Whistle-blowing policy

Introduction

The Council is committed to providing the highest quality services for the residents and businesses of the district and to full accountability for those services. Although rules, regulations, quality standards and procedures are in place to ensure that the highest standards of conduct and commitment to service are observed, malpractice and wrongdoing may occur.  

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 or to the Council. They may also feel harassment or victimisation. In these circumstances it may be easier to ignore the concern rather then report what may just be a suspicion of malpractice. Similarly, members of the public may feel the same way.

The Council is not prepared to tolerate malpractice or wrongdoing in the performance of its staff, members or contractors. It does expect that employees and the public who have concerns about any aspect of the Council’s work will come forward and voice those concerns.

This “whistle-blowing” policy makes it clear that these issues can be raised without fear of victimisation, subsequent discrimination or disadvantage. It is intended to encourage and enable employees and the public to raise serious concerns within the Council rather than overlooking a problem or ‘blowing the whistle’ outside.

The policy is intended to supplement, rather than replace, existing procedures whereby employees and members of the public may already raise complaints or matters of genuine concern with the Council. It is, therefore, designed to provide a channel for those instances where the person reporting the matter feels that, for any reason, they cannot use these existing complaints procedures.

Scope of the policy

The policy is designed to deal with concerns raised in relation to the specific issues which are in the public interest. These may include the following. This is not a comprehensive list but is intended to illustrate the sorts of issues which may be raised:

• Any unlawful act, whether criminal or a breach of civil law
• Maladministration, as defined by the Local Government Ombudsman
• Failure to comply with legal obligations or statutory codes of practice
• Breach of, or failure to implement or comply with, Standing Orders or with any policy determined by the Council or any committee of the Council.
• Any failure to comply with appropriate professional standards
• Fraud, corruption or dishonesty
• Actions which are likely to cause physical danger to any person, or to give rise to a risk of significant damage to property.
• Loss of income to the Council or would otherwise seriously prejudice the Council
• Abuse of power, or the use of the Council’s powers and authority for any unauthorised or ulterior purpose.
• Discrimination in the Council’s employment or services.
• Attempts to suppress or conceal any information relating to any of the above
• Any other matter you consider you cannot raise by any other procedure.

The policy will not apply to personal grievances concerning an individual’s terms and conditions of employment, or other aspects of the working relationship, complaints of bullying or harassment, or disciplinary matters.

The policy covers any malpractice or wrongdoing by:

1. any employee of the Council
2. any member of the Council; and
3. any contractor, supplier or consultant of the Council in the course of their work for the Council.

Confidentiality

The Council will do its best to respect the confidentiality of any “whistle-blowing” complaint received where the complainant requests confidentiality.

However, it will be easier to investigate and verify complaints if the complainant is prepared to give his/her name. It must be appreciated that the investigation process may reveal the source of the information. A statement by the complainant may be required as part of the evidence being gathered and at the appropriate time, it may be necessary for the complainant to come forward as a witness.

Anonymous allegations

This policy encourages complainants to put their names to their allegations whenever possible. Concerns expressed anonymously are less persuasive, but they will be considered at the discretion of the Council. In exercising the discretion, the factors to be taken into account would include:

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

Untrue allegations

If an allegation is made in good faith, but it is not confirmed by the investigation, no action will be taken against the complainant.  

If, however, an allegation is made frivolously, maliciously or for personal gain, the Council will view this very seriously and will instigate appropriate disciplinary or legal action against the complainant.

How to raise a concern

Members of the public

Ideally members of the public should discuss their concerns with the appropriate senior officer, as part of the Council’s formal complaints procedure.

Details of the procedure and complaints form are available from the Council offices as well as on line.

However, the Council recognises that there are sometimes occasions when your concerns are so serious that you may not feel confident about using these methods but would be happy to raise them in a more confidential way.

In these circumstances, the information may be provided in writing or on the telephone to the Whistleblowing Officer. Their contact details can be found at the end of this policy.  

You can rest assured that the information you provide will be kept confidential and that the person you talk to is independent, experienced and has sufficient authority to ensure proper enquiries are carried out.

Members of staff

As a first step, staff 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 malpractice. If you feel this avenue is inappropriate then you should contact the Whistleblowing Officer direct. Their contact details can be found at the end of this policy.

Concerns may be raised verbally or in writing. Those 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 you are particularly concerned about the situation; and
• the extent to which you have personally witnessed or experienced the problem (provide documented evidence where possible).

The earlier you express your concerns the easier it is to take action.

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

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

You may invite your trade union representative or work colleague to be present during any meetings or interviews in connection with the concerns you have raised.

How the Council will respond

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;
• be referred to the Standards Board for England.

In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle which the Council will have in mind is the public interest.

Some concerns may be resolved by agreed action without the need for investigation. If obvious urgent action is required this will be taken before any investigation is conducted.

Concerns raised through the normal complaints procedure will be responded to in line with that procedure.  

Concerns raised by staff with their immediate manager will be responded to as soon as reasonably practicable.

If you raise your concern via the Whistleblowing Officer, within 10 working days of the concern being raised, they will write to you acknowledging that the concern has been received.

The amount of contact between you and the officers considering the issues will depend on the nature of the issues raised, potential difficulties involved and clarity of the information provided. If necessary, the Council will seek further information from you. Subject to any legal constraints, you will be kept informed of the progress of enquiries.

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

The Council accepts that you need to be assured that the matter had been properly addressed. Therefore, subject to any legal constraints, we will inform you of the outcome of any investigation.

How the matter can be taken further

This policy is intended to provide you with an avenue within the Council to raise concerns. The Council hopes that anyone raising a concern will be satisfied with any action taken.  

If you are not, and you feel it is right to take the matter outside the Council, the following are possible contact points:

• the external auditor;
• your local Citizens' Advice Bureau;
• a relevant voluntary organisation;
• the police;
• relevant professional bodies or regulatory organisations;
• your trade union

If you do take the matter outside the Council, you should ensure that you do not disclose confidential information. Please check with your relevant contact at the Council about this.

The Whistleblowing Officers

Sharon Larkin, Head of Human Resources, 01225 776655, e-mail: slarkin@westwiltshire.gov.uk

Steve Harding, Management Accountant, 01225 776655, e-mail: sharding@westwiltshire.gov.uk