Social Care Staff: Confidential Reporting Policy (Whistleblowing)

Employees are often the first to realise that there may be something seriously wrong within the Council or some part of it. However, they may not say anything because they feel that speaking up would be disloyal to their colleagues or to the Council. They may also fear harassment or victimisation. They may feel that it may be easier for them to ignore the concern rather than report what may just be a suspicion.

WSCC is committed to the highest possible standards of openness, probity and accountability. In line with that commitment, we expect employees, and others that we deal with, who have serious concerns about any aspect of our work to come forward and voice those concerns.

It is recognised that most cases will have to proceed on a confidential basis.

The Confidential Reporting Policy makes it clear that you can do so without fear of victimisation, subsequent discrimination or disadvantage and aims to:

  • Encourage you to feel confident in raising serious concerns and to question and act upon concerns about practice;
  • Provide an avenue for you to raise those concerns and receive feedback on any action taken;
  • Make sure that you receive a response to your concerns and that you are aware of how to pursue them if you are not satisfied;
  • Reassure you that you will be protected from possible reprisals or victimisation if you have a reasonable belief that you have made any disclosure in good faith.

The Confidential Reporting Policy is intended to cover major concerns that may fall outside the scope of other procedures. These include:

  • Conduct which is a criminal offence or a breach of the law;
  • Disclosures related to miscarriages of justice;
  • Health and safety risks, including risks to the public or employees;
  • Damage to the environment;
  • The unauthorised use of public funds;
  • Possible fraud and corruption;
  • Sexual or physical abuse of clients;
  • Other unethical conduct.

Therefore, you can report any serious concerns that you have about any aspect of service provision or the conduct of officers of WSCC or others acting on behalf of the Council under the Confidential Reporting Policy. This may be about something that:

  • Makes you feel uncomfortable in terms of known standards you experience or standards you believe WSCC subscribed to;
  • Is against WSCC and policies;
  • Falls below established standards of practice;
  • Amounts to improper conduct.

False or Unproven Allegations

If you express a concern with a reasonable belief in a potential breach, but it is not confirmed or cannot be proved by the investigation, no action will be taken against you.

If, however, you make an allegation frivolously, maliciously or for personal gain, and the investigation confirms this, then disciplinary action may be taken against you.

How to Raise Concern

  1. The earlier you express the concern, the easier it is to take action;
  2. As a first step, you should normally raise concerns with your line manager. This depends however on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if you believe that management is involved, you should approach the Head of Safeguarding, the Director of Family Operations or the Chief Executive;
  3. If you are in any doubt about how to raise a concern, you should consult your trade union who will be able to advise you how to proceed;
  4. Concerns may be raised orally or in writing. If you wish to make a written report you should use the following format:
    • The background and history of the concern (giving relevant dates if possible);
    • The reason why you are particularly concerned about the situation.
  5. Although you are not expected to prove beyond doubt the truth of an allegation, you will need to demonstrate to the person contacted that there are reasonable grounds for your concern;
  6. Where appropriate, the matters raised may:
    • Be investigated by management, internal audit, or through the disciplinary process;
    • Be referred to the Police;
    • Be referred to the external auditor;
    • Form the subject of an independent inquiry.
  7. If the concern is about vulnerable individuals, or a criminal activity, action will be taken promptly to protect the individual and prevent further offences. The overriding principle which the Council will have in mind is the public interest. If the person nominated to deal with your issue finds aspects of the concerns fall outside the scope of this Policy, but which still need to be addressed, they will normally be referred for consideration but will not be allowed to delay the investigation under this Policy;
  8. Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required this will be taken before any investigation is conducted;
  9. Within ten working days of a concern being raised with the person dealing with your issue, they:
    • Will write to you:
    • Acknowledging that the concern has been received;
    • Indicating how we propose to deal with the matter;
    • Giving an estimate of how long it will take to provide a final response;
    • Telling you whether any initial enquiries have been made;
    • Supplying you with information on staff mechanisms; and
    • Telling you whether further investigations will take place and if not, why not; and
    • Will inform the Monitoring Officer that an issue has been raised under this policy.
  10. If you do take the matter outside WSCC, you should make sure that you do not disclose confidential information.