Contents
Safeguards against harassment or victimisation
Introduction
Harlow District Council strives to provide the highest quality services for the benefit of its local community.
Whistleblowing is the raising of a concern in the public interest and with reasonable belief in the truth, either within the workplace or externally, about a danger, risk, malpractice or wrong doing which affects others. It can also cover failure to act appropriately in order to avoid danger, risk or malpractice.
Employees are often the first to realise that there may be something seriously wrong within the council. However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues or to the council. They may also fear reprisals and in these circumstances may feel it is easier to ignore the concern rather than report what may just be a suspicion.
Statement of policy
Harlow Council is committed to the highest possible standards and is committed to the Nolan principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
We encourage employees and others working with us to raise their concerns about any aspect of our work and recognise that individuals will sometimes want to express their concerns in confidence.
We want to be made aware of problems within the council when they arise and deal with them swiftly and effectively.
Council employees and others can raise concerns within the council without fear of reprisal or victimisation.
The council will respond in an appropriate and timely way to every whistleblowing matter raised.
This policy and procedure does not replace any of the following:
- grievance procedure
- disciplinary procedure
- dignity at work policy
- staff safety register
- child and adult safeguarding policy
- internal health and safety complaints which fall to the Health and Safety or Safety Committee
- duties imposed by third party regulators, for example requirements under Solicitors Regulation Authority Code of Conduct 7.7 and 7.8
Aim and scope
This policy applies to all employees, councillors, agency workers and contractors working on council premises (for example, cleaners, builders and drivers). It also covers suppliers and those providing services under a contract with the council in their own premises.
This policy and procedure doesn’t cover staff grievance procedures which are in place to allow concerns relating to employment to be raised. The grievance procedure can be found on Kaonet.
The policy aims to:
- give confidence that individuals can raise concerns and question existing workplace practices
- provide a procedure to raise such concerns
- respond appropriately to issues raised and set out what further action whistleblowers can take if they feel the matter remains unresolved
- reassure individuals that the council will protect them from reprisals and victimisation if they have raised a concern
Examples of types of concern
You can raise concerns about service provision, or the conduct of officers, councillors, or others acting for the council. Please report anything that:
- is against the council’s rules and policies
- falls below established standards of practice
- you think goes against the principles the council subscribes to (such as the Nolan principles)
- amounts to improper conduct
- raises a child or adult safeguarding concern in relation to an officer, councillor or contractor’s conduct or that of any other person working for or on behalf of the council
- is unlawful
- is a health and safety risk, including risks to the public as well as other employees
- causes damage to the environment
- is an unauthorised use of public funds
- is possible fraud and corruption
- is possible or actual abuse of vulnerable clients, modern slavery, human trafficking or theft
- damages or causes service equalities issues
- demonstrates or shows any of the above has been concealed or is likely to be deliberately concealed
- makes employees feel uncomfortable in terms of known standards, personal experiences or the standards the council subscribes to
If you are not sure about whether you should raise a matter, raise it. We can check whether it’s a problem, and investigate the issues.
The earlier you raise a concern, the easier it is to take action.
If you have a safeguarding concern about a child or adult with care and support needs you should follow the council’s child and adult safeguarding policy. If your concern is in relation to the conduct of a member of staff that is employed to work with children or adults with care and support needs and you suspect that the person has acted in such a way that has harmed or may have harmed a child or adult, you should make this clearso that appropriate action can be taken in line with Southend Essex and Thurrock (SET) Safeguarding and Child Protection Procedures or the SET Adult Safeguarding Guidelines. In such cases, a whistleblowing investigation may include liaison with the Local Authority Designated Officer for child and adult safeguarding.
How to raise a concern
If you can, please raise your concern with your line manager, or their manager. If you don’t want to do this (for instance, if your manager is part of the concern), you can approach any of the people listed below in complete confidence. Their contact details can be found on the council’s website or Kaonet.
- Chief Executives
- Section 151 Officer (Director of Finance)
- Director of Housing
- Monitoring Officer
- Assistant Director for Housing Operations
- Assistant Director - Corporate Services
- Head of Internal Audit
- Protect (an independent charity able to give legal advice free and in confidence)
You can raise a concern verbally or in writing. If in writing, please:
- set out the background and history of the concern, giving names, dates and places where possible
- include any hard copy evidence that you may have, such as emails or other relevant documents
- explain the reasons why the situation worries you
Alternatively. you can confidentially contact the Head of Internal Audit
How the council will respond
Any action taken by the council will depend upon the nature of the concern raised. It may:
- be investigated internally
- be referred to the external auditor
- be referred to the police
- be referred to the Monitoring Officer if it relates to the conduct of a councillor
- form the subject of the external enquiry
- be investigated by the National Audit Office (NAO)
- be referred to the Local Authority Designated Officer if it relates to misconduct resulting in child or adult safeguarding concerns
In order to protect identities and the council, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take.
It may be possible to resolve some concerns by agreed action without the need to carry out an investigation.
However if this is not the case then, within 10 working days of a concern being raised, the person to whom the concern has been forwarded will write to the whistleblower to:
- acknowledge that the concern has been received
- indicate how the matter will be dealt with
- give an estimate of how long it will take to provide a final response
- report on what initial enquiries have been made, if any
- inform whether further investigations will take place and if not, why not
The amount of contact between the officers considering the issues and whistle blowers depends on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the council will seek further information.
The council will take steps to minimise any difficulties experienced as a result of raising a concern. For instance, if evidence in criminal or disciplinary proceedings is required the council will arrange for advice to be provided about the procedure.
The council accepts the need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, it will inform whistleblowers of the outcome of any investigation.
Other procedures
This whistleblowing procedure covers concerns that fall outside the scope of other procedures. Managers are responsible for making service users and employees aware of these procedures.
If an individual is unsure of which process to use, we would far rather they raised the issue so we can make sure that it goes through the right processes.
Any investigation into allegations under this procedure will be separate from any other processes already under way. Allegations will not alter the outcomes of other disciplinary or redundancy procedures.
Anonymity and confidentiality
The best way to raise a concern is to do so openly. Therefore, whistleblowers will be encouraged to give their name when they raise a concern. Openness makes it easier for the council to investigate the matter and obtain further information.
If employees do not wish to use their name to be disclosed, the council will protect identities when concerns are raised, unless a disclosure is required by law.
Anonymous concerns will be considered at the discretion of the council, but they are less powerful. In exercising discretion on whether or not to consider anonymous concerns, the factors to be taken into account would be:
- the seriousness of the issues raised
- the credibility of the concern
- the likelihood of confirming the allegation from attributable sources
Safeguards against harassment or victimisation
The council recognises that a decision to report a concern may be difficult, not least because employees fear reprisal from those about whose behaviour they are expressing concern.
The council wishes to make it clear that harassment or victimisation (including informal pressures) of a person whistleblowing in good faith will not be tolerated and action will be taken to give protection to individuals when they raise a concern. Council employees will be subject to disciplinary procedures if they subject individuals to detriment* after they raise concerns.
If after raising a concern employees feel they are suffering a detriment* they should report this to the officers listed within this policy and they will be entitled to independent advice.
This does not mean that if employees are the subject of disciplinary or redundancy procedures or investigations or other matters that those proceedings will be halted as a result of any whistleblowing.
For the purposes of this procedure *detriment means subjecting staff to any disadvantage for making a disclosure; examples include (but are not limited to) failure to promote, denial to training, closer monitoring, ostracism, demotion, disciplinary action and victimisation.
Untrue allegations
If you make an allegation in the public interest with reasonable belief in the truth that is not subsequently confirmed by an investigation, the council will not take any action against you.
The council may take disciplinary action against individuals who knowingly make false, malicious or mischievous allegations.
Taking matters further
This policy is intended to provide ways to raise concerns within the council. It is hoped any outcomes will be satisfactory. If they are not, there will be an opportunity to raise the matter with the council’s Head of Internal Audit in the first instance.
If concerns are unable to be reported within the council, there is a legal framework to make a disclosure about the following categories, provided there is a reasonable belief for it to be in the public interest:
- criminal offences
- failure to comply with legal obligations
- miscarriages of justice
- dangers to health and safety
- dangers to the environment
- deliberate concealment of the above
Concerns can be reported to a ‘prescribed person’ if there is a reasonable belief the information and allegation are substantially true. Examples of prescribed persons include:
- Local Member of Parliament
- The Health and Safety Executive
- The National Audit Office
- The Environment Agency
- The Commissioners for HM Revenues and Customs
- The Information Commissioner
- The Financial Reporting Council
- The Pensions Regulator
- The Food Standards Agency
The Comptroller and Auditor General (C&AG), National Audit Office (NAO) is a prescribed person under the Act, to whom external persons can make disclosures relating to the proper conduct of public business, value for money, fraud and corruption in relation to the provision of centrally-funded public services.
The contact telephone number is: 020 7798 7999 or write to:
The Comptroller and Auditor General
National Audit Office
157-197 Buckingham Palace Road
London SW1W 9SP
Under certain circumstances, employees could make a wider disclosure to other persons or bodies, however certain conditions have to apply to make such wider disclosures protected including:
- the concern must be an exceptionally serious failure
- it is reasonable to make the disclosure in the circumstances
- the disclosure must not be for personal gain
If the conditions above do apply a wider disclosure can be made to:
- the police
- your trade union
- non prescribed persons (for example: Protect)
The responsible officer
The council’s appointed Monitoring Officer has overall responsibility for the maintenance and operation of this policy. They will maintain a record of all concerns raised and their outcomes (but in a form which will not endanger confidentiality) and will report as necessary to the council.
Internal Audit’s annual report to the Audit and Standards Committee will contain anonymised details of any concerns raised under this policy. It will also provide updates on whistleblowing arrangements as necessary.
Additional information about Public Interest Disclosure Act 1998 (PIDA) can be obtained from the whistleblowing charity Protect.
Monitoring and review
The Monitoring Officer will review this policy every 3 years in conjunction with the Head of Internal Audit.
This policy was last reviewed June 2024. The next review (other than in relation to a law change) will be in June 2025.