1.9.4 Confidential Reporting (Whistleblowing)

Contents

1. Introduction
2. Safeguards
3. Confidentiality
4. Anonymous Allegations
5. Untrue Allegations
6. How to Raise a Concern
7. How the Company will Respond
8. How the Matter can be Taken Further

1. Introduction

This procedure 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

There are existing procedure's in place to enable employees to lodge a grievance relating to their own employment. This 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
• Disclosures related to miscarriages of justice
• Health and safety risks, including risks to the public as well as other employees
• Damage to the environment
• The unauthorised use of Company funds
• Possible fraud and corruption
• Sexual or physical abuse of clients; or
• Other unethical conduct

Thus, any serious concerns that employees have about any aspect of service provision or the conduct of offices or members of the Company or others acting on behalf of the Company can be reported under this procedure.

This may be something that:

• Makes them feel uncomfortable in terms of known standards, their experiences or the standards they believe the Company subscribes to.
• Is against the Company's Standing Orders and Policies.
• Falls below established standards of practice.
• Amounts to improper conduct.

This procedure does not replace the Company Complaint's Procedure.

2. Safeguards

2.1 Child Protection

Where any member of staff has any concerns whatsoever that a colleague is acting inappropriately and/or in a way which may cause Significant Harm to a child, then it is that person’s responsibility to report that concern. Failure to do so would be deemed to be a Disciplinary matter.

2.2 Harassment or Victimisation

The Company is committed to good practice and high standards and wants to be supportive of employees

The company recognised that the decision to report can be difficult to one to make. If they believe what they are saying is true, they should have nothing to fear because they will be doing their duty to their employer and those for whom they are providing a service.

The company will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect employees when they raise a concern in good faith.

Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary procedures that already affect employees.

3. Confidentiality

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.

4. Anonymous Allegations

This procedure encourages employees to put their name to an allegation whenever possible.

Concerns expressed anonymously are much less powerful but will be considered at the discretion of the Operations Manager in consultation with a Partner.

In exercising this discretion the factors to be taken into account would include:

• the seriousness of the issues raised;
• the credibility of the concern; and
• the likelihood of confirming the allegations from attributable sources.

5. Untrue Allegations

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.

6. How to Raise a Concern

As a first step, an employee should normally raise concerns with their immediate manager or their superior. This depends, however, on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if the employee believes that management is involved, they should approach the Line Manager for the Home or they should go to a manager they feel comfortable with, or should take the matter up with a Trade Union, the Citizens Advice Bureau, the Police or a Solicitor.

They may also take the matter to Public Concern at Work

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 reasons why they are particularly concerned about the situation;
• what they feel should be done to address the problem

The earlier they express the concern the easier it is to take action.

Although employees are not expected to prove beyond doubt the truth of an allegation, they will need to demonstrate to the person contacted that there are reasonable grounds for concern.

Employees may wish to consider discussing their concern with a colleague first and may find it easier to raise the matter if there are two (or more) of them who have had the same experience or concerns.

Employees may invite their Trade Union, professional association representative or friend to be present during any meetings or interviews in connection with the concerns they have raised.

7. How the Company will Respond

The Company will respond to employees' concerns. Where appropriate matters raised may:

• be investigated by management, internal audit, or through the disciplinary process;
• be reported to members of the Disciplinary Panel;
• be referred to the police
• be referred to an external auditor;
• form the subject of an independent inquiry.

In order to protect individuals and those accused of misdeeds or possible malpractice's, initial inquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle, which the Company will have in mind, is the service user's interests, the interest of other employees, and the Company itself. 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.

Some concerns maybe resolved by agreed action, without the need for investigation. If urgent action is required, this will be taken before any investigation is considered.

The Company will endeavour to write to the employee within ten working days of a concern being raised:

• Acknowledging that the concern has been received;
• Indicating how it proposes to deal with the matter;
• Giving an estimate of how long it will take to provide a final response;
• Telling them whether any initial inquires have been made; and
• Saying whether further investigations will take place and if not, why not.

The amount of contact between the officers considering the issues and the employee who raised the matter will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the Company will seek further information from the employee.

Where any meeting is arranged, employees may be accompanied by a union or professional association representative or friend. 

The Company will take steps to minimise any difficulties which employees may experience as a result of raising a concern. For instance, if they are required to give evidence in criminal or disciplinary proceedings the company will arrange for them to receive advice about the procedure.

The Company accepts that employees need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, it will inform them of the outcome of any investigations.

8. How the Matter can be Taken Further

This Code is intended to provide employees with an avenue within the Company to raise concerns. The Company hopes they will be satisfied with any action taken. If they are not, and feel it is right to take the matter outside the Company, the following are possible contact points:

• A Trade Union
• Public Concern at Work
• The Citizens Advice Bureau
• The Police
• Their Solicitor

This procedure is designed to ensure that issues of concern raised by staff are given every opportunity to be dealt with internally. This is essential because solutions to problems need to be found from within the Company itself. Simply making matters public does not mean your concern is met or that the interest of service users will be protected. If employees do take the matter outside the company, they should ensure that they do not disclose confidential information.

End