Whistleblowing Policy
The public interest disclosure act 1998 protects workers who blow the whistle about wrongdoing. It applies where a worker has a reasonable belief that their disclosure tends to show one or more of the following offences or breaches.
A criminal offence
The breach of legal obligation
A miscarriage of justice
A danger to the health and safety of any individual
Damage to the environment o
Deliberate covering up of information tending to show any of the above.
We strongly support measures which protect whistle blowers from any form of victimisation. We have a procedure to ensure that concerns are dealt with effectively and efficiently and will do all that we can to preserve the confidentiality of workers who raise such concerns. In addition to that in our safeguarding training and procedures, all staff are aware of how to escalate matters if they have concerns over how a concern is being handled.
Staff who genuinely believe that people they work with are behaving in a way that seems wrong or have a serious concern about an aspect of service will be doing their duty and acting in the public interest by speaking out.
How to raise a concern
This procedure seeks to encourage and enable individuals to disclose information through appropriate channels first, rather than going directly to an outside person or body. As a first step concerns should normally be raised with the manager. This depends however on the seriousness and sensitivity of the issues involved and who is suspected of any wrongdoing. Staff can raise concerns with the local authority or OFSTED as a third option.
Concerns may be raised verbally or in writing. Staff who wish to make a written report are advised to set out the history and background of the concern, giving names, dates, and places where possible, and the reasons for making the disclosure. This will make the investigation easier to complete. Although a member of staff is not to prove beyond doubt the truth of the allegation, they will need to demonstrate that they have an honest and reasonable suspicion that malpractice has occurred, is occurring or is likely to occur.
We will respond to any concerns raised. In order to protect a member of staff who raises a concern and those accused of wrongdoing, 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 (conduct or discrimination issues) will normally be referred for consideration under those procedures. 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. Staff will be told how the setting proposes to deal with a concern within ten working days of the concern being brought to the setting’s attention.
Confidentiality
All concerns will be treated in confidence and every effort will be made not to reveal a staff member’s identity if they so wish. However, while making all reasonable efforts to maintain the confidentiality of the matter, at a certain stage in the investigation it will be necessary to make the origin of the complaint known to the person or persons the allegations concern. All concerns raised within the remit of this procedure will be assessed to determine if the confidentiality extends to withholding the name of the complainant. There shall be a substantial reason for doing so, such as a real risk of personal harm.
Complainants should be aware however, that their identity may be revealed by inference.
Untrue Allegations
We accept that deciding to report a concern can be very difficult and uncomfortable. If a member of staff makes an allegation in good faith, but is not confirmed by the investigation, no action will be taken against him/her. If, however a member of staff makes an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against them.