Whistleblowing or Raising Concerns at Work
REGULATIONS AND STANDARDS
The Fostering Services (England) Regulations 2011
Regulation 11 - Independent fostering agencies—duty to secure welfare
Fostering Services: National Minimum Standards:
STANDARD 4 - Safeguarding children
STANDARD 19.6 – Suitability to work with children
SCOPE OF THIS CHAPTER
This Whistleblowing policy is made known to all staff, volunteers, foster carers and Panel members.
There is a clear duty for such people to report to an appropriate authority any circumstances within the fostering Agency which they consider likely to significantly harm the safety, rights or welfare of any child placed by the service.
This chapter informs staff, carers, volunteers and panel members on how to report any wrongdoing at work or 'blow the whistle' without fear of being victimised or dismissed. Whistleblowing is intended to cover concerns that fall outside of issues dealt with under the Complaints Procedure. See also: Managing Allegations Against Staff and Foster Carers Procedure.
RELEVANT GUIDANCE
Contents
1. Introduction and Definition
The importance of raising concerns at work in the public interest or 'whistleblowing' is recognised by the Agency.
The Public Interest Disclosure Act 1998 provides legal protection against workers suffering detriment as result of making a 'protected disclosure'. A 'protected disclosure' is when a 'worker' makes a 'qualifying disclosure' - often known as 'whistleblowing'.
A 'qualified disclosure' means any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following:
- That a criminal offence has been committed, is being committed or is likely to be committed;
- That a person has failed, is failing or is likely to fail to comply with any legal obligation;
- That a miscarriage of justice has occurred, is occurring or is likely to occur;
- That the health or safety of any individual has been, is being or is likely to be endangered;
- That the environment has been, is being or is likely to be damaged; or
- That information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.
The disclosure can relate to wrongdoing that has happened in the past, is presently happening or which the worker believes will happen in the near future.
The disclosure must be made in good faith: the worker must not commit a criminal offence by making the disclosure; they must reasonably believe the information disclosed to be substantially true; the disclosure must not be made for personal gain; in all the circumstances of the case, it must be reasonable for the worker to make the disclosure.
Failure to follow this policy for making a disclosure may result in the disclosure of information losing its protected status.
A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by their employer on the ground that the worker has made a protected disclosure. For example, they must not be treated unfairly by the Agency as employer or be dismissed from their employment because they have made the disclosure.
It is important for individuals to feel safe and listened to when raising concerns. The Agency adopts an open approach to whistleblowing which promotes the values of openness and transparency and encourages employees to treat service users with dignity, respect and compassion. In that way, the wellbeing and safety of service users and the provision of good care become part of the culture, and are seen as "the way we do things around here".
From the Agency's point of view, there are good business reasons for listening to workers who raise concerns, as it gives an opportunity to stop poor practice at an early stage before it becomes normalised and serious incidents take place.
From the worker's perspective, the freedom to raise concerns without fear means that they have the confidence to go ahead and "do the right thing". It is part of encouraging workers to reflect on practice as a way of learning.
2. What to do
Before making a disclosure, or at any time during the process, workers can contact support organisations for advice – see Further Information.
Workers should firstly raise their concerns with their line manager so that any appropriate action can be taken. If it is inappropriate to be shared with their line manager, for example if the concerns are about them or a relative, they should speak with a different member of the management team or raise their concerns directly with the Agency's Responsible Individual.
Disclosures can be made anonymously, although this may make it difficult in practice for the matter to be investigated if insufficient information has been given. If confidentiality is requested when making a disclosure, then every effort should be made to protect the identity of the whistleblower, although they should be advised that this may not always be possible. If it is not possible to withhold their identity, then, wherever possible, they should be notified of this as soon as possible.
After the matter has been raised, the matter will be looked into and where appropriate an internal inquiry or formal investigation will be carried out. The worker will be advised what will happen next, the likely timescale and arrangements made for contacting the worker and keeping them informed. Workers will be advised of the outcome to the extent that it is appropriate to do so although it may not be possible to include precise information as to the outcome as this may be in breach of the Agency's duty of confidence owed to someone else. A report of an outcome should be provided.
If the worker is not satisfied with the outcome they can then contact the fostering manager who deals with complaints or the Agency's Responsible Individual.
If the worker feels that their concern has not been addressed or the issues have not been resolved to achieve a solution and positive outcome, and that there are no further avenues for pursuing the matter within the Agency, then they can make a disclosure to a 'prescribed person'. Prescribed persons include:
Children's Commissioner for England
Contact them about matters relating to the rights, welfare and interests of children in England.
The Office of the Children's Commissioner
Sanctuary Buildings
20 Great Smith Street
London
SW1P 3BT
Tel: 020 7783 8330
E-mail: info.request@childrenscommissioner.gov.uk
Website: www.childrenscommissioner.gov.uk
Ofsted
Contact them about matters relating to regulation and inspection of children's social care.
Ofsted
Piccadilly Gate
Store Street
Manchester
M1 2WD
Tel: 0300 123 3155
E-mail: whistleblowing@ofsted.gov.uk
The National Society for the Prevention of Cruelty to Children (NSPCC)
Contact them about matters relating to child welfare and protection.
NSPCC
Weston House
42 Curtain Road
London
EC2A 3NH
Tel: 0800 028 0285
This phoneline is staffed 365 days a year:
- Mon-Fri (incl. bank holidays) 8am to 10pm;
- Weekends 9am to 6pm.
E-mail: help@nspcc.org.uk
Website: www.nspcc.org.uk/keeping-children-safe/reporting-abuse/dedicated-helplines/whistleblowing-advice-line/
The Health and Safety Executive
Contact them about the health and safety of individuals at work, or the health and safety of the public arising out of or in connection with the activities of persons at work.
Tel: 0300 003 1647
Online form: www.hse.gov.uk/contact/
Social Work England
Contact them about matters relating to the registration and fitness to practise of a social worker.
1 North Bank
Blonk Street
Sheffield,
S3 8JY
Tel: +44 (0)808 196 2274
E-mail: enquiries@socialworkengland.org.uk
Website: socialworkengland.org.uk
Health and Care Professions Council
Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the Health and Care Professions Council, or any other activities in relation to which the Council has functions.
Health and Care Professions Council
Park House
184-186 Kennington Park Road
London
SE11 8BU
Tel: 0845 300 6184
Website: www.hcpc-uk.org
3. Child Protection
The fostering Agency is committed to promoting and safeguarding the welfare of children. Any matter that comes to the attention of carers, staff, volunteers and panel members and is of a child protection nature will be reported to the relevant authorities under the Safeguarding Children and Young People Procedure and Referring Safeguarding Concerns Procedure.
Where a member of staff, volunteer, panel member or foster carer considers that a child protection matter has arisen within the Agency and has not been dealt with appropriately, they may make use of this procedure and report matters of concern to the senior manager within the Agency or a report can be made to the local authority (for the area where the child is placed or the relevant person lives) or to the Regulatory Authority.
Further Information
Protect - Speak up, stop harm - Free, confidential whistleblowing advice
NSPCC Whistleblowing Advice Line - Support for professionals who are worried about how child protection issues are being handled in their workplace.
Whistleblowing for Employees (GOV.UK)
Speak Up - Support for NHS and Social Care Employees and Managers
Advisory, Conciliation and Arbitration Service (Acas) (GOV.UK)