WHISTLEBLOWING POLICY
1.1
Employees are often the first to realise that there may be something
seriously wrong with the Fire Authority. However, they may not express their
concerns because they feel that speaking up would be disloyal to their
colleagues or to the Fire
Authority. They may also fear harassment or victimisation. In these circumstances, it may be easier to ignore the concern rather
than report what may just be a suspicion of
malpractice.
1.2
The Fire Authority is committed to the highest possible standards of
openness, probity and accountability. In line with that commitment, we expect
employees, and others that we deal with, who have serious concerns about any
aspect of the Fire Authority's work
to come forward and voice those concerns. It is recognised that most cases will
have to proceed on a confidential basis.
1.3
This procedure document makes it clear that you can do so without fear
of victimisation, subsequent discrimination or disadvantage. This confidential reporting procedure is
intended to encourage and enable Employees to raise serious concerns within the
Fire Authority rather than overlooking a problem or 'blowing the whistle' outside.
1.4
The procedure applies to all employees and those Contractors working
for the Fire Authority on Fire Authority premises. For example, agency
employees, builders, drivers. Further guidance can be found within the Ethical
Governance Framework at Section 2 – Standards and Partners
1.5
These procedures are in addition to the Fire Authority's complaints
procedures and other statutory reporting procedures. You are responsible for
making service users aware of the existence of these procedures.
1.6
This procedure has been discussed with the relevant Representative
Bodies and has their support.
2.1
This procedure aims to:-
· encourage you to feel confident in
raising serious concerns and to question
and act upon concerns about practice.
· provide avenues for you to raise those concerns and receive
feedback on any action taken.
· ensure that you receive a response
to your concerns and that you are aware
of how to pursue them if you are not satisfied.
· reassure you that you will be
protected from possible reprisals or victimisation
if you have a reasonable belief that you have made any disclosure in good
faith.
2.2
There are existing procedures in place to enable you to lodge a
grievance relating to your own employment. The confidential reporting procedure
is intended to cover major concerns that fall outside the scope of other
procedures. These include:-
· conduct which is an offence
or a breach of law
· disclosures related to
miscarriages of justice
· health and safety risks,
including risks to the public as well as other Employees
· damage to the environment
· the unauthorised use of
public funds
· possible fraud and corruption
· sexual or physical abuse of
clients, or
· other unethical conduct
2.3
Thus, any serious concerns that you have about any aspect of service
provision or the conduct of Employees or Members of the Fire Authority or
others acting on behalf of the Fire Authority can be reported under the
confidential reporting procedure. This may be about something that:
· makes you
feel uncomfortable in terms of known standards, your experience or the
standards you believe the Fire Authority subscribes to; or
· is against the Fire
Authority's Procedural Rules and policies, or
·
falls below established standards or practice, or
·
amounts to improper conduct
2.4
This procedure does not replace the existing complaints procedure.
3.1
Harassment or Victimisation.
3.2
The Fire Authority is committed to good practice and high standards and wants to be supportive of Employees.
3.3
The Fire Authority recognises that the decision to report a concern can
be a difficult one to make. If what you are saying is true, you should have
nothing to fear because you will be doing your duty to your Employer and those
for whom you are providing a service.
3.4
The Fire Authority will not tolerate any harassment or victimisation
(including informal pressures) and will take appropriate action to protect you
when you raise a concern in good faith.
3.5
Any investigation into allegations of potential malpractice will not
influence or be influenced by any disciplinary or redundancy procedures that
already affect you.
4.1
All concerns will be treated in confidence and every effort will be
made not to reveal your identity if you so wish. At the appropriate time,
however, you may need to come forward as a witness.
5.1
This procedure encourages you to put your name to your allegation whenever possible.
5.2
Concerns expressed anonymously are much less powerful but will be
considered at the discretion of the Fire Authority.
5.3
In exercising this discretion, the factors to be taken into account
would include:-
· the seriousness of the
issues raised
· the credibility of the
concern; and
· the likelihood of confirming
the allegation from attributable sources
6.1
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 frivolously, maliciously or for personal gain, disciplinary action
may be taken against you.
7.1
As a first step, you should normally raise concerns with your immediate
Line Manager or their superior. This depends, however, on the seriousness and
sensitivity of the issues involved and who is suspected of the malpractice. For
example, if you believe that Management is involved, you should approach the
Monitoring Officer to the Fire Authority (Mr P Devlin, 01429 872311), Chief
Fire Officer and Head of Paid Service (Mr I Hayton, 01429 872311), or the
Director of Corporate Services (Mrs K Winter 01429 872311). In matters arising
out of paragraphs 2.2.5 of the Fire Authority's Financial Procedure Rules, the
Treasurer (Mr C Little telephone 01429 523002) or alternatively, the Head of
Internal Audit (Mr N Adamson telephone 01429 523173) should be informed,
namely: -
"The
Treasurer is responsible for investigating promptly any fraud or irregularity
brought to their attention and report to the Head of Paid Service.
7.2
Concerns may be raised verbally or in writing. Employees who wish to
make a written report are invited to use the following format:-
· the background and history
of the concern (giving relevant dates)
· the reason why you are
particularly concerned about the situation
7.3
The earlier you express the concern the easier it is to take action.
7.4
Although you are not expected to prove beyond doubt the truth of an allegation, you will need to demonstrate
to the person contacted that there are reasonable grounds for your concern.
7.5
Obtain advice/guidance on how to pursue matters of concern from:-
·
Employer Internal Source (Head of Finance and Procurement, Mr G Fowler
– 01429 872311)
· Prescribed Person External
Source (Mr R Woodley, Mazars LLP, External Auditors –
0191 3836302)
7.6
You may wish to consider discussing your concern with a colleague first
and you may find it easier to raise the matter if there are two (or more) of
you who have had the same experience or concerns.
7.7
You may invite your Trade Union, professional association
representative or a friend to be present during any meetings or interviews in
connection with the concerns you have raised.
7.8
Protect (formerly Public Concern at Work) is an independent charitable
body which provides confidential
advice and on-going support to individuals (020 311172520)
|
Mr P Devlin Monitoring Officer |
01429 872311 |
|
Mr C Little Treasurer to
the Authority |
01429 523002 |
|
Mr Ian Hayton Chief Fire Officer |
01429 872311 |
|
Mrs K Winter Director of
Corporate Services |
01429 872311 |
|
Mr G Fowler Head of
Finance & Procurement |
01429 872311 |
|
Mr N Adamson Head of
Internal Audit |
01429 523173 |
|
Mr R Woodley External Audit (Mazars
LLP) |
0191 3836302 |
8.1
The Fire Authority will respond to your concerns. Do not forget that
testing out your concerns is not the same as either accepting or rejecting them.
8.2
Where appropriate, the matters raised
may:-
·
be investigated by management, Internal Audit or through the
disciplinary process
·
be referred to the Police or other agency
·
be referred to the External Auditor
·
form the subject of an independent enquiry
8.3
In order to protect individuals and those accused of misdeeds or
possible malpractice, initial enquiries will be made to decide whether an
investigation is appropriate and, if so, what form it should take. The
overriding principle which the Fire Authority will have in mind is the public
interest. Concerns or allegations which fall within the scope of specific
procedures (for example discrimination issues) will normally be referred for
consideration under those procedures.
8.4
Some concerns may be resolved by agreed action without the need for investigation. If urgent action is
required, this will be taken before any investigation is conducted.
8.5
Within ten working days of a concern being raised, the recipient of
your written allegations will write
to you.
·
acknowledging that the concern has been received
·
indicating how we propose to deal with the matter
·
giving an estimate of how long it will take to provide a final response
·
telling you whether any initial enquiries have been made
·
supplying you with information on employees support mechanisms
·
telling you whether further investigations will take place and if not,
why not, and
· will inform the Responsible
Officer (paragraph 9) of the concern being
raised and the action taken
8.6 The amount of contact
between the officers considering the issues and you will depend on the nature
of the matters raised, the potential difficulties involved and the clarity of
the information provided. If necessary, the Fire Authority will seek further
information from you.
8.7 Where any meeting is
arranged, off-site if you so wish, you can be accompanied by a Trade Union or a
Professional Association Representative or a
friend.
8.8
The Fire Authority will take steps to minimise any difficulties which
you may experience as a result of raising a concern. For instance, if you are
required to give evidence in criminal or disciplinary proceedings, the Fire
Authority will arrange for you to
receive advice about the procedure.
8.9
The Fire Authority accepts that you need to be assured that the matter
has been properly addressed. Thus, subject to legal constraints, we will inform
you of the outcome of any investigation.
9.1
The Director of Corporate Services (Mrs K Winter - 01429 872311) has
overall responsibility for the maintenance and operation of this procedure.
That Officer maintains a record of concerns raised and the outcomes (but in a
form which does not endanger your confidentiality) and will report as necessary
to the Fire Authority.
10.1
This procedure is intended to provide you with an avenue within the
Fire Authority to raise concerns. The Fire Authority hopes you will be
satisfied with any action taken. If you are not, and if you feel it is right to
take the matter outside the Fire Authority, the following are possible contact points:-
· the designated independent
person or organisation (External Auditor)
· your Trade Union
· your local Citizens Advice Bureau
· relevant professional bodies
or regulatory organisations
· a relevant voluntary organisation
· the Police
10.2
If you do take the matter outside the Fire Authority, you should ensure
that you do not disclose confidential information in breach of the Data
Protection Act 2018 and the General
Data Protection Regulation.