Whistleblowing code

Introduction

Thanet District Council is committed to the highest possible standards of propriety and accountability in the conduct of its activities for the community.  Employees are often the first to realise that something wrong may be happening within the Council.  This Code is intended to help employees who have serious concerns over any potential wrong‑doing within the Council involving matters such as where:

• a criminal offence (for example, fraud, corruption or theft) has been/is likely to be committed
• a miscarriage of justice has occurred or is likely to occur
• the health or safety of any individual has been/is likely to be endangered
• the environment has been/is likely to be damaged
• public funds are being used in an unauthorised manner
• the Council’s Constitution has been or is being breached by Members and/or officers
• sexual, verbal or physical abuse or bullying of any member of staff or service recipient is taking place
• unlawful discrimination is occurring to any member of staff or service recipient on grounds of sex, race or disability
• information relating to any of the above is being deliberately concealed or attempts are being made to conceal the same.      

The Council had adopted this Code so as to enable you to raise your concerns about such wrongdoing at an early stage and in the right way.

If something is seriously concerning you, which you think we should know about or look into, please use this Code.  If, however, you are aggrieved about your personal position, please use the Grievance Procedure.  This Whistleblowing Code is primarily for concerns where the interests of others or of the organisation itself are at risk.

Aims of the Whistleblowing Code

The Code aims to:

• encourage employees to feel confident in raising serious concerns
• provide ways for employees to raise those concerns and get feedback on any action taken as a result
• reassure employees that if they raise any concerns in good faith and reasonably believe them to be true, they will be protected from possible reprisals or victimisation.

Who is covered by the Code?

All employees of the Council may use this Code.  This includes permanent and temporary staff.  It also covers agency staff and staff seconded to a third party.

Contractors working for the Council may also use the provisions of this Code to make the Council aware of any concerns that the contractor’s staff may have with regard to any contractual or other arrangement with the Council.

What assurance do you get?

If you raise a concern under this Code, you will not be at risk of losing your job or suffering any form of retribution as a result, provided that:

• the disclosure is made in good faith
• you reasonably believe that information, and any allegations contained in it, are substantially true; and
• you are not acting for personal gain.

The Council will not tolerate the harassment or victimisation of anyone raising a genuine concern.  However, we recognise that you may nonetheless want to raise a concern in confidence under this Code.  If you ask us to protect your identity by keeping your confidence, we will not voluntarily disclose it without your consent.  If the situation arises where we are not able to resolve the concern without revealing your identity (for instance, because your evidence is needed in court), we will discuss with you whether and how we can proceed.

As concerns expressed anonymously are much less powerful, individuals are encouraged to put their names to all concerns raised.  Matters raised anonymously may nevertheless be considered at the discretion of the Council.  In exercising this discretion, the factors to be taken into account include:

• the seriousness of the issues raised
• the credibility of the concern
• the likelihood of being able to confirm the allegations from other, attributable sources.

What is the legal background?

The Public Interest Disclosure Act 1998 (referred to as ‘the Whistleblowers Act’) protects employees against detrimental treatment or dismissal as a result of any disclosure of normally confidential information in the interests of the public.  The Act only covers protected disclosures under six categories, namely:  crime, illegality, miscarriage of justice, damage to health and safety, damage to the environment, and ‘cover‑ups’ about these issues.

To obtain protection employees must first disclose the information to the employer or to a body prescribed by the Secretary of State for the purposes of receiving such information.  A list of the prescribed bodies is available on the Government’s website, along with a useful Guide on the Act.

The Council has introduced this Whistleblowing Guide in line with the Act.

How should an employee raise a concern?

As soon as you become reasonably concerned you should firstly raise the issue with your line manager (unless she/he is the potential transgressor, in which case write to your director or the Chief Executive or the Council’s S151 Officer).

Concerns may be raised verbally or preferably in writing.  Employees who wish to raise a concern should explain as fully as possible:

• the background and history of the concern (giving relevant dates), and
• the reason why they are particularly concerned about the situation.

How will the Council respond?

If the concern is raised verbally, the person receiving the information should put it in writing as soon as practicable to ensure that it properly reflects the concerns that have been raised.  The employee must also indicate if the concern is to be treated in confidence.  The limit of that confidence will be checked out by the person receiving the information.

Once you have told us of your concern, we will look into it to assess initially what action should be taken.  An acknowledgement should be sent to you within two working days.  We will tell you who may be handling the matter, how you can contact him/her and whether your further assistance may be needed.  If you request it, we will write to you summarising your concern(s) and setting out how we propose to handle it.

When you raise the concern you may be asked how you think the concern(s) might best be resolved.  If you do have any personal interest in the matter, we do ask that you tell us at the outset.  Should your concern fall within another policy or procedure of the Council (for example, the Grievance Procedure), we will tell you.

While the purpose of this Code is to enable us to investigate possible malpractice and take appropriate steps to deal with it, we will give you as much feedback as we properly can.  If requested, we will confirm our response to you in writing.  Please note, however, that we may not be able to tell you the precise action we take where this would infringe a duty of confidence owed by us to someone else or where it may impede an investigation.

Concerns raised may:

• be investigated by management, internal audit, the S151 Officer or through the disciplinary process
• be referred to the Police
• be referred to the external auditor
• form the subject of an independent enquiry.

Usually, within four weeks of a concern being raised, the person looking into the concern will write to you at your home address:

• acknowledging that the concern has been received,
• indicating how it is proposed to deal with the matter,
• giving an estimate of how long it will take to provide a full response,
• saying whether any initial enquiries have been made,
• supplying information on support available to you, and
• saying whether further investigations will take place and if not, why not.     

Subject to any legal constraints, the employee will normally be informed of the final outcome of any investigation.

What safeguards are there for the employee?

• The Council will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect those who raise a concern in good faith.
• Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary or redundancy procedures already taking place concerning the employee.
• No action will be taken against anyone who makes an allegation in good faith, reasonably believing it to be true, even if the allegation is not subsequently confirmed by the investigation.  However, allegations made maliciously or which are deliberately false will be dealt with under the Council’s Disciplinary Procedures.
• Every effort will be made to ensure confidentiality as far as this is reasonably practical.
• Help will be provided to you in order to minimise any difficulties which you may experience.  This may include advice on giving evidence if needed.  Meetings may, if necessary, be arranged off‑site with you and with you being represented, if you so wish.

How can a concern be taken further?

If you are unsure whether to use this Code or you want independent advice at any stage, you may contact:

• if applicable, your relevant trade union lawyer;
• other bodies prescribed by the Secretary of State;
• the independent charity Public Concern at Work on 020 7404 6609.  Their lawyers can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work.      

An employee who is not satisfied with the action taken by the Council and feels it right to question the matter further, may consider the following possible contact points:

• the Council’s S151 Officer
• Internal Audit and/or the District Auditor
• the employee’s trade union
• the Citizens’ Advice Bureau and/or law centre/firm
• a government department
• the Local Government Ombudsman
• the Information Commissioner
• the Health and Safety Executive
• the Standards Board for England
• one of the independent members of the Standards Committee.    

This Code is intended to provide an avenue within the Council to raise concerns.  If an employee takes the matter outside the Council, he/she should ensure that no disclosure of confidential information takes place and should seek advice, as the Public Interest Disclosure Act does not provide blanket protection and could leave employees vulnerable to disciplinary or other action, if they disclose confidential information in circumstances not covered by the Act.

Corporate monitoring

The Council’s Standards Committee has responsibility for maintaining an overview of this Whistleblowing Code.  The S151 Officer will report to the Standards Committee on the operation of the Code.

Financial Services

E-mail: accountancy@
thanet.gov.uk

Tel: 01843 577000