CONFIDENTIAL REPORTING CODE (Whistleblowing)
1. INTRODUCTION
1.2 The Council is committed to the highest possible standards of openness, probity and accountability. In line with that commitment it expects staff and others that it deals with who have serious concerns about any aspect of the Council's work to come forward and voice those concerns.
1.3 Staff are often the first to realise that there may be something seriously wrong within the Council. However, they may not raise their concerns because they feel that speaking up would be disloyal to their colleagues or to the Council. They may also fear harassment or victimisation. In these circumstances it may be easier to ignore the concern instead of reporting what may just be a suspicion of malpractice.
1.4 The adoption of this confidential reporting Code by the Council is intended to encourage and enable all staff to raise any serious concerns they have within the Council, rather than overlooking a problem or 'blowing the whistle' outside. The Code makes it clear that you can raise concerns on a confidential basis, without fear of victimisation, subsequent discrimination or disadvantage. It is based on the Public Interest Disclosure Act 1998, which gives staff raising concerns under its rules legal protection against reprisals.
1.5 The Code applies to all staff and contractors working for the Council on Council premises, including agency staff. It also covers suppliers and those providing services under a contract with the Council.
1.6 The procedures in this Code are in addition to the Council's existing Complaints Procedure.
2. AIMS AND SCOPE OF THIS CODE
2.1 This Code aims to:
· encourage you to feel confident about raising serious concerns
· encourage you to question practice and act upon any concern
· provide clear channels for you to raise those concerns
· ensure that you receive a response to concerns you raise and that you are clear about how to pursue them if you are not satisfied
· reassure you that you will be protected from possible reprisals or victimisation if you raise a concern in good faith reasonably believing something is wrong.
2.2 The Council has a Grievance Procedure to enable you to lodge a grievance relating to your own employment and a Harassment and Bullying Policy to enable you to raise any concerns about this area, which should be directed to Human Resources. This Confidential Reporting Code is intended to cover major concerns you might have that fall outside the scope of other procedures. Such concerns might 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 staff
· damage to the environment
· the unauthorised use of public funds
· possible fraud and corruption
· serious and organised crime
· sexual or physical abuse of clients, or
· other unethical conduct.
If safeguarding concerns are highlighted then the Safeguarding Policy and procedures must be adhered to.
2.3 Any serious concerns that you have about any aspect of service provision or the conduct of staff or councillors of the Council or others acting on behalf of the Council can be reported under the Confidential Reporting Code. This could be about something that:
· makes you feel uncomfortable in terms of your past experience or what you know about standards set by the Council; or
· is against the Council's Standing Orders and policies; or
· falls below established standards of practice; or
· amounts to improper conduct.
2.4 This Code does not replace the corporate complaints procedure.
3. SAFEGUARDS
3.1 The Council is committed to good practice and high standards and wants to be supportive of staff.
3.2 The Council recognises that making the decision to report a concern can be difficult. If what you are saying is true, you should have nothing to fear because you will be doing your duty to the Council and those for whom you are providing a service.
3.3 The Council will not tolerate any harassment or victimisation (including informal pressures) of someone raising something of concern to them and if proven will take appropriate action, including disciplinary procedures to protect you against this when you raise a concern in good faith. If you consider that you are the subject to harassment or victimisation (including informal pressures) due to the raising of your concern you should inform the person dealing with your whistleblowing matter or any other officer named in this policy.
3.4 Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary or redundancy procedures that already affect you.
4. CONFIDENTIALITY
4.1 If someone asks for a matter to be treated in confidence, then we will do our upmost to respect that request. However, it is not possible to guarantee confidentiality. If we are in a position where we cannot maintain confidentiality and so have to make disclosures, we will discuss the matter with you first. We will give you feedback on any investigation and be sensitive to any concerns you may have as a result of any steps taken under this procedure.
4.2 In some circumstances the Council may decide that we have to reveal your identity in order to assist in the investigation into the matter. You will be advised beforehand if this is to be the case. Your prior consent will be obtained before such disclosure, unless we have to disclose your identity by law (e.g. safeguarding concerns, money laundering or other criminal offences).
5. ANONYMOUS ALLEGATIONS
5.1 This Code encourages you to put your name to your allegation whenever possible. Remember, if you do not tell us who you are it will be much more difficult for us to investigate the matter fully, to ask follow- up questions, to protect your position or to give you feedback.
5.2 Concerns expressed anonymously are much less powerful but will be considered at the discretion of the Council.
5.3 In deciding whether to consider anonymous concerns the following are some of the factors which will be taken into account:-
· the seriousness of the issues raised
· the credibility of the concern; and
· the likelihood of confirming the allegation from attributable sources
6 UNTRUE ALLEGATIONS
6.1 If you make an allegation in good faith, but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against you in accordance with the Council's disciplinary procedures.
7 HOW TO RAISE A CONCERN
7.1 As a first step, you should normally raise concerns with your immediate manager or their 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 your management is involved, you should approach the Chief Executive, Chief Finance Officer, Monitoring Officer, or Internal Audit.
7.2 Concerns may be raised verbally or in writing. If you wish to make a written report it is best to use the following format:
· the background and history of your concern (giving relevant dates);
· the reason why you are particularly concerned about the situation.
7.3 The earlier you express your concern the easier it is to take action.
7.4 Although you are not expected to prove beyond doubt the truth of an allegation you make, you will need to demonstrate to the person you contact that there are reasonable grounds for your concern.
7.5 You can obtain advice/guidance on how to pursue matters of concern from:
|
Chief Executive |
Daniel Mouawad |
(01784 446250) |
|
Chief Finance Officer |
Terry Collier |
(01784 446296)
|
|
Deputy Chief Executive Monitoring Officer |
Lee O’Neil Karen Limmer |
(01784 446377) (01784 446248) |
|
Chief Internal Auditor Human Resources Manager (where specifically relates to a Human Resources matter) |
Neil Pitman
Debbie O’Sullivan/Angela Tooth |
neil.pitman@hants.gov.uk
(01784 446289) (01784 446427) |
7.6 In addition you could contact any of the following:-
The Chair or Vice Chair of the Standards Committee: the Council has a Standards Committee, the purpose of which is to help the Council operate to the highest ethical standards. Both the Chair and Vice-Chair are non-councillors and can be approached for advice. Their details can be obtained from Committee Services on 01784 446240/444243 or found on the Council’s website; or
Protect - This is a registered charity which seeks to ensure that concerns about serious malpractice are properly raised and addressed in the workplace and they can be contacted on 020 3117 2520; or
Your trade union or professional body.
7.7 You may wish to consider discussing your concern with a colleague first and you may find it easier to raise the matter if there are two (or more) of you who have had the same experience or concerns.
7.8 You may invite your trade union, professional association representative or a friend to be present during any meetings or interviews in connection with the concerns you have raised.
8. HOW THE COUNCIL WILL RESPOND
8.1 The Council will always respond to your concerns. Do not forget that testing out your concerns is not the same as either accepting or rejecting them.
8.2 If you raise a concern with your manager which they feel is beyond the scope of their authority or of a serious nature they will refer it to the Monitoring Officer rather than dealing with it personally.
8.3 Where appropriate, the matters you raise may:
· be investigated by managers, 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.
8.4 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 for the Council is the public interest. Concerns or allegations which fall within the scope of specific procedures (for example grievance or sexual harassment) will normally be referred for consideration under those procedures.
8.5 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.
8.6 Within ten working days of a concern being raised, the manager with whom you raise your concern or the Monitoring Officer will write to you:
· acknowledging that your concern has been received
· indicating how the Council 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 support mechanisms, and
· telling you whether further investigations will take place and if not, why not.
8.7 The amount of contact between the officers considering the issues and you will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the Council will seek further information from you.
8.8 Where any meeting is arranged, which can be away from the offices or your place of work if you so wish, you can be accompanied by a union or professional association representative or a friend.
8.9 The Council will take steps to minimise any difficulties which 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.
8.10 The Council accepts that you need to be assured that the matter has been properly addressed and so, subject to legal constraints, will inform you of the outcome of any investigation.
9. THE RESPONSIBLE OFFICER
9.1 The Council's Monitoring Officer has overall responsibility for the maintenance and operation of this Code. That officer will maintain a record of concerns raised and the outcomes (but in a form which does not endanger your confidentiality) and will report as necessary to the Council.
10. HOW THE MATTER CAN BE TAKEN FURTHER
10.1 This Code is intended to provide you with clear channels within the Council to raise concerns and the Council hopes you will be satisfied with any action taken. If you are not, and if you feel it is right to take the matter outside the Council, the following are possible contact points:
· Public Concern at Work
· the Council's external auditor
· your trade union
· your local Citizens Advice
· relevant professional bodies or regulatory organisations
· the police.
10.2 If you do take the matter outside the Council, you should ensure that you do not disclose confidential information. Check with the contact point about that.
11. Policy Review
11.2 This policy will be reviewed annually by the Council’s Monitoring Officer to ensure the effectiveness of the policy and the findings will be reported to the Audit Committee.