Whistleblowing policy and procedure

1. Policy statement

1.1. The London Borough of Bromley is committed to ensuring the highest standards of conduct and ethical behaviour throughout all of its operations and has high expectations of propriety, integrity and accountability from its staff and stakeholders. Our REAL Values set out the core standards that are integral for us as an organisation to achieving the ambitions set out in ‘Making Bromley Even Better’.

1.2. The council actively encourages open and honest communications, as a culture where employees, partners and other stakeholders can confidently raise concerns is one of the best means to ensure these standards and values are consistently maintained.

1.3. Therefore, the council is keen to ensure that all persons working for the council or on our behalf are able to speak up and raise issues which are of concern at work.

1.4. The overarching aims of this policy are to:

• Encourage employees to feel confident in raising genuine concerns
• Provide avenues for individuals to raise concerns and receive feedback
• Protect individuals from reprisals for disclosures.

2. Definitions

2.1. Whistleblowing can be defined as “the raising of a concern, either within the workplace or externally, about a danger, risk, malpractice or wrong-doing which affects others”. (Whistleblowing Commission’s Code of Practice)

2.2. The Public Interest Disclosure Act 1998 provides protections for employees who make such disclosures.

3. Scope

3.1. This policy applies to all employees, volunteers and workers, including temporary and agency staff.

3.2. We also encourage suppliers and contractors to raise concerns using the routes available in this policy and procedure.

3.3. This policy can be used for concerns about others or the organisation such as:

• Conduct which is, has been or is likely to be, an offence or breach of the law or a legal obligation. This covers a number of the council’s specific statutory activities as well as overarching legislation. For example, safeguarding failures, discrimination against others that you have witnessed or data protection breaches which have not been reported in line with council policies
• The unauthorised use of public funds, for example assets or funds used for personal gain
• Possible fraud or corruption (please see the Counter Fraud and Corruption Strategy and Anti-Bribery policy for examples), including fraud committed for the benefit of the council
• Abuse of clients including sexual, physical, verbal or financial
• Environmental damage, for example illegal waste disposal or dumping of toxic chemicals
• Disclosures related to past, current or likely miscarriages of justice. For example, if someone has knowingly provided false information to support enforcement or other action
• Health and safety risks to the public or other employees. We encourage you to raise these with the Health and Safety Team (central.safety@bromley.gov.uk) or the Head of Health and Safety but if you feel unable to do so, or have done so and still have concerns, please use the routes in this policy
• Deliberate concealment of wrongdoing related to these issues, for example if you believe that someone is covering up fraud or breaches of statutory obligations
• Any other concerns regarding the conduct of officers or Members or others acting on behalf of the council, for example breaches of the codes of conduct, Financial Regulations or Contract Procedure Rules.

3.3. The Whistleblowing Policy does not replace the council’s complaints procedures and other statutory reporting procedures applying to some departments.

3.4. As outlined in the definition at 2.2, the Whistleblowing Policy is for concerns which affect others (ie, which are in the public interest) and therefore this policy does not cover grievances which are solely personal. If you wish to raise concerns regarding your own employment, please use the grievance procedure or seek advice from Human Resources regarding the best way to raise these concerns. If you are uncertain whether your concerns constitute a grievance or whistleblowing, you can seek confidential advice from HR, your manager, your trade union or departmental representative. If you submit a grievance which contains whistleblowing allegation(s), the latter will be investigated as such - the investigations can normally run concurrently with the same independent investigator. 

4. Roles and responsibilities

5. Safeguards and Support

5.1. Employees are often the first to realise that there may be something wrong within the council and therefore it is important that employees raise concerns so that issues can be dealt with as soon as possible, and to prevent any further possible damage or losses.

5.2. The council recognises however that individuals may be worried about raising such a concern, perhaps through a sense of disloyalty to colleagues, uncertainty about the issue or because they fear victimisation or reprisals.

5.3. The council is committed to running the organisation in the best way possible and to do so we need your help.  We have introduced this policy to reassure you that it is safe and acceptable to speak up and to enable you to raise any concern you may have about malpractice at an early stage and in the right way. Rather than wait for proof, we would prefer you to raise the matter when it is still a concern. 

5.4. Employees making a disclosure when they have a genuine belief of possible wrongdoing  will not suffer any disadvantage as a result of raising a concern. Regardless of whether or not the allegations are later found to be true, you will not be penalised or disciplined for raising them in the first instance. The council will not tolerate the detrimental treatment, harassment or victimisation of anyone raising a genuine concern. This includes attempts to deter individuals from raising concerns. Any such instances will be dealt with through the Disciplinary Policy.

5.5. These guarantees apply regardless of the outcome of the investigation, including where the concern is unfounded.

Suppliers and Contractors

5.6 We encourage all individuals working on our behalf to raise concerns that they may have using the routes available in this policy. For those not directly employed by the council (eg suppliers or contractors), we will do all we can to protect you from any reprisals and will discuss specific support available on a case by case basis.

Public Interest Disclosure Act (PIDA)

5.7. In addition to the commitments that the council provides in this policy, the PIDA gives employees and workers (including permanent and agency staff, trainees and apprentices) a legal right not to suffer any detriment if they disclose information which they reasonably believe is likely to show that their employer has committed specific types of wrong-doing (a criminal offence, breach of a legal obligation, health and safety dangers, miscarriage of justice, environmental damage or deliberate concealment of wrongdoing related to these). Further guidance on the PIDA is available on Transform or on the government website - www.gov.uk/whistleblowing.

If you are unsure about raising a concern you can get independent advice from Protect, an independent charity on 020 3117 2520 or by completing the online form at the Protect website. Their advisers can talk you through your options and help you raise a concern about malpractice at work. You can also seek advice from your Trade Union or professional body.

6. Confidentiality

6.1.You can choose to raise your concern in confidence and we will do our utmost not to reveal your identity without first seeking your consent. However, in certain circumstances, particularly in matters of criminal or civil law, it may not be possible to maintain your anonymity, for example if your witness statement or personal evidence is required to progress the case. In such instances, we will discuss this with you before disclosing your identity, including arrangements that can be put in place to support you.

7. Anonymous concerns

7.1. We encourage everyone to raise concerns openly as this will enable us to most effectively assess and investigate the issue.  However, there will be occasions when individuals feel unable to provide their name. Therefore, we will consider all anonymous disclosures on their merits and these are always preferable to remaining silent.

7.2. However, before you choose to raise an anonymous concern, you should consider the following:

• It may be more difficult for the council to investigate the concern or take any action as, for example, it may not be possible to confirm the allegation from other sources or ask you for follow up information
• You are unlikely to receive feedback on your concern
• You may not be afforded all protections under this policy and the law as there will be no evidence that it was you who raised the concern.

8. False allegations

8.1. Individuals raising concerns when they have a reasonable belief of possible wrongdoing will be supported and protected under this policy, even where they are unable to provide evidence or where further investigation demonstrates the concern to be unfounded. 

8.2. However, individuals who knowingly make false or malicious allegations may be subject to disciplinary procedures.

9. Reporting

9.1. The Head of Audit and Assurance will report annually to Audit and Risk Management Committee, in an anonymised format, on the numbers of referrals and their outcomes, including any lessons learnt.

10. Review

10.1. This policy will be reviewed every two years at a minimum, or sooner in line with significant developments.

11. Contact

If you have any queries on this policy or would like further advice, please contact:

Francesca Chivers, Head of Audit and Assurance
Email: Francesca.chivers@bromley.gov.uk
Telephone: 0208 313 4308

Tanvir Choudhury, Audit and Assurance Manager
Email: Tanvir.choudhury@bromley.gov.uk
Telephone: 0208 313 4582

Linda Pilkington, Principal Auditor
Email: Linda.pilkington@bromley.gov.uk
Telephone: 0208 313 4284

12. Further Advice, Training and Support

Training is available to all staff on the council’s e-learning platform.

If you would like external advice or support, you may find the following resources useful:

• Protect, 020 3117 2520, Protect - Speak up stop harm - Whistleblowing Homepage
• ACAS, 0300 123 1100 The law - Whistleblowing at work - Acas
• Whistleblowing for employees: What is a whistleblower - GOV.UK