1.3.2 Whistle-blowing Procedure |
Contents
- Introduction
- The Council's Assurances to Staff
- How we will Handle the Matter
- How to Raise a Concern Internally
- Independent Advice
- External Contacts
- If you are Dissatisfied
1. Introduction
All of us at one time or another have concerns about what is happening at work.
Usually these concerns are easily resolved. However, when they are about unlawful conduct, financial malpractice or dangers to the public or the environment, it can be difficult to know what to do.
You may be worried about raising such issues or may want to keep the concerns to yourself, perhaps feeling it's none of your business or that it's only a suspicion. You may feel that raising the matter would be disloyal to colleagues, managers or to the organisation. You may decide to say something but find that you have spoken to the wrong person or raised the issue in an inappropriate way and are not sure what to do next.
Southwark Council has introduced a Whistle-blowing policy and procedure, which enables you to VOICE your concerns in a confidential way to the right person. We would prefer you to raise the matter when it is just a concern, rather than wait for proof.
The policy is supported by the trade unions and the Council in order to ensure that services are of the highest possible standard and our actions are beyond reproach.
If something is troubling you, which you think we should know about or look into, please use this procedure. If, however, you are aggrieved about something that affects mainly yourself personally, please use the Staff Complaints Procedure - which you can get from your manager or personnel officer. The Whistle-blowing Procedure is primarily for concerns where the well being of others or of the organisation itself are at risk and it would not normally be possible to pursue an issue using other procedures.
Examples of situations where it might be appropriate to use this procedure include: ill-treatment of a patient/client or customer, suspected fraud, disregard for legislation (for example Health & Safety), showing undue favour in contractual matters or to a job applicant.
2. The Council's Assurances to Staff
To Protect You
The Chief Executive and chief officers are committed to this policy. If you raise a genuine concern under this policy, you will not be at risk of losing your job or suffering any form of retribution as a result. Providing you are acting in good faith, it does not matter if you are mistaken. The Public Interest Disclosure Act 1998 also provides protection for staff acting in good faith. Of course we do not extend this assurance to someone who maliciously raises a matter they know to be untrue.
To Protect Your Identity
We will not tolerate the harassment or victimisation of anyone raising a genuine concern. If such harassment or victimisation should occur, you should write to:
The Monitoring Officer
Town Hall, Peckham Road
London SE5 8YB
(Or e-mail: whistleblow@southwark.gov.uk)
However, we recognise that you may nonetheless want to raise a concern in confidence under this policy. If you ask us to protect your identity by keeping your confidence, we will not disclose it without your consent.
If the situation arises where we are not able to resolve the concern without revealing your identity (for instance because your evidence is needed in court), we will discuss with you whether and how we can proceed.
Remember that if you do not tell us who you are, it will be much more difficult for us to look into the matter or to protect your position or to give you feedback. Accordingly, while we will consider anonymous reports, it will not be possible to apply all aspects of this policy for concerns raised anonymously.
3. How we will Handle the Matter
Once you have told us of your concern, we will look into it to assess initially what action should be taken. This may involve an internal inquiry or a more formal investigation. We will tell you who is handing the matter, how you can contact him/her and whether your further assistance may be needed. If you request, we will write to you summarising your concern and setting out how we propose to handle it. When writing to you about a matter you have raised, we will, if you wish, always write to you at your home address. Investigations will be undertaken on a strictly confidential basis. The subject of the complaint will not be informed unless (or until) it becomes necessary to do so.
When you raise the concern you may be asked how you think the matter might best be resolved. If you do have any personal interest in the matter, we do ask that you tell us at the outset. If your concern falls more properly within the Staff Complaints Procedure we will tell you.
While the purpose of this policy is to enable us to investigate possible malpractice and take appropriate steps to deal with it, we will give you as much feedback as we properly can. If requested, we will confirm our response to you in writing. Written responses will also state the next step that you can take if you feel that the matter has not been dealt with properly. Please note, however, that we may not be able
to tell you the precise action we take where this would infringe a duty of confidence owed by us to someone else.
4. How to Raise a Concern Internally
Step One
If you have a concern about malpractice, we hope you will feel able to raise it first with your manager. This may be done orally or in writing.
Step Two
If you feel unable to raise the matter with your manager, for whatever reason, please raise the matter with the appropriate Head of Service for your service area, or else an appropriate specialist office within the Council (Head of Equalities, for service equality issues; Financial Management Services Investigations Manager; Personnel Manager for employment equality issues; Health and Safety Strategy Manager).
Personnel will be able to advise you of who this is, if you are unsure. When checking with Personnel you will not have to go into details. Concerns about fraud can also be raised through the Council's Fraud Hotline (020 7525 3621).
When you raise the matter, please say if you are doing this in confidence. The person you contact can then make appropriate arrangements.
Step Three
If these channels have been followed and you still have concerns, or if you feel that the matter is so serious that you cannot discuss it with any of the above, please write to:
The Monitoring Officer
Town Hall, Peckham Road
London SE5 8YB
(Or e-mail: whistleblow@southwark.gov.uk)
The Monitoring Officer can investigate concerns about the most senior officers.
5. Independent Advice
If you are unsure whether to use this procedure or you want independent advice at any stage, you may contact your trade union or the Independent Charity Public Concern at Work on 020 7404 6609. Their lawyers can give you free confidential advice at any stage about how to raise concerns about serious malpractice at work.
6. External Contacts
Option 1
While we hope this policy gives you the reassurance you need to raise such matters internally, we recognise that there may be circumstances where you can properly report matters to outside bodies, such as regulators or the police. Public Concern at Work (or, if applicable, your trade union) will be able to advise you on such an option and on the circumstances in which you may be able to contact an outside body safely.
Option 2
While we hope this policy gives you the reassurance you need to raise such matters internally, we would rather you raised a matter with the appropriate regulator than not all.
Provided you are acting in good faith and you have evidence to back up your concern, you can also contact, for example:
- Audit Commission whistle-blowing hotline
020 7630 1019 (matters of fraud or corruption) - Health & Safety Executive
St Dunstan's House
201 Borough High Street, SE1 1GZ
020 7556 2100 - Commission for Racial Equality
Elliot House
10 Allington Street, SW1E 5EH
020 7828 7022 - Equal Opportunities Commission
Overseas House, Quay Street
Manchester M3 3HN
0161 833 9244 - National Disabilities Council
Caxton House, Tothill Street. SW1H 9NA
020 7273 6190 - Independent Advocacy Service
(for Community Care service for adults)
Cambridge House
151 Camberwell Road, SE5 0HF
020 7703 0261 - Children's Society
Edward Rudolph House
69 Margery Street WC1X 0JL
020 7837 4299
7. If you are Dissatisfied
If you are unhappy with the Council's response at Step Three, remember you can seek further independent advice and contact the external bodies detailed in this policy. While we cannot guarantee that we will respond to all matters in the way that you might wish, we will try to handle the matter fairly and properly. By using this policy, you will help us to achieve this.
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