7.2.7 Whistleblowing (Children's Centres) |
SCOPE OF THIS CHAPTER
This Chapter is primarily for use by employees in the Children's Centre, but may also be used by others (e.g. Governors and Contractors) as appropriate. References to employees or staff should be deemed to include others as appropriate. However, separate procedures apply to complaints by members of the public.
This chapter should be read in conjunction with Wakefield Whistle-blowing Procedure
Contents
1. Introduction
It is in the interest of all concerned that disclosures of wrongdoing or irregularity are dealt with properly, quickly and discreetly. This includes the interests of the Governing Body of the Centre, its employees and any persons that are the subject of such disclosures, as well as the whistleblower themselves.
Whistleblowing is the disclosure or communication of information about malpractice by individuals or organisations to a person or body that have the potential to rectify it.
This code of practice applies equally to issues of malpractice relating to finance, the safeguarding of children and any other practice, which is deemed to be contrary to safety, welfare or financial integrity.
The Governing Body and Head of Centre will ensure that every employee receives the necessary and appropriate support when reporting unacceptable practice.
2. Purpose
The Whistleblowing policy requires all governors and staff to act responsibly to uphold the reputation of the Centre and maintain public confidence.
The Code of Conduct states "Employees will be expected, through agreed procedures and without fear of recrimination, to bring to the attention of the appropriate level of management any deficiency in the provision of service. It is the duty of each employee to report to the appropriate senior member of staff any impropriety or breach of procedure".
An employee's concerns may in the context of malpractice include concerns about possible corruption, dangerous procedures risking health and safety, abuse of children / families, evasion of statutory responsibilities, damage to the environment, fraud, unlawful acts, maladministration, non-compliance with Governing Body policy, discrimination, failure to act on a situation which could potentially damage the Centre financially, other unethical conduct, negligence or unprofessional behaviour. The concerns may be in respect of the actions or inaction's of employees, Governors or elected members. The overriding concern should be that it would be in the public interest for the malpractice to be corrected and, if appropriate, sanctions applied.
3. Who Should the Employee Inform?
Where an employee has concerns about possible abuse or malpractice which are not appropriate for raising through other procedures, e.g. grievance, they should be raised with:-
- the Head of Centre; or
- where (a) is inappropriate, with a senior manager designated for the purpose by the Governing Body;
or - where both (a) and (b) are inappropriate, with an independent person or organisation designated for the purpose by the Governing Body.
4. Confidential Reporting
These procedures have been discussed with the relevant trade unions.
These procedures aim to:
- Provide avenues for employees to raise concerns and receive feedback on any action taken;
- Allow employees to take the matter further if they are dissatisfied with the Centre's response to the concerns expressed;
- Reassure employees that they will be protected from possible reprisals or victimisation.
There are existing procedures in place to enable employees to lodge a grievance relating to their own employment. This confidential reporting policy is intended to cover concerns that fall outside the scope of other procedures. Thus any serious concern that an employee has about any aspect of service provision or the conduct of an employee, Governors or others acting on behalf of the Centre can and should be reported under this policy.
5. Safeguards
5.1 Harassment or Victimisation
The Governing Body recognise that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those who may be guilty of malpractice or from the Governing Body as a whole. Neither the Governing Body nor Council will tolerate any harassment or victimisation (including informal pressures) and appropriate action will be taken in order to protect a person who raises a concern in good faith.
5.2 Anonymity
Concerns raised anonymously may be considered and investigated, depending upon the seriousness of the issues raised and the credibility of the allegations, but the Governing Body will also need to consider the possibility that anonymity can be used to put forward false allegations or malicious allegations. In general, therefore, and given the assurances on protection of identity given above, the Governing Body would expect serious concerns not to be raised anonymously.
5.3 False and Malicious Allegations
The Governing Body will protect themselves and their employees from false and malicious expressions of concern by taking disciplinary action where appropriate. In addition, a concern, which is genuinely believed, may prove to be unfounded on investigation. The Governing Body will try to ensure that the negative impact of either a malicious or unfounded allegation about any person is minimised. However, they acknowledge that it will not be possible to prevent all of the repercussions potentially involved.
5.4 Legal Support
The Local Authority will give consideration to the provision of legal support in appropriate cases, each request will be considered on merit.
6. How to Raise a Concern
Concerns should normally be raised initially with the Head of Centre. However the most appropriate person to contact will depend on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if an employee believes that senior management is involved in the matter of concern, an approach should be made to the Chair of the Governing Body.
Concerns may be raised verbally or in writing. Employees who wish to make a written report are invited to use the following format:
- the background and history of the concern (giving relevant dates);
- the reason why the employee is particularly concerned about the situation.
It should be noted that often the earlier a concern is expressed, the easier it is to take appropriate action.
Although employees are not expected to prove beyond doubt the truth of an allegation that is made, it will be necessary to demonstrate to the person contacted that there are sufficient grounds for real concern.
Advice and guidance on how matters of concern may be pursued can be obtained internally from:
- the Council's Complaints Officer; or
- Alternatively staff may wish to get confidential advice from:
- a trade union or professional association;
- the Local Government Ombudsman, Mrs P A Thomas, LLB, LLM, telephone (01904) 663200.
- relevant statutory bodies or regulatory organisations;
- Public Concern at Work, telephone (0171) 4046609.
- an independent person or organisation nominated for the purpose
Staff may invite their trade union or professional association to raise a matter on their behalf.
This procedure is intended to provide employees with an avenue to raise concerns within The Children's Centre. However, if an employee is dissatisfied with the Governing Body's response, she or he can raise the matter with any of the following:
- Council members;
- the District Auditor;
- the local Government Ombudsman;
- relevant professional bodies or regulatory organisations;
- Public Concern at Work;
- the police;
- an independent person or organisation nominated for the purpose.
If taking their concern outside the Centre, staff should ensure that, so far as possible, the matter is raised without confidential information being divulged. It should be noted that because Public Concern at Work is an accredited legal advice centre, the employee who approaches it does not breach the duty of confidence which is owed to the Centre.
7. How the Governing Body will Respond
The action taken by the Governing Body will depend on the nature of the concern. Where appropriate, the matters raised may:
- be investigated by the appropriate management;
- be referred to the police;
- form the subject of an independent inquiry.
In order to protect individuals and Centre Governors, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Concerns or allegations which fall within the scope of specific procedures (for example, child protection or discrimination issues) will normally be referred for consideration under those procedures.
It should be noted that some concerns may be resolved by agreed action without the need for investigation. Equally some issues may be investigated without the need for initial enquiries. If urgent action is required, this would be taken before any investigation is conducted.
Within ten working days of a concern being raised, the Head of Centre will write to the person raising the concern:
- acknowledging that the concern has been received;
- indicating how it is proposed to deal with the matter; and
- giving an estimate as to how long it will take to provide a final response.
If it is impossible for initial enquiries to be completed within ten days, the situation will be explained in the letter of acknowledgement. Where a decision is made that no investigation will take place, the reasons for this will be provided. In so far as possible, a final resolution of the matter will normally be aimed for within twenty-eight days of the complaint being lodged.
The amount of contact between those considering the issues and the employee raising the concern will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, further information may be sought from the person raising the concern.
Where any meeting is arranged, employees will have the right, if they so wish, to be accompanied by a union or professional association representative or a friend who is not involved in the area of work to which the concern relates. At the request of the individual raising the concern, any meeting may be held away from the Centre and/or outside working hours if appropriate.
The Governing Body will take appropriate steps to minimise any difficulties which an employee may experience as a result of raising a concern. For example, if an employee is requested to give evidence in criminal or disciplinary proceedings, the Governing Body would need to consider what steps are required to support them. Whilst the employee would have the right not to attend such proceedings, he/she should be made aware that a successful conclusion to the resolution of their concern may not be possible without their attendance.
The Governing Body accept that employees raising a concern need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, the person raising the concern will receive as much information as possible about the outcomes of any investigation.
The responsibility for ensuring that the Centre adheres to this policy rests with the Head of Centre.
End