Whistleblowing Policy

1. Introduction

Whistleblowing is an employee's disclosure of what they consider to be malpractice by an employer or coworker.

This policy is intended to enable and encourage employees to blow the whistle, or disclose their concerns, within the Council, rather than ignore malpractice or disclose it to an organisation outside this authority.

Employees are often the first to realise that there may be something seriously wrong within the Council. However, they may not disclose their concerns because they fear that speaking up will invite reprisals. They may also feel that disclosing certain information
means being disloyal to their colleagues. In these circumstances it may be easier to ignore the concern rather than to report it.

The Council is committed to the highest possible standards of openness, honesty and accountability. In line with this commitment, we expect employees with serious concerns about any aspect of the Council's work to come forward and voice those concerns. This
policy makes it clear that you can do so in the strictest confidence without fear of dismissal, harassment, intimidation or other detrimental treatment.

This policy has the support of the local Trade Unions.

2. Aims of this Policy

This Policy aims to:

• Provide the necessary framework for you to disclose certain concerns and receive feedback on any action taken.
• Make you aware of how to pursue matters further if you are dissatisfied with the Council's response.
• Reassure you that you will be protected from dismissal, harassment, intimidation or other types of detrimental treatment as a result of disclosing your concerns providing you have made the disclosure in good faith. A disclosure made with malicious or
  frivolous intent may be grounds for disciplinary action.

3. Subject matter of the Disclosure

There are existing procedures in place, such as the Grievance Procedure, to enable you to lodge a grievance about your own employment. This policy does not replace that procedure. This procedure is intended to protect you where you disclose to the Council
information which relates to serious misconduct or malpractice, such as:

• An offence or a breach of law
• Miscarriages of justice
• Health and safety risks to an employee or member of the public
• Damage to the environment
• The unauthorised use of public funds
• Possible fraud and corruption
• Physical, sexual or verbal abuse or harassment of clients or colleagues, or abuse of property
• Institutional discrimination ( including institutional racism), as defined in the Council's Equal Opportunities Policy
• The deliberate concealment or suppression of information relating to any of the categories above.

4. Confidentiality and Safeguards

All concerns will be treated in the strictest confidence and your identity will not be revealed. However, it must be appreciated that during the investigation, a statement from you may be needed as part of the evidence gathering process. This policy encourages you
to put your name to your allegation whenever possible because concerns expressed anonymously carry less weight and will only be considered at the discretion of the Council. Whilst the Council will always do its best to protect individuals, it is more difficult to protect
you from harassment, intimidation or other detrimental conduct unless you put your name to the disclosure that you are making.

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 maliciously, frivolously or for personal gain, disciplinary action may be taken under the Council's Disciplinary Code.
The Council recognises that the decision to report a concern can be a difficult one to make. The Council will not tolerate any harassment or intimidation (including informal pressures) of any person making a disclosure and will take appropriate action to protect
you when you raise a concern in good faith. This does not mean that if you are already the subject of disciplinary or redundancy procedures, those procedures will be halted as a result of the disclosure.

5. Raising a Concern

Who can raise a concern?

Everyone working at the Council is entitled to the protection of this Policy. This includes temporary staff, selfemployed contractors, agency workers and people on work experience placements or work trials.

How should I raise a concern?

Concerns are best raised in writing. You are invited to set out the background and history of the concern, giving names, dates and places where possible, and the reasons why you are concerned about the situation. You will need to demonstrate that there are reasonable grounds for your concern, but are not expected to prove the truth of your allegation.

If there are two (or more) of you who have had the same concerns or experience you should each raise these concerns separately. You should avoid, as far as possible, discussing the matter together as this may affect the fairness of any subsequent investigation.

Who should I raise a concern to?

You decide the best person to raise your concern with. The first option is your immediate manager. This depends, however, on the seriousness and sensitivity of the issue and who is suspected of malpractice. If you feel that management in your area is implicated, then one of the following designated people may be contacted:

Chief Executive Paul Durham Ext: 2121
Monitoring Officer Charles Kerry Ext: 2118
Head of Human Resources Rachel Robins Ext: 2412
Auditor Manager Brian Gell Ext: 2167
Executive Director Chris Hardy Ext: 2151

Concerns can also be raised with any Elected Member.

Trade Unions, professional associations and public bodies can also raise a concern to the Council on your behalf (see below). These individuals and organisations will deal with your concern in the strictest confidence and respect your anonymity as far as possible.

Who will investigate my concern?

An officer of appropriate experience and seniority will be appointed to lead an investigation if the person to whom you reported the concern feels that there could be a case to answer. The 'investigating officer' will be wholly detached from the matter and
the people under investigation.

When should I raise my concern?

The earlier you express your concern, the easier it is to take action.

6. How the Council will respond

The Council will respond to your concerns. Depending on their seriousness, the matter raised may be:

• Investigated internally
• Referred to the police
• Referred to the external auditor
• Made the focus of an independent inquiry.

In order to protect individuals and the Council, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Concerns that fall within the scope of specific procedures (for example, child protection or discrimination
issues) will be referred for consideration under these procedures. Some concerns may be resolved by agreed action without the need for investigation. Within 10 working days of a concern being raised, the Council will acknowledge that the concern has been received and will indicate how it proposes to deal with the matter. If any meeting is arranged, a union or professional association representative or a friend may accompany you if you so wish. The responsible officer will maintain a record of the concerns raised and the outcomes and will report regularly to the Council's Ethics and Standards Committee, which is responsible for monitoring how the Council deals with matters of misconduct and malpractice.

This policy is intended to provide you with an avenue within the Council to raise concerns. The Council hopes that you will be satisfied with any action taken. If you are not, then you are entitled to appeal in writing to the Chair of the Ethics and Standards Committee. If you are still dissatisfied, then you may take your complaint to an external body. The following are possible contacts:

• The District Auditor, 3 rd Floor, Sumner House, St Thomas' Road, Chorley, Lancs, PR7 1HT
• Your Trade Union
• Your Professional Association
• The Citizen's Advice Bureau
• The Police
• Public Concern at Work

Glossary of terms

Malpractice -  Failure to act correctly or legally when doing your job, especially causing injury or loss.
Intimidation - The act of frightening or threatening someone, usually in order to persuade them to do something against their wishes
Corruption - An instance of someone abusing a position or power to their own advantage, especially for money.
Harassment - When a person is subjected to unwelcome or inappropriate behaviour that undermines, demeans, offends, insults or injures them.
Miscarriage of justice - An incorrect decision in a law court that finds someone guilty of a crime that they have not committed or vice versa.