Whistle Blowing Policy 2024

HELLESDON PARISH COUNCIL - WHISTLEBLOWING POLICY

Policy 2

Background 2

Principles 2

Procedure 3

Date protection 4

Whistle Blowing Policy
Last Reviewed April 2024
Next Review Due 2024/2025 M4
Policy

It is important that any fraud, misconduct or wrongdoing by staff or others working on behalf
of the council is reported and properly dealt with. We therefore require all individuals to raise
any concerns that they may have about the conduct of others in the council. This policy sets
out the way in which individuals may raise any concerns that they have and how those
concerns will be dealt with.

Background

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to
provide protection for workers who raise legitimate concerns about specified matters in the
public interest. These are called "qualifying disclosures". A qualifying disclosure is one made
by an employee who has a reasonable belief that:

   •     a criminal offence;
   •     a miscarriage of justice;
   •     an act creating risk to health and safety;
   •     an act causing damage to the environment;
   •     a breach of any other legal obligation; or
   •     concealment of any of the above;

is being, has been, or is likely to be, committed. It is not necessary for you to have proof that
such an act is being, has been, or is likely to be, committed - a reasonable belief is sufficient.
You have no responsibility for investigating the matter - it is the council’s responsibility to
ensure that an investigation takes place.

If you make a protected disclosure you have the right not to be dismissed, subjected to any
other detriment, or victimised, because you have made a disclosure. We encourage you to
raise your concerns under this procedure in the first instance.

Principles

• Everyone should be aware of the importance of preventing and eliminating
wrongdoing at work. Staff and others working on behalf of the council should be
watchful for illegal or unethical conduct and report anything of that nature that they
become aware of.
• Any matter raised under this procedure will be investigated thoroughly, promptly and
confidentially, and the outcome of the investigation reported back to the person who
raised the issue.

Whistle Blowing Policy
Last Reviewed April 2024
Next Review Due 2024/2025 M4
 • No employee or other person working on behalf of the council will be victimised for
raising a matter under this procedure. This means that the continued employment
and opportunities for future promotion or training of the worker will not be prejudiced
because they have raised a legitimate concern.
• Victimisation of an individual for raising a qualified disclosure will be a disciplinary
offence.
• If misconduct is discovered as a result of any investigation under this procedure our
disciplinary procedure will be used, in addition to any appropriate external measures.
• Maliciously making a false allegation is a disciplinary offence.
• An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to
raise or pursue any concern, even by a person in authority such as a manager, you
should not agree to remain silent. You should report the matter to the Clerk or the
Chair of the Council.

Procedure

If you believe a Councillor has breached the councillor Code of Conduct, then raise it with
the Chairman of the Council. Concerns relating to an alleged breach of the councillor Code
of Conduct will be referred to the Monitoring Officer for investigation.

This procedure is for disclosures about matters other than a breach of your own contract of
employment, which should be raised via the Grievance Procedure.

Stage 1

In the first instance, any concerns should be raised with the Clerk, who will arrange an
investigation of the matter. The investigation may involve you and other individuals involved
giving a written statement. Any investigation will be carried out in accordance with the
principles set out above. Your statement will be taken into account, and you will be asked to
comment on any additional evidence obtained.

The Clerk (or delegated officer) will take any necessary action, including reporting the matter
to the Council, or any appropriate government department or regulatory agency. The Clerk
(or delegated officer) will also invoke any disciplinary action if required. On conclusion of any
investigation, insofar as confidentiality allows, you will be told the outcome and what the
council has done, or proposes to do, about it. If no action is to be taken, the reason for this
will be explained.

Stage 2

If you are concerned that the Clerk is involved in the wrongdoing, has failed to make a
proper investigation or has failed to report the outcome of the investigations to the relevant
Whistle Blowing Policy
Last Reviewed April 2024
Next Review Due 2024/2025 M4
person, you should escalate the matter to the Chair of the Council. The Chair will arrange for
a review of the investigation to be carried out, make any necessary enquiries.

Stage 3

If on conclusion of stages 1 and 2 you reasonably believe that the appropriate action has not
been taken, you should report the matter to the relevant body. This includes:

   •   HM Revenue & Customs
   •   The Health and Safety Executive
   •   The Environment Agency
   •   The Serious Fraud Office
   •   The Charity Commission
   •   The Pensions Regulator
   •   The Information Commissioner
   •   The Financial Conduct Authority

You can find the full list in The Public Interest Disclosure (Prescribed Persons) Order 2014:
www.gov.uk/government/uploads/system/uploads/attachment_data/file/496899/BIS-16-79-
blowing-the-whistle-to-a-prescribed-person.pdf

Data protection

When an individual makes a disclosure, we will process any personal data collected in
accordance with the data protection policy. Data collected from the point at which the
individual makes the report is held securely and accessed by, and disclosed to, individuals
only for the purposes of dealing with the disclosure.

— policy ends here —

The wording of this policy is based on an employee’s statutory right to make a disclosure in
the public interest. Adopting and applying this policy as it stands will support the council to
comply with this right.

An employee making a genuine disclosure under this policy is protected from victimisation
and any unfavourable treatment. If a member of staff believes they have been treated
differently because they have made a disclosure, they may be able make a claim to an
Employment Tribunal irrespective of whether they are a casual, fixed term worker, or an
established member of staff.

Whistle Blowing Policy
Last Reviewed April 2024
Next Review Due 2024/2025 M4