employers.
4. Harassment or Victimisation
4.1 The Authority is committed to good practice and high standards and wants to be supportive of employees.
4.2 The Authority recognises that the decision to report a concern can be a difficult one to make. If an employee believe what he/she is saying is true, they should have nothing to fear as he / she will be doing their duty to their employer and those for whom they are providing a service.
4.3 The Authority will not tolerate any bullying, harassment or victimisation (including informal pressures) and will take appropriate action to protect employees when they raise a concern in good faith. Such retaliation could include, but is not limited to:
· frequent and undesirable changes in work assigned;
· unsubstantiated disciplinary action;
· unjust denial of promotion or transfer.
4.4 Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary, redundancy or other procedures that already affect employees.
5. Confidentiality
5.1 Wherever possible, all concerns will be treated in confidence and every effort will be made not to reveal an employee's identity if they so wish. At the appropriate time, however, an employee may need to come forward as a witness, for instance if the matter leads to a disciplinary hearing or a criminal prosecution.
5.2 In some cases, confidentiality may not be possible. For instance, if you report abuse or a criminal offence, then the person you tell may have to take some action. If it does become necessary to reveal your identity, you will be consulted before this action is taken. If there is an unauthorised disclosure of your identity, disciplinary action may be taken against that individual who makes the disclosure.
6. Anonymous Allegations
6.1 This Code encourages employees to put their name to an allegation whenever possible.
6.2 Concerns expressed anonymously are much harder to investigate but will be considered at the discretion of the Chief Executive or, if appropriate, the Council's Standards Committee (contact details in Appendix 1).
6.3 In exercising this discretion the factors to be taken into account would include:
· the seriousness of the issues raised;
· the likelihood of confirming the allegation.
7. Untrue Allegations
7.1 If an employee makes an allegation in good faith, but it is not confirmed by the investigation, no action will be taken against them. If, however, an employee makes an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against them. Additionally, in an extreme case, malicious or wild allegations could give rise to legal action on the part of the person being complained about.
8. Support for Employees
Employees who raise concerns or who are the subject of an investigation can access confidential counselling through the Occupational Health Service. Contact details are in Appendix 1.
9 Good Faith
You will be protected if you have an honest and reasonable belief or concern, whether this turns out to be true or not. Disclosures must not be malicious or made in pursuit of a personal grudge.
Whistleblowing Procedure (see flowchart – Appendix 4)
10 If you have a genuine concern about malpractice in the workplace, you should normally raise this in the first instance with your line manager. In most cases, the matter will be dealt with at that stage. The earlier you raise your concern, the easier it will be to take action. REMEMBER, IF IN DOUBT, RAISE IT.
11 There may be an existing procedure for you to follow which is specifically intended to address your specific area of concern and unless, in good faith, you feel unable to, you should follow the appropriate procedure. Personnel staff or Contact Persons will be able to advise you on this (see Appendix 1).
11.1 If you have a grievance associated with your employment, you should follow the Grievance Procedure. The Grievance procedure does not cover the following subjects:
· Disciplinary matters, for which there are separate procedures;
· Income Tax and national Insurance;
· The Rules of Pension Schemes;
· Any matter concerning the terms of a collective agreement which you ought to properly take up through the employees’ side of the Joint Negotiating Machinery, or
· Any other matter for which similar appeal / machinery exists.
11.2 If you have a complaint about bullying or harassment, you should follow the Procedure for Dealing with Complaints of Harassment, where this exists.
11.3 If you have a complaint about discrimination, as defined in the Policy on Equality of Opportunity in Employment, then you should inform the Head of Personnel.
11.4 If a member of the public or a service user complains about a fellow member of staff or some action taken by the Authority, you should direct them to the Corporate Complaints Procedure, or the Social Services Complaints Procedure, as appropriate (see Appendix 1 for contact details).
11.5 If you have a concern about a Health and Safety issue, you should contact your Departmental Health and Safety Officer or the Corporate Health and Safety Officer (see Appendix 1 for contact details).
12 If none of the above procedures apply, or if you believe, in good faith, that following them will not resolve the issue, you may need to make a disclosure under the Public Interest Disclosure Act.
13. If the issues of concerns aren’t covered by the aforementioned this Whistleblowing Policy should then be applied. The first stage normally is to raise this issue with your line manager. However, if you feel unable to raise the issue with your line manager, or if your line manager does not take the appropriate action to resolve the issue, you should then normally approach your / a senior manager.
13.1 Whether or not it will be considered reasonable for you to be unable to discuss the issue with your manager depends on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For instance, if you have previously attempted, unsuccessfully, to raise the issue with your manager or where, in good faith, you believe that the malpractice will only be dealt with by reporting it elsewhere, then you should do so.
14. Managers:
· Have a responsibility to ensure that concerns are taken seriously and that confidentiality is appropriately maintained.
· Have a responsibility to ensure that the action necessary to resolve a concern is taken.
· Where appropriate, should investigate and make an objective assessment of the concern;
· Should keep the employee advised of progress;
15 INTERNAL DISCLOSURES
15 If you feel that your senior manager has not dealt with the issue appropriately, or if you feel unable to talk to that person (because of circumstances outlined above in section 13.1), you should contact one of the designated Departmental Contact Persons listed in Appendix 1 of this Procedure and formally inform them of your concern. This person will advise you as to the operation of the procedure, including whether you ought to be raising your concern under an existing procedure, as outlined in S11.