Policy Statement This policy sets out the values, principles and procedures underpinning this
care
service’s approach to whistleblowing. The care service understands
“whistleblowing”
to refer to actions taken by an employee or employees to raise concerns about:
Alleged, suspected, or observed malpractice.
Assessed, identified, or perceived risks (e.g., to the safety of people using
services).
Unethical conduct or possible illegal acts. Any of the above could harm, or create a risk of harm, to people using
services,
colleagues, or the public. The right to whistle blow is also built into the practice of “Good
Governance” as
described in Regulation 17, Whistleblowing law is in the Employment Rights Act
1996 (as amended by the Public Interest Disclosure Act 1998). It provides the
right
for a worker to take a case to an employment tribunal if they have been
victimised at
work or lost their job because they have ‘blown the whistle’. Safe: Learning culture “We have a proactive and positive culture of safety based on openness and
honesty,
in which concerns about safety are listened to, safety events are investigated
and
reported thoroughly, and lessons are learned to continually identify and embed
good
practices.” Well-led: Freedom to speak up “We foster a positive culture where people feel that they can speak up and
that their
voice will be heard.” The policy should be read and used to compliment the CHP. Lawson & Partners recognises that “whistleblowing” is distinct from a
complaint
in that “whistleblowers” raise their concerns as employees. Complaints about a
service are raised by people using the service, others acting on their behalf
or
members of the public. However, it is recognised that similar procedures should
be/
are followed to respond to complaints and whistleblowing. Principles “Whistleblowing” principles can be summarised as follows: Firms of Chartered Surveyors should be promoting open, transparent cultures,
which encourage staff to act on and report any concerns about practices that
fall
below acceptable standards. Staff members are the people most likely to observe and be in a position to
report on
bad practice. Employees, who raise genuine concerns about harmful practices, which they
come
across in their work must be taken seriously and seen to be acting correctly. They should not be regarded as “troublemakers” to be penalised in some way
by
their employing organisation. The employing organisation should listen to and thoroughly investigate every
concern raised by a staff member as they would if the matter was raised as a
complaint by a person receiving a survey or others acting on their behalf. In line with the Public Interest Disclosure Act 1998, Lawson & Partners
must
make sure that staff members who raise, in good faith, reasonable concerns
about
unacceptable practices are not victimised as a result. Lawson & Partners applies these principles in their approach to
whistleblowing
policy and the procedures it expects its staff to follow. Procedures Obligations on staff to report malpractice, unacceptable risks, and wrongdoing. Lawson & Partners recognises that concerns should initially be reported
to the
immediate supervisor unless the supervisor is involved in the wrongdoing. In
that
case, or if the employee is uncomfortable reporting to their supervisor,
concerns
should be directed to Sarah Clark or Chris McVitty. Concerns can also be submitted in writing, detailing the background and
history of
the concern giving names, dates, and places where possible. Any member of staff who witnesses or suspects abuse or acts of harm by
another
member of staff should report the matter without delay to their supervisor or
manager. The manager will accept responsibility for the actions that follow and
will
assure the “whistleblower” that they have acted correctly by reporting the
matter, will
not be victimised and their confidentiality assured unless there are
overriding, e.g.,
legal reasons for disclosing their identity. Lawson & Partners accepts that there may be occasions when the staff
member
does not feel confident or able to report in the first instance to the manager.
In these
circumstances, it is recognised that the “whistleblower” might need to take
their
concerns to a more senior manager or the registered person. Lawson & Partners also accepts the right and obligation of any staff
member,
who thinks that their concerns are not being or might not be properly responded
to or
addressed, to report their concerns to an outside authority. This could be the
police,
the local safeguarding adult’s authority. Each of these organisations can be expected to respond in line their
respective
procedures. Again, in line with its Public Disclosure Interest Act
responsibilities,
Lawson & Partners will not penalise or victimise any staff member who
responsibly reports their concerns in any of these ways. Commitment to staff Lawson & Partners assures its staff that their concerns about any possible
mistreatment of the people using the service will be listened to and
investigated. Staff members are encouraged to raise any concern directly or in writing.
They are
also entitled to make their representations accompanied by a friend or
colleague or
trade union representative as they decide and think fit. They might also wish
to
obtain witness statements. Lawson & Partners undertakes to assess and investigate any concerns
impartially, proportionately, and objectively, so that it can be fair to all
parties
concerned in seeking to clarify the facts before taking further actions. Lawson & Partners management will keep any staff members affected by an
investigation aware of the actions being taken and the outcomes, considering
the
need to respect the possible confidentiality of some of the information
relating to
other staff members and people using the services, which has developed in the
process of the investigation. Information will usually be treated with the utmost confidence. This might
not be
possible in all cases, e.g., if the alleged malpractice requires reporting to
the police,
HSE. Staff are also made aware that all instances of alleged or actual abuse must
be
notified to the local safeguarding adults’ authority and to the HSE under its
notification of serious incidents procedures. Investigating and dealing with allegations The manager to whom abuse by a staff member is reported will take the necessary
steps under its safeguarding policy. In addition, the manager will, if
possible, protect
the source of the information. If a manager fails to act promptly, suppresses evidence, or is involved in
any action
to discourage whistleblowing, they will be liable to disciplinary action. Where the whistleblower has gone directly to the HSE or local
safeguarding authority to report their concerns, Lawson & Partners will
always
co-operate fully with any resulting enquires and investigations and take all
necessary
actions from the outcomes. Dealing with interference with or victimisation of “whistleblowing” staff Any member of staff who attempts to prevent a staff member from reporting
their
concerns to a manager or who bullies, attempts to intimidate, or discriminates
against a colleague in these circumstances will be dealt with under
disciplinary
proceedings. A whistleblower who feels themselves to be subject to hostile action from
colleagues
should inform their manager, who should, if necessary, take steps to alter the
staff
member’s duties so as to protect them from the hostile action. Lawson & Partners provides staff with information on how to contact Protect
(formerly Public Concern at Work), an organisation that has been established to
protect whistleblowers from victimisation and bullying. Unjustified reporting Lawson & Partners managers take reports from whistleblowers seriously
and
investigate all allegations thoroughly. Any allegations against colleagues,
however,
which are found to be unwarranted or malicious, may render the person who made
them liable to disciplinary action. Information Lawson & Partners provides staff with the following information, which
they may
need to help raise a concern in confidence.
How to contact the HSE:
Tel. 0300 003 1747 Training All new staff receive training in this policy on whistleblowing as part of
the induction
training. All staff receive updated training as policies change. Policy Review: This policy will be reviewed every two years to ensure its effectiveness.
Suggestions for
improvement are welcomed and can be made through the same channels as other
concerns. Policy review due date: 03/05/25 Policy reviewed by: Sarah Clark
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