Whistleblowing Policy
This policy aims to encourage and enable individuals to raise concerns regarding wrongdoing within the council in a safe and supportive environment. Councils should contact their county association for HR-related support and seek guidance when drafting and implementing policies.
Whistleblowing Policy
2. Scope
Whistleblowing is the reporting of certain types of wrongdoing in the workplace that are in the public interest. Examples include:
- Criminal offences, such as fraud
- Breaches of legal obligations, such as operating without required insurance
- Breaches of health and safety
- Environmental damage
- Miscarriage of justice
- Covering up any of the above wrongdoing
This policy outlines how such concerns can be reported and how the council will respond, ensuring confidentiality, transparency, and the protection of whistleblowers.
3. How to Raise a Concern
Individuals are encouraged to raise concerns about any suspected wrongdoing or malpractice within the council. There are multiple ways to raise a concern:
- Internally: Whistleblowers can report concerns to the council clerk. If the concern involves the clerk or if the whistleblower feels uncomfortable approaching the clerk, they can raise the matter directly with the chair of the council or any other designated independent council member.
- Externally: If the individual is not comfortable reporting internally, they can raise their concerns with an independent whistleblowing officer or through external bodies such as a regulatory agency or legal representative. Contact details for these external bodies are provided in the appendix to this policy.
4. Confidentiality and Independent Reporting
All concerns raised will be treated with the utmost confidentiality. Measures will be put in place to protect the identity of the whistleblower wherever possible, unless disclosure is required by law. Whistleblowers can also choose to remain anonymous, although this may limit the council’s ability to fully investigate the matter.
If there is a need for independent handling, the council will engage a third-party investigator to ensure impartiality.
5. Protection for Whistleblowers
The council is committed to ensuring that no one who raises a concern is subjected to any detriment. This includes, but is not limited to, victimisation, harassment, or any disciplinary action as a result of raising the concern. Any whistleblower who believes they are being unfairly treated should report this immediately to the chair of the council or the designated HR representative. The council will take immediate action to address and rectify any forms of victimisation.
6. Investigation Process
- Notify: The individual raising the concern will receive an acknowledgment of their disclosure within 7 working days. If the concern involves serious misconduct, the council will inform the appropriate authorities.
- Investigate: An independent investigation will be conducted. This may involve gathering written statements from those involved and collating supporting evidence. The council will assign a suitable and impartial person to lead the investigation.
- Communication During Investigation: The whistleblower will be kept informed of the progress of the investigation at least every 14 days, while ensuring that confidentiality is maintained. Any changes in timelines or major developments will be communicated promptly.
7. Concluding the Investigation
Once the investigation is complete, findings will be shared with the council for decision-making. If it is determined that misconduct has occurred, appropriate disciplinary actions will be initiated. The whistleblower will receive a summary of the outcome, detailing the actions taken, subject to confidentiality limitations.
If the matter requires, the council will report the issue to relevant government departments or regulatory agencies.
8. Expected Timeframes
The council aims to:
- Acknowledge the disclosure within 7 working days.
- Complete investigations within 30 working days.
- Notify the whistleblower of the outcome within 10 working days after the investigation is concluded.
If more time is required for any of these stages, the whistleblower will be informed.
9. Support for Whistleblowers
Whistleblowers will be given access to support, including confidential counselling services, if required. The council is committed to ensuring that whistleblowers feel safe and supported throughout the process. Access to independent legal advice will be provided if necessary.
10. Distinguishing Whistleblowing from Grievances
This policy is intended to deal with concerns in the public interest. Personal grievances relating to an individual’s employment should be raised using the grievance procedure. Where there is uncertainty, whistleblowers are encouraged to raise their concern, and the council will provide guidance on whether it falls under whistleblowing or grievance procedures.
11. Training
All staff and council members will receive regular training on whistleblowing procedures. This training will cover how to respond to disclosures, ensure confidentiality, and support whistleblowers. The training will be updated annually to ensure consistency and adherence to best practices.
12. External Reporting
If whistleblowers do not feel comfortable raising concerns internally, they have the right to raise their concern with external bodies, such as regulatory agencies, auditors, or legal professionals. Contact information for key regulatory agencies is included in the appendix to this policy.
13. Review of Policy
This whistleblowing policy will be reviewed annually to ensure it is in line with the best practices and meets all legislative requirements.