Raising concerns (whistleblowing) policy and procedure

1. Policy statement

1.1.The London Borough of Bromley is committed to ensuring the highest standards of conduct and ethical behaviour throughout all of its operations and has high expectations of propriety, integrity and accountability from its staff and stakeholders. Our REAL Values set out the core standards that are integral for us as an organisation to achieving the ambitions set out in ‘Making Bromley Even Better’.

1.2.The council actively encourages open and honest communications, as a culture where employees, partners and other stakeholders can confidently raise concerns is one of the best means to ensure these standards and values are consistently maintained.

1.3.Therefore, the council is keen to ensure that all persons working for the council or on our behalf are able to speak up and raise issues which are of concern at work.

1.4.The overarching aims of this policy are to:

• Encourage employees to feel confident in raising genuine concerns
• Provide avenues for individuals to raise concerns and receive feedback
• Protect individuals from reprisals for disclosures made in good faith.

2. Definitions

2.1.Whistleblowing can be defined as “the raising of a concern, either within the workplace or externally, about a danger, risk, malpractice or wrong-doing which affects others”. (Whistleblowing Commission’s Code of Practice)

2.2.The Public Interest Disclosure Act 1998 provides protections for employees who make such disclosures.

3. Scope

3.1.This policy applies to all employees (including temporary and agency staff), suppliers, volunteers and contractors working on behalf of the council.

3.2.It can be used for concerns about others or the organisation such as:

• Conduct which is, has been or is likely to be an offence or a breach of law
• The unauthorised use of public funds, for example assets or funds used for personal gain
• Possible fraud and corruption (please see the Counter Fraud and Corruption Strategy for examples)
• Sexual, physical, verbal or financial abuse of clients
• Disclosures related to past, current or likely miscarriages of justice, for example false information knowingly provided to support enforcement action
• Health and safety risks to the public or other employees
• Any other concerns regarding the conduct of officers or Members or others acting on behalf of the council, for example breach of core council standards and policies.

3.3.The Whistleblowing Policy does not replace the council’s complaints procedures and other statutory reporting procedures applying to some departments.

3.4.If you wish to raise concerns regarding your own employment, please use the grievance procedure.

3.5.If you have health and safety concerns, we encourage you to raise these first with your line manager or the Health and Safety Officer.

4. Roles and responsibilities

5. Safeguards and support

5.1.Employees are often the first to realise that there may be something wrong within the council and therefore it is important that employees raise concerns so that issues can be dealt with as soon as possible, and to prevent any further possible damage or losses.

5.2.The council recognises however that individuals may be worried about raising such a concern, perhaps through a sense of disloyalty to colleagues, uncertainty about the issue or because they fear victimisation or reprisals.

5.3.The council is committed to running the organisation in the best way possible and to do so we need your help. We have introduced this policy to reassure you that it is safe and acceptable to speak up and to enable you to raise any concern you may have about malpractice at an early stage and in the right way. Rather than wait for proof, we would prefer you to raise the matter when it is still a concern.

5.4.Employees making a disclosure in good faith will not suffer any disadvantage as a result of raising a concern. They are protected by both the Public Interest Disclosure Act and this policy. The council will not tolerate the detrimental treatment, harassment or victimisation of anyone raising a genuine concern. This includes attempts to deter individuals from raising concerns. Any such instances will be dealt with through the Disciplinary Policy.

5.5.These guarantees apply regardless of the outcome of the investigation, including where the concern is unfounded.

If you are unsure about raising a concern you can get independent advice from Protect, an independent charity on 020 3117 2520 or by email at whistle@protectadvice.org.uk. Their lawyers can talk you through your options and help you raise a concern about malpractice at work. You can also seek advice from your Trade Union or professional body.

6. Confidentiality

6.1.You can choose to raise your concern in confidence and we will do our utmost not to reveal your identity if you tell us this is your wish. However, in certain circumstances, particularly in matters of criminal or civil law, it may not be possible to maintain your anonymity, for example if a witness statement is required to progress the case. In such instances, we will discuss this with you before disclosing your identity, including arrangements that can be put in place to support you.

7. Anonymous allegations

7.1.We encourage everyone to raise concerns openly as this will enable us to most effectively assess and investigate the issue. However, there will be occasions when individuals feel unable to provide their name. Therefore, we will consider all anonymous disclosures on their merits and these are always preferable to remaining silent.

7.2.However, before you choose to make an anonymous allegation, you should consider the following:

• It may be more difficult for the council to investigate the concern or take any action as, for example, it may not be possible to confirm the allegation from other sources or ask you for follow up information.
• You are unlikely to receive feedback on your concern.
• You may not be afforded all protections under this policy and the law as there will be no evidence that it was you who raised the concern.

8. False allegations

8.1.Individuals raising concerns in good faith will be supported and protected under this policy, even where further investigation demonstrates the concern to be unfounded.

8.2.However, individuals who knowingly make false or malicious allegations may be subject to disciplinary procedures.

9. Reporting

9.1.The Head of Audit and Assurance will report annually to Audit and Risk Management Committee, in an anonymised format, on the numbers of referrals and their outcomes.

10. Review

10.1. This policy will be reviewed every two years at a minimum, or sooner in line with significant developments.

11. Contact

If you have any queries on this policy or would like further advice, please contact:

Francesca Chivers, Head of Audit and Assurance
Francesca.chivers@bromley.gov.uk
0208 313 4308

Linda Pilkington, Principal Auditor
Linda.pilkington@bromley.gov.uk
0208 313 4284

Policy overview