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Application and Scope of the Whistleblowing Policy and Procedure

This Policy applies to all employees and those contractors working for the Council. Employees include staff working for the Council on a temporary basis, casual or sessional workers and trainees. It also covers agency workers and suppliers and those providing services under a contract with the Council in their own premises. Foster carers and adoptive parents are similarly covered.

This Policy is in addition to and distinct from the Council’s Complaints Procedure that provides a facility to those not employed by the Council (e.g. service users, advocates, family members and members of public) to raise any concern.

This Policy is not intended to cover concerns that can be progressed under existing Human Resources procedures. There are existing procedures in place to enable employees to lodge a grievance relating to their own employment. Where employees’ concerns relate to their own employment, either in terms of the treatment afforded to them or their terms and conditions of employment these should normally be raised through either the Fair Treatment at Work or Grievance procedures.

Some departments of the Council have separate procedures specifically relating to departmental functions. For example, Education and Social Care have adopted multi-agency child protection procedures and procedures for the protection of vulnerable adults. All acts of whistleblowing can be raised under this Whistleblowing procedure and employees shall have the full protection of this policy. Where the matter for investigation is covered by separate procedures, however, these will be applied as appropriate.

This Policy is intended to cover serious concerns that may fall outside the scope of other procedures, and include the following:

  • a criminal offence has been committed or is likely to be committed
  • failure to comply with a legal obligation to which a person is subject (this may include breaches of statutory codes of practice)
  • conduct that is contrary to the Council’s Standing Orders or Policies (this may include conduct that falls below established standards or practice)
  • disclosures relating to possible miscarriages of justice
     
  • conduct that endangers the health and safety of other employees and/or members of the public (this would include abuse - whether physical, verbal or sexual - or ill treatment of any service user, family member, friend or advocate)
  • conduct that involves damage to the environment
  • the unauthorised use of public funds
  • information has, or may be, deliberately concealed that may demonstrate that one of the above matters has occurred
     

The above does not represent an exhaustive list of areas covered by this Procedure. Any serious concerns that employees may have about any aspect of service provision or the conduct of Officers or Members of the Council or others acting on behalf of the Council can be reported under this Procedure.