Whistleblowing policy (confidential reporting)
In this policy ‘Whistleblowing’ means the reporting by agency workers of suspected misconduct, illegal acts or failure to act within work.
The aim of this Policy is to encourage MAIC Agency workers and others who have serious concerns about any aspect of a work to come forward and voice those concerns.
MAIC Agency workers are often the first to realise that there may be something seriously wrong within the place of work. ‘Whistleblowing’ is viewed by MAIC Agency as a positive act that can make a valuable contribution to the agency’s efficiency and long-term success. It is not disloyal to colleagues or the agency to speak up. MAIC Agency is committed to achieving the highest possible standards of service and the highest possible ethical standards in public life and in all of its practices. To help achieve these standards it encourages freedom of speech.
If you are considering raising a concern you should read this Policy first. It explains:
2. What is the aim of the Policy and when does it apply?
2.1. Aims of the Policy
The Policy is designed to ensure that you can raise your concerns about wrongdoing or malpractice within a pace of work without fear of victimisation, subsequent discrimination, disadvantage or dismissal.
It is also intended to encourage and enable you to raise serious concerns within the the place of work rather than ignoring a problem or 'blowing the whistle' outside.
This Policy aims to:
2.2. Scope of this Policy
This Policy is intended to enable those who become aware of wrongdoing in the the place of work affecting some other person or service, to report their concerns at the earliest opportunity so that they can be properly investigated.
The Whistle Blowing Policy is not intended to replace existing procedures:
2.3. Who can raise a concern under this Policy?
The Policy applies to all:
2.4. What should be reported?
Any serious concerns that you have about service provision or the conduct of officers or members of the agency or others working for our clients make you feel uncomfortable in terms of known standards;
These might relate to:
This list is not exhaustive.
3. Protecting the Whistleblower
3.1. Your legal rights
This policy has been written to take account of the Public Interest Disclosure Act 1998 which protects workers making disclosures about certain matters of concern, when those disclosures are made in accordance with the Act’s provisions and in the public interest.
The Act makes it unlawful for the agency to dismiss anyone or allow them to be victimised on the basis that they have made an appropriate lawful disclosure in accordance with the Act.
Rarely, a case might arise where it is the employee that has participated in the action causing concern. In such a case it is in the employee’s interest to come into the open as soon as possible. The agency cannot promise not to act against such an employee, but the fact that they came forward may be taken into account.
3.2. Harassment or Victimisation
MAIC Agency is committed to good practice and high standards and to being supportive of you as an employee.
MAIC Agency recognises that the decision to report a concern can be a difficult one to make. If you honestly and reasonably believe what you are saying is true, you should have nothing to fear because you will be doing your duty to your employer, your colleagues and those for whom you are providing a service.
MAIC Agency will not tolerate any harassment or victimisation of a whistleblower (including informal pressures) and will take appropriate action to protect you when you raise a concern in good faith and will treat this as a serious disciplinary offence which will be dealt with under the disciplinary rules and procedure.
3.3. Support to you
Throughout this process:
If appropriate, MAIC Agency will consider temporarily re-deploying you for the period of the investigation.
For those who are not MAIC Agency workers, MAIC Agency will endeavour to provide appropriate advice and support wherever possible.
3.4. Confidentiality
All concerns will be treated in confidence and every effort will be made not to reveal your identity if that is your wish. If disciplinary or other proceedings follow the investigation, it may not be possible to take action as a result of your disclosure without your help, so you may be asked to come forward as a witness. If you agree to this, you will be offered advice and support.
3.5. Anonymous Allegations
This Policy encourages you to put your name to your allegation whenever possible. If you do not tell us who you are it will be much more difficult for us to protect your position or to give you feedback. This policy is not ideally suited to concerns raised anonymously.
Concerns expressed anonymously are much less powerful but they may be considered at the discretion of the agency. In exercising this discretion the factors to be taken into account would include:
3.6. Untrue Allegations
If you make an allegation in good faith and reasonably believing it to be true, but it is not confirmed by the investigation, the County Council will recognise your concern and you have nothing to fear. If however, you make an allegation frivolously, maliciously or for personal gain, appropriate action that could include disciplinary action, may be taken.
4. Raising a Concern
4.1. Who should you raise your concern with?
This will depend on the seriousness and sensitivity of the issues involved and who is suspected of the wrongdoing. You should normally raise concerns with:
4.2. How to raise a concern
You may raise your concern by telephone, in person or in writing. The earlier you express your concern, the easier it is to take action. You will need to provide the following information:
Although you are not expected to prove beyond doubt the truth of your suspicion, you will need to demonstrate to the person contacted that you have a genuine concern relating to suspected wrongdoing or malpractice within the agency and there are reasonable grounds for your concern.
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.
You may invite your trade union, professional association representative or a friend to be present for support during any meetings or interviews in connection with the concerns you have raised.
5. What MAIC Agency will do
MAIC Agency will respond to your concerns as quickly as possible. Do not forget that testing your concerns is not the same as either accepting or rejecting them.
The overriding principle for MAIC Agency will be the public interest. In order to be fair to all employees, including those who may be wrongly or mistakenly accused, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take.
The investigation may need to be carried out under terms of strict confidentiality, i.e. by not informing the subject of the complaint until (or if) it becomes necessary to do so. In certain cases however, such as allegations of ill treatment of others, suspension from work may have to be considered immediately. Protection of others is paramount in all cases.
Where appropriate, the matters raised may:
Within ten working days of a concern being raised, the person investigating your concern will write to you:
The amount of contact between you and the officers considering the issues will depend on the nature of the matters raised, the potential difficulties involved and the clarity of your information. It is likely that you will be interviewed to ensure that your disclosure is fully understood.
Any meeting can be arranged away from your workplace, if you wish, and a union or professional association representative or a friend may accompany you in support.
MAIC Agency will do what it can to minimise any difficulties that you may experience as a result of raising a concern. For instance, if you are asked to give evidence in criminal or disciplinary proceedings, MAIC Agency will arrange for you to receive appropriate advice and support.
You need to be assured that your disclosure has been properly addressed. Unless there are any legal reasons why this cannot be done, you will be kept informed of the progress and outcome of any investigation.
6. The Responsible Officer
The Safeguarding Officer has overall responsibility for the maintenance and operation of this Policy.
7. How the Matter can be Taken Further
This Policy is intended to provide you with an avenue within the agency to raise concerns. MAIC Agency hopes you will be satisfied with any action taken.
MAIC Agency Ltd, Registered Office:
85 Great Portland Street, First Floor, London, W1W 7LT
Company Number: 13912725