Statement_of_Safe_Guarding_Children

on Safeguarding Children covering Legislation, different types of abuse, procedures to follow if abuse is suspected, how to support staff and service users if abuse is suspected and Whistle blowing policy. Every child deserves to be happy and secure in their activities. And their carers or parents need to feel sure that the people in charge of these activities are trustworthy, responsible and will do everything they can to keep the child safe from harm. Unfortunately, sometimes people who work with such organisations may pose a risk to children or vulnerable adults and may wish to harm them. It is therefore the duty of every organisation working in this sector to put in place safeguards to protect the children or young people with whom they work. In addition, organisations will want to consider how to avoid putting their workers in positions where abuse might be alleged, and to ensure that all workers know exactly what to do should abuse be suspected. The emphasis has widened in recent years from abuse and neglect but to actively promote the welfare of children and young people - not just to protect but to safeguard. For all organisations working with children, it is essential to carefully consider safeguarding both vulnerable people and the staff who have responsibility for them. Such organisations should have a safeguarding policy. Alongside this there should be a set of procedures to put what is intended into practice. The Police Act 1997 This act contained the provision to set up the Criminal Records Bureau for England and Wales. Under this act it is a criminal offence for an employer to • not check an employee working with children or vulnerable adults give a job to someone who is inappropriate to work with children or vulnerable adults when they know this to be case The Children Act 1989 This act provided legislation to ensure that the welfare and developmental needs of children are met, including their need to be protected from harm. The Protection of Children Act 1999 Under this act, childcare organisations (defined as those that are ‘concerned with the provision of accommodation, social services or health care services to children or the supervision of children’) must make use of the Disclosure Service in their recruitment and reporting processes and urges other organisations working with children to also do so. Criminal Justice and Court Services Act 2000 This act covers Disclosures and child protection issues. It contains the list of convictions that bar offenders from working with children in ‘regulated positions’. These types of ‘regulated positions’ are defined in this act and include: • any employment in schools, children’s homes, day care premises where children are present • caring for, training, supervising, or being in sole charge of children • unsupervised contact with children • Other positions which give the kind of access or influence which could put children at risk if held by a disqualified person (e.g. management committee members). Care Standard The Police Act 1997 This act contained the provision to set up the Criminal Records Bureau for England and Wales. Under this act it is a criminal offence for an employer to • not check an employee working with children or vulnerable adults Give a job to someone who is inappropriate to work with children or vulnerable adults when they know this to be cases Act 2000 A CRB disclosure is required for most roles in organisations providing care or health services regulated under this act. This act also sets out the Protection of Vulnerable Adults scheme. Every Child Matters and the Children Act 2004 In September 2003 the Government set out in the Green Paper ‘Every Child Matters’ its proposals for a radical reorganisation of children’s services – from hospitals and schools, to police and voluntary groups. Subsequently ‘Every Child Matters: Change for Children’ was issued and the Children Act 2004 was passed. Over the last few years, every local authority has lead on integrated delivery of services for children and young people through multi-agency children's trusts. Local authorities are also required to set up statutory Local Safeguarding Children Boards which are replacing the non-statutory Area Child Protection Committees. The children's trusts are a direct response to Lord Laming's report of the inquiry into the death of Victoria Climbié, which highlighted the extent to which better working together and better communication was crucial. Safeguarding Vulnerable Groups Act 2006 In response to recommendation 19 of the Bichard Inquiry Report into child protection procedures following the Soham murders, new arrangements for people whose jobs and voluntary work bring them into contact with children and vulnerable adults (previously referred to as the vetting and barring scheme) was phased in from autumn 2008 under the Safeguarding Vulnerable Groups Act. The aim of the scheme is to provide a more effective and streamlined vetting service for potential employees and volunteers. This means that the current vetting systems POCA will be integrated to create a single list of people barred from working with children. In addition a separate, but aligned, list of people barred from working with vulnerable adults will be established, replacing POVA. In effect, there will just be two lists: the children’s barred list and the adult’s barred list. The scheme also aims to ensure that unsuitable individuals are barred from working, or seeking to work with children and vulnerable adults and the earliest opportunity. Application process will be run by the Criminal Records Bureau and decision on who should be placed on the barred lists will lie with a new Independent Safeguarding Authority (previously referred to as the Independent Barring Board) which will be an independent statutory body. Regulated activity includes work that involves • any activity which involves close contact with children or vulnerable adults and is of a specified nature (e.g. teaching, training, care, supervision, advice, treatment or transport) • any activity allowing contact with children or vulnerable adults and is in a specified place (e.g. schools, care homes, etc.) • fostering and childcare • certain defined positions of responsibility (e.g. school governor, director of social services, trustees of certain charities) and where the activity is ‘frequent’, takes place on more than three or more days in a 30 day period (‘intensive’), and/or overnight. Controlled activity includes • support work in general health, NHS, FE settings (e.g. cleaner, caretaker, shop worker, catering staff, car park attendant, receptionist) • those working for specified organisations (e.g. a local authority) with frequent access to sensitive records about children and vulnerable adults • support work in adult social care settings (e.g. day centre cleaners, those with access to health records) and where the activity is ‘frequent’, takes place on more than three or more days in a 30 day period (‘intensive’), and/or overnight. The Act does not cover any employment which may occur in the context of private arrangements between family or friends, nor is it necessary for domestic employers (e.g. of a private tutor, nanny or care worker) to check individuals. But it will be an offence for a barred person to undertake regulated activity in a domestic circumstance. All barred individuals must not engage in any regulated activity whether paid or unpaid. It is a criminal offence for employers to employ someone in a regulated activity if they are not registered with the Independent Safeguarding Authority. They must check on potential employees before employing them – they cannot take the individual’s word for it nor can they allow the person to start work, even if supervised, before they know the outcome of the check. It will also be an offence for employers/providers to permit a barred individual to work for any length of time (no matter how infrequent) in a regulated activity. However, providing sufficient safeguards are put in place, a barred person can be allowed to work in a controlled activity. Child A child is legally defined as anyone under the age of 18. Abuse Abuse is the violation of an individual’s human rights. It can be a single act or repeated acts. It can be physical, sexual, or emotional. It also includes acts of neglect or an omission to act. In all forms of abuse there are elements of emotional abuse. Vulnerable adults may also suffer additional types of abuse such as being manipulated financially or being discriminated against. Other examples of abuse include inflicting physical harm such as hitting or misuse of medication, rape and sexual assault or exposure to sexual acts without informed consent, emotional abuse such as threats, humiliation and harassment, exploitation, ignoring medical or physical needs, withholding of necessities of life such as food or heating. Social Services Department If there is a concern about the possible abuse of a child, young person or vulnerable adult, the local authority social services department should be contacted. It is their legal responsibility to find out if abuse has taken place. It is not the role of your organisation to decide whether abuse has taken place, only to report allegations to Social Services or the Police. If your organisation investigates the suspected abuse, it could actively damage chances of the case reaching resolution. Do Allow the child to do the talking. Remain calm and caring Allow the child to finish. Record the conversation as soon as possible afterwards (it could be helpful to use the child’s own words where possible). Interpret what you have been told, just record it. In a group provision refer to the designated child protection person who in turn should refer to Children’s Social Care. A registered childcare provider/ manager should contact Ofsted and Children’s Social Services Procedures for providers following suspected child abuse when abuse is suspected outside a provision These procedures will immediately come into action if any child attending the provision is suspected of being the victim of physical, sexual or emotional abuse or persistent/severe neglect outside the provision. Worried a Child is Being Abused’. The staff member/volunteer expressing concern will discuss the situation immediately with the designated child protection person. Depending on the initial findings, some or all of the following steps should be taken: The matter should be referred tothe Local Authority without delay and every co-operation afforded toany investigation by Police and Social Services. Ofsted should be notified by the registered provision of the referral and will be informed of the outcome by Children’s Social Care. The referral to be confirmed by the person raising the concern in writing within 48 hours. If an allegation is against a staff member they may be suspended, pending further investigation, and will be kept informed of progress. This decision will be made inconsultation with all agencies concerned. The child’s parents will be informed if the designated child protection person and the managers consider this would not put the child further at risk. If they are not sure they will seek professional advice. The staff team should be supported throughout by the designated child protection person and managers. Procedures following suspected child abuse when abuse is suspected within a provision If an allegation is made against a member of staff/volunteer, which could be by a parent or colleague, the following will occur: The matter will be referred to the Local Authority and every co-operation afforded to any investigation by Police and Childrens Social Care. The referral to be confirmed by the person raising the concern in writing within 48 hours. Ofsted will be notified of the referral and will be informed of the outcome by Childrens Social The Policy Defining Protection from Abuse: It is important for staff and service users to understand the broad definition of abuse. Pebbles will seek to provide appropriate information and training on the different forms abuse can take and not assume people fully comprehend what is meant by the range of terms used. Pebbles accepts that abuse is not always physical, but that it can also involve neglect, sexual abuse, psychological or emotional pressure, financial or material abuse, discrimination, shunning and verbal abuse. Attention must also be given to identifying and challenging exploitative relationships which may lead to overt abuse. All people involved need to clearly understand what behaviour is not acceptable. Pebbles attempts to develop approaches to protection that are particular to the services offered and the communication needs of the Yps involved. This approach is based on a system of regular, individual YPs reviews, risk assessments and staff supervision. Information for Service Users For any policies and procedures to be effective in protecting service users from abuse, service users need to be fully informed about their right to be protected by the service. It is important that any information provided to service users is in a format that is easily accessible and understandable. It is important that service users understand the definition of abuse so they can recognise inappropriate conduct against themselves or others. Staff should ensure that the procedure for reporting actual or suspected abuse is explained to YPs and that this information is fully understood and regularly reinforced. YPs should have the option of raising concerns with different staff members in the organisation. Staff can also provide the names of external agencies or advocates that service users can contact directly, so that they can have an alternative if they would prefer to talk to someone independent of Staff. Service users will also be made aware what will happen once they have reported abuse. They will be told who the information will be shared with and if there are instances where external bodies, such as the Police or Social Services will need to be involved. Staff recognise that staff require to understand the nature and variety of different forms of abuse and be able to recognise the signs of abuse. It is important that they know what steps to take to protect service users and other staff and how to cope with any incidents of abuse sensitively, but with speed and priority. Staff will be provided with information through induction, supervision and training. Any methods used will be employed effectively and be relevant to staff. Managers can address any issues with the staff member at supervision and give them the opportunity to raise any concerns. They should also identify individual staff training needs. Professional Boundaries During training, staff should be made aware of, and understand, their professional boundaries. Professional boundaries are there to set limits to the worker - YPs relationship and should establish a safe, supportive connection between the professional and the person seeking support. If these boundaries are not respected then there is increased potential for abuse to occur. Members of staff are required to clearly understand what the aims and objectives of the service are and how their role fits in with this. It should be clear what the limit of their job is and what would constitute boundary crossing, e.g. meeting a YP outside working hours. Risk Assessments Risk assessments are made on all YPs and should be reviewed regularly. These Assessments should identify situations where abuse could occur and indicate what actions need to be taken to reduce the risk. If there are any individuals that are at risk of abuse this needs to be specifically addressed. To minimise the potential for abuse to occur, services need to manage the issues through a variety of approaches. Recruitment of Staff Recruitment should include procedures for checking that potential staff members are not or have not been perpetrators of abuse. This will require Pebbles to check references and to obtain Enhanced Disclosure checks on all new staff Once staff members are employed they will be given clear guidelines about their role and the boundaries of the service they offer. This will be reinforced through regular supervision and training. Lone Working Pebble’s recognises that in situations where a person works alone or has sole responsibility for an area of work there is a greater chance of abuse occurring. Therefore Policies and Procedures for handling YPs’ money, one-to-one sessions, lone working, etc., emphasise safe working practices to reduce the possibility of abuse. Accurate record keeping, incident recording, staff supervision and regular procedure checks are used as methods of monitoring these situations. The Procedure Reporting Abuse Procedures for reporting abuse are in line with the standard Complaints Procedure, which is available to all staff and YPs. These define who should be informed in different situations and what form the initial report should take, e.g. verbal account to the line manager. A ‘Whistle-Blowing’ policy is also in place to protect people who raise concerns from being victimised or unfairly treated. This includes disclosure to a non-prescribed regulatory body in certain circumstances. Any allegation or suspicion of abuse will be responded to seriously with immediate action taken. It is recognised that the principal of Protection must have primacy above other obligations or principles. If a YP or staff member is still in danger, then steps will be taken to make that person safe, including the provision of immediate medical assessment and treatment if required. Pebbles operate a 24 hours / day care service, so that staff should always have potential access to a manager or senior member of staff. Similarly, YPs also have immediate access to care staff, within the residential home. In the event of any incident of abuse or suspected abuse, the member of staff or service user should immediately report this to an appropriate person (manager, senior member of staff) who will then decide on the required level of intervention. Depending on the nature and severity of the incident this could involve immediate medical examination and / or referral to police, social services or stand-by services. At the earliest opportunity, details of the incident should be given to Referring Authority Social Service Department who will then be liable to be involved in any on-going investigation and care re-assessment. It will be the responsibility of the relevant manager (or, in their absence, the most senior member of staff) to co-ordinate any investigation of the actual or alleged abuse, and to involve any other appropriate agency, such as police, social services or medical staff, in this process. It is acknowledged that there may be occasions in which the Referring Authority may wish to take over responsibility for further investigation. In the event of a member of staff, with concerns about abuse or suspected abuse, being unable to contact a manager or senior member of staff, they are required to take immediate steps to contact an appropriate out-side agency, such as police or social services, and explain their grounds for concern. Similarly, if a member of staff is aware of any abuse or suspected abuse involving children or vulnerable adults who are not Pebbles YPs, they are required to pass on the grounds of their concerns directly to police or social services. Recording and Investigating Incidents All incidents of abuse (actual or suspected) should be recorded at the first available opportunity in writing, and should as a minimum include the details of the abuse, dates and time incidents occurred, who was involved and any corroborating evidence. Investigations of actual or suspected abuse will be undertaken directly by the Residential Managers and one other senior member of staff. Priority will be given to ensuring that investigations begin at the earliest possible time following the reporting of any abuse. The investigators will decide as soon as possible whether it is necessary to involve any external agencies, such as the police or local authority. Following reporting and during the investigation of any abuse, will give priority to the needs of the abused person, and, if necessary take steps to remove the potential Abuser. Pebbles will also consider the needs of other staff and YPs involved or affected by the incident, who may need support or counselling to deal with the whole process. Once the investigation has been completed, steps will be taken to minimise the risks of similar incidents of abuse occurring again. This may require the review of certain policies and procedures. Support Pebbles acknowledge that any abuse and / or subsequent investigation can be traumatic for all concerned. It is therefore recognised that there is a responsibility to ensure that there is adequate post-incident support and advice. This may involve outside agencies and staff, including medical staff, counsellors, advocates, family members, etc. Support will also be made available to staff who might also have been affected. Evidencing the Standards Pebbles are regularly inspected by the Ofsted who would be required to be informed of any incidents of abuse and the steps taken to investigate and deal with any situation that had arisen. The type of evidence required during investigation and any subsequent assessment would mostly come from the day to day implementation of Pebble’s policies and procedures. This may include logs of incidents and action taken, staff meeting notes, house meetings, induction plans and training records. Records which contain personal information such as supervision notes, case notes and assessments may also be required, but only when consent has been given by the person to whom they relate. Staff and service users may be interviewed during inspection visits about their understanding of the policies and procedures and how things work in practice. The Standards Board for England Whistleblowing policy and procedure The Standards Board for England is committed to maintaining the highest levels of probity and behaviour amongst its workforce, and takes very seriously any form of malpractice that is identified or uncovered. Our Code of Conduct for Employees sets out the standards expected from all our employees, providing staff with a comprehensive frame of reference. As an organisation, our values are to be fair, helpful and authoritative and we expect our employees to work in accordance with these values. 1.2) Employees who have concerns are able raise disclosures about wrongdoing under this policy, so that problems can be identified and resolved quickly. Where employees raise concerns in good faith and reasonably believe them to be true, they will be protected from possible reprisals or victimisation. If employees raise a genuine concern under this policy, they will not be at risk of losing their job or suffering any form of retribution as a result. Provided they are acting in good faith, it does not matter if they are mistaken. 1.3) However in making a disclosure the individual should take care to ensure the accuracy of the information. This assurance cannot be extended to someone who it is shown has raised untrue matters. Employees should give this careful consideration and take advice prior to making a complaint. If it can be shown that the employee who raises the disclosure has done so vexatious, mischievously, maliciously or for personal gain, disciplinary action may be taken. 1.4) This policy and procedure provides a mechanism for employees to raise serious concerns about wrongdoing and get feedback on any action taken as a result. Employees are encouraged to feel confident in raising such concerns. 1.5) The procedure also provides details of how to pursue any appeal, if an employee is not satisfied with any action taken. 2) Background The Standards Board for England is committed to maintaining the highest levels of probity and behaviour amongst its workforce, and takes very seriously any form of malpractice that is identified or uncovered. Our Code of Conduct for Employees sets out the standards expected from all our employees, providing staff with a comprehensive frame of reference. As an organisation, our values are to be fair, helpful and authoritative and we expect our employees to work in accordance with these values. 1.2) Employees who have concerns are able raise disclosures about wrongdoing under this policy, so that problems can be identified and resolved quickly. Where employees raise concerns in good faith and reasonably believe them to be true, they will be protected from possible reprisals or victimisation. If employees raise a genuine concern under this policy, they will not be at risk of losing their job or suffering any form of retribution as a result. Provided they are acting in good faith, it does not matter if they are mistaken. 1.3) However in making a disclosure the individual should take care to ensure the accuracy of the information. This assurance cannot be extended to someone who it is shown has raised untrue matters. Employees should give this careful consideration and take advice prior to making a complaint. If it can be shown that the employee who raises the disclosure has done so vexatiously, mischievously, maliciously or for personal gain, disciplinary action may be taken. 1.4) This policy and procedure provides a mechanism for employees to raise serious concerns about wrongdoing and get feedback on any action taken as a result. Employees are encouraged to feel confident in raising such concerns. 1.5) The procedure also provides details of how to pursue any appeal, if an employee is not satisfied with any action taken. 2) Background 2.1) The Public Interest Disclosure Act 1998 protects employees against detrimental treatment or dismissal as a result of any disclosure by them of normally confidential information in the interests of the public. The Standards Board for England’s whistleblowing policy and procedure, as set out, is in line with t A disclosure will qualify for protection if the concern relates to unlawful conduct, financial malpractice or dangers to the public or the environment. Specific examples could include: a criminal offence (eg fraud, corruption or theft) has been/is likely to be committed the breach of a legal obligation a miscarriage of justice the health or safety of any individual has been/is likely to be endangered damage to the environment public funds are being used in an unauthorised manner the Standards Board’s Code of Conduct has not or is not being observed or is being breached by a member of staff or the Board any other form of serious improper action or conduct is taking place information relating to any of the above is being deliberately concealed or attempts are being made to conceal the same 3) Scope and principles 3.1) All employees of the Standards Board may use this policy. This includes permanent and temporary staff. It also covers agency staff and staff seconded to the organisation. 3.2) Contractors working for the Standards Board may also use this policy in order to make the Standards Board aware of any concerns that the contractor's staff may have with regard to any contractual or other arrangement with the Standards Board. The private concerns of the contractor relating to non- Standards Board business should be raised with the relevant contractor organisation and/or other suitable agency/regulator – including the police, if appropriate. 3.3) It is not intended to be used where other more appropriate It is not intended to be used where other more appropriate procedures are available, for example the Grievance Procedure, where an individual is aggrieved about their personal position. Rather the Whistleblowing policy is primarily for concerns where the interests of others or of the organisation itself are at risk. See also section 2, 1.6 for further information. If an individual asks for their identity to be protected, it will not be disclosed without their consent. Meetings may, if necessary be arranged off-site. If, due to the nature of the disclosure, the Standards Board is not able to resolve the concern without The Standards Board for England Whistleblowing policy and procedure September 2008 5 revealing their identity (for instance because the employee’s evidence is needed in court), this will be fully discussed with the employee to agree how the matter can proceed. The Standards Board will make effort to protect employee confidentiality but this cannot be guaranteed because the content of the complaint, at the very least will need to be revealed if any action is to be taken; this may in turn identify the source. If employees do not disclose who they are, ie they th make an anonymous disclosure, the matter will be dealt with in accordance with the procedure, although it may be more difficult to look into the matter or give feedback. Accordingly while the Standards Board will consider anonymous complaints, this policy is not designed to deal with them. 3.5) If an employee raises a concern and then wishes not to proceed with the disclosure, the manager receiving the disclosure will be obliged to consider whether the matter should investigated because of the potentially serious nature of the issue. The employee will be informed of this decision. The manager will be guided by what is in public interest, recognising the Standards Board’s role as a regulator of conduct in public life. 3.6) Where an employee has been made subject to a Whistleblowing disclosure, and following an investigation there is a case to answer the matter will be dealt with through the Standards Board’s human resource policies and procedures. Where the investigation concludes that there is a case of misconduct by an employee, a formal disciplinary investigation leading to a hearing may take place in accordance with the Standards Board’s Disciplinary Procedure. 3.7) During any investigation both parties will be kept up to date with progress on the investigation. Timescales for this will be determined by the investigating manager and notified to both parties as part of the investigation process. Appropriate support will be provided to both parties as required. 3.8) Employees who are unsure about whether to use this policy and procedure or require independent advice at any stage, may contact: outside information I.e acas 3.9) If an employee takes the matter outside the Standards Board, they should ensure that no disclosure of confidential information takes place, as the Public Interest Disclosure Act The Standards Board for England Whistleblowing policy and procedure September 2008 6 does not provide blanket protection and could leave employees vulnerable to disciplinary or other action, if they disclose confidential information in circumstances not covered by the Act. If the disclosure is shown to have been malicious, the manager appointed to investigate may recommend an investigation under the Disciplinary Procedure against the complainant. While the Standards Board cannot guarantee that matters will be responded to in the way employees might wish, a commitment is made to handle the matter fairly and properly. WHISTLEBLOWING POLICY AND PROCEDURE September 2008 The Standards Board for England Whistleblowing policy and procedure September 2008 workforce, and takes very seriously any form of malpractice that is identified or uncovered. Our Code of Conduct for Employees sets out the standards expected from all our employees, providing staff with a comprehensive frame of reference. As an organisation, our values are to be fair, helpful and authoritative and we expect our employees to work in accordance with these values. 1.2) Employees who have concerns are able raise disclosures about wrongdoing under this policy, so that problems can be identified and resolved quickly. Where employees raise concerns in good faith and reasonably believe them to be true, they will be protected from possible reprisals or victimisation. If employees raise a genuine concern under this policy, they will not be at risk of losing their job or suffering any form of retribution as a result. Provided they are acting in good faith, it does not matter if they are mistaken. 1.3) However in making a disclosure the individual should take care to ensure the accuracy of the information. This assurance cannot be extended to someone who it is shown has raised untrue matters. Employees should give this careful consideration and take advice prior to making a complaint. If it can be shown that the employee who raises the disclosure has done so vexatiously, mischievously, maliciously or for personal gain, disciplinary action may be taken. 1.4) This policy and procedure provides a mechanism for employees to raise serious concerns about wrongdoing and get feedback on any action taken as a result. Employees are encouraged to feel confident in raising such concerns. 1.5) The procedure also provides details of how to pursue any appeal, if an employee is not satisfied with any action taken. 2) Background 2.1) The Public Interest Disclosure Act 1998 protects employees against detrimental treatment or dismissal as a result of any disclosure by them of normally confidential information in the interests of the public. The Standards Board for England’s whistleblowing policy and procedure, as set out, is in line with the Act. The Standards Board for England Whistleblowing policy and procedure September 2008 4 2.2) A disclosure will qualify for protection if the concern relates to unlawful conduct, financial malpractice or dangers to the public or the environment. Specific examples could include: a criminal offence (eg fraud, corruption or theft) has been/is likely to be committed the breach of a legal obligation a miscarriage of justice the health or safety of any individual has been/is likely to be endangered damage to the environment public funds are being used in an unauthorised manner the Standards Board’s Code of Conduct has not or is not being observed or is being breached by a member of staff or the Board any other form of serious improper action or conduct is taking place information relating to any of the above is being deliberately concealed or attempts are being made to conceal the same 3) Scope and principles 3.1) All employees of the Standards Board may use this policy. This includes permanent and temporary staff. It also covers agency staff and staff seconded to the organisation. 3.2) Contractors working for the Standards Board may also use this policy in order to make the Standards Board aware of any concerns that the contractor's staff may have with regard to any contractual or other arrangement with the Standards Board. The private concerns of the contractor relating to non- Standards Board business should be raised with the relevant contractor organisation and/or other suitable agency/regulator – including the police, if appropriate. 3.3) It is not intended to be used where other more appropriate procedures are available, for example the Grievance Procedure, where an individual is aggrieved about their personal position. Rather the Whistleblowing policy is primarily for concerns where the interests of others or of the organisation itself are at risk. See also section 2, 1.6 for further information. If an individual asks for their identity to be protected, it will not be disclosed without their consent. Meetings may, if necessary be arranged off-site. If, due to the nature of the disclosure, the Standards Board is not able to resolve the concern without The Standards Board for England Whistleblowing policy and procedure September 2008 5 revealing their identity (for instance because the employee’s evidence is needed in court), this will be fully discussed with the employee to agree how the matter can proceed. The Standards Board will make effort to protect employee confidentiality but this cannot be guaranteed because the content of the complaint, at the very least will need to be revealed if any action is to be taken; this may in turn identify the source. If employees do not disclose who they are, ie they make an anonymous disclosure, the matter will be dealt with in accordance with the procedure, although it may be more difficult to look into the matter or give feedback. Accordingly while the Standards Board will consider anonymous complaints, this policy is not designed to deal with them. 3.5) If an employee raises a concern and then wishes not to proceed with the disclosure, the manager receiving the disclosure will be obliged to consider whether the matter should investigated because of the potentially serious nature of the issue. The employee will be informed of this decision. The manager will be guided by what is in public interest, recognising the Standards Board’s role as a regulator of conduct in public life. 3.6) Where an employee has been made subject to a Whistleblowing disclosure, and following an investigation there is a case to answer the matter will be dealt with through the Standards Board’s human resource policies and procedures. Where the investigation concludes that there is a case of misconduct by an employee, a formal disciplinary investigation leading to a hearing may take place in accordance with the Standards Board’s Disciplinary Procedure. 3.7) During any investigation both parties will be kept up to date with progress on the investigation. Timescales for this will be determined by the investigating manager and notified to both parties as part of the investigation process. Appropriate support will be provided to both parties as required. 3.8) Employees who are unsure about whether to use this policy and procedure or require independent advice at any stage, may contact: their trade union the independent charity Public Concern at Work on 020 7404 6609. Its lawyers can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work 3.9) If an employee takes the matter outside the Standards Board, they should ensure that no disclosure of confidential information takes place, as the Public Interest Disclosure Act The Standards Board for England Whistleblowing policy and procedure September 2008 6 does not provide blanket protection and could leave employees vulnerable to disciplinary or other action, if they disclose confidential information in circumstances not covered by the Act. If the disclosure is shown to have been malicious, the manager appointed to investigate may recommend an investigation under the Disciplinary Procedure against the complainant. While the Standards Board cannot guarantee that matters will be responded to in the way employees might wish, a commitment is made to handle the matter fairly and properly. The Standards Board for England Whistleblowing policy and procedure September 2008 7 Section 2 – Procedure 1) Making a disclosure – initial action 1.1) As soon as an employee becomes reasonably concerned about a matter, they should first raise the issue with their line manager (the “receiving manager”), unless the disclosure concerns them, in which case the employee should write to the Chief Executive or the HR Manager. 1.2) Disclosures involving the Chief Executive should be raised with the Chair of the Board. In this case, the Chair of the Board may appoint an independent external investigator to consider the case and if there are grounds for proceeding. Disclosures concerning a member of the senior management team (SMT) should be raised with the Chief Executive. This can be done via the employee’s line manager. If the concern is regarding the HR Manager then the matter should be raised with the employee’s line manager or a member of SMT. 1.3) All managers have a responsibility to act on the concerns raised, in accordance with this procedure. Failure to do so in accordance with the policy and procedure may lead to disciplinary action. 1.4) Concerns may be raised verbally or in writing and should give the background, the nature of the malpractice that is alleged; relevant dates where possible; the reasons for the concern and the names of individuals against whom the allegations are made. 1.5) If the concern is raised verbally, then the person receiving the information should put in writing, an outline of the matters raised and this should be confirmed in writing to the employee. This should be done within ten working days. 1.6) Once a concern is raised the receiving manager, should report the matter to the Head of Legal who will appoint an appropriate manager to investigate (the “investigating manager”). This could be receiving manager. The Head of Legal will determine whether the matter constitutes a disclosure or whether it should be dealt with under another procedure (the employee will be informed of this). If the matter is dealt with under the Whistleblowing policy then the employee will then be informed of the name of the investigating manager and how they can be contacted. If the matter relates to the Head of Legal, the Chief Executive will appoint the investigating manager. Due to the nature of the disclosure the Head of Legal may appoint an independent external investigator to look into the matter. If the matter The Standards Board for England Whistleblowing policy and procedure September 2008 8 relates to the Head of Legal then decisions for proceeding will be made by the Chief Executive. 1.7) The receiving manager will then inform the employee in writing of the process to be followed. 1.8) The receiving manager will also inform any employee against whom allegations are made of the allegations. This will normally be done in writing within ten working days. However this may be delayed if it is likely to jeopardise the investigation. 2) Handling a disclosure 2.1) The investigating manager will be responsible for deciding whether there are grounds for proceeding further with the case. Potential action that the investigating manager could take includes a clarification of the facts, a more formal investigation or the employee may be advised that the matter is better dealt with under another Standards Board policy. 2.2) Where appropriate, the matters raised may: be investigated by the investigating manager or internal auditors be referred to the police be referred to the external auditor form the subject of an independent inquiry by an outside body This will be determined by the investigating manager in conjunction with the Head of Legal and the HR Manager. 2.3) Within four weeks of a concern being raised, the investigating manager will write to both parties: indicating how the Standards Board proposes to deal with the matter, and where an internal investigation is to take place giving an estimate of how long it will take to provide a full response supplying information on the Standards Board’s employee assistance (counselling service) support indicating whether further investigations will take place and if not, why not 2.4) Appendix 1 provides details of the role of the investigating manager. The investigating manager will be able to access external legal support and advice regarding the matters under investigation. 2.5) Any internal investigation should take no longer than three months to complete from the date of receipt of original The Standards Board for England Whistleblowing policy and procedure September 2008 9 disclosure. As part of the investigation, the investigation manager will decide: whether disciplinary action be taken against any employee whether changes should be recommended to any Standards Board procedure whether any other action should be recommended These will be detailed in a final report 2.6) The investigating manager will send a copy of the final report, including recommendations, to the Head of Legal who will consider the recommendations and determine what action, if any, to take. The investigating manager will also give a response in writing to the employee who made the disclosure as soon as possible after the completion of the investigation. This response will include the outcome of the investigation and what action, if any, is to be taken, although precise details may not be given where there are legal constraints, or it would infringe a duty of confidence owed by us to someone else or where there are business reasons for not doing so. 2.7) The individual who is subject to the disclosure will also be informed of the outcome in writing and what action, if any, is to be taken as soon as possible after the completion of the investigation. 3) Appeal 3.1) An employee who raises a concern and is not satisfied with the outcome or action proposed may appeal against the decision to a more senior manager within the Standards Board. An appeal should be made to the HR Manager within five days’ of receipt of the outcome letter. 3.2) The Chief Executive, in consultation with the HR Manager will determine who should hear the appeal. The appeal should be completed within one month. 3.3) After the appeal process is exhausted, there is no further right of internal appeal. However, if the employee remains dissatisfied they may raise the matter further by contacting an outside agency, for example: the National Audit Office Communities and Local Government 3.4) An employee who is subject to action arising from a whistleblowing disclosure will be able to make representations, within five working days, to the Chief Executive about the outcome of the report. The Chief Executive will consider these representations and may direct further investigation or review as appropriate. The Standards Board for England Whistleblowing policy and procedure September 2008 10 4) Timescales Action Timescale By Who Written acknowledgement of disclosure made in writing or if received verbally, including an outline of process to be followed. Within 10 working days. Person who receives the disclosure – the receiving manager. Confirmation of whether the matter is to be investigated, and if so, how it will be investigated. Letters sent to employee and person complained of. Within four weeks of receipt of disclosure. Person appointed to investigate – the investigating manager. Written confirmation of outcome of investigation and action to be taken. Report sent to Head of Legal. Head of Legal considers recommendations and determines what action to take. Letters sent to employee and person complained of. Within three months of receipt of disclosure. Person appointed to investigate – the Investigating manager. Appeal against outcome of investigation. Within five working days from receipt of outcome. Employee who makes the disclosure. Appeal carried out. Within one month of appeal. Manager appointed to hear the appeal. Appeal to Chief Executive. Within five working days from receipt of outcome. Employee subject to the disclosure. 4.1) While the investigating officer will need to adhere to the timescales indicated, the nature of some serious concerns may require the investigation to take longer than three months. In these circumstances all parties will be kept informed as to progress. 5) Recording and monitoring 5.1) The HR section will maintain a register containing all concerns that are bought to the organisation’s attention. These will be reported on a quarterly basis to the Board. 5.2) All records will be treated as confidential and kept no longer than necessary in accordance with the Data Protection Act 1998. Individuals will have the right to request and have access to certain personal data. Employees will be given copies of meeting records, although some information may be withheld to protect a third party. The Standards Board for England Whistleblowing policy and procedure September 2008