Whistleblowing Policy and Procedure

Aims and Scope

1. For those referred to in paragraph above this policy aims to:

encourage you to report suspected wrongdoing as soon as possible, in the knowledge that your concerns will be taken seriously and investigated as appropriate
provide avenues for you to raise concerns and receive feedback on any action taken
allow you to take the matter further if you are dissatisfied with the council’s response
reassure you that you will be protected from reprisals or victimisation for raising matters which in your reasonable belief, are in the public interest

2. This Whistleblowing Policy is intended to cover concerns that fall outside the scope of other procedures. You have to believe that you are acting in the public interest by coming forward. This means, in particular, that personal grievances and complaints are not usually covered by whistleblowing law.

There is a Grievance Policy and Procedure in place to enable you to lodge a grievance relating to your own employment.

In addition the information you wish to disclose must be about something you have a reasonable suspicion, or concern about that shows one or more of the following has occurred or is likely to occur:

criminal offences, for example fraud or corruption
failure to comply with an obligation set out in law
a miscarriage of justice
someone’s health and safety is in danger (including risks to the public as well as other workers)
risk or actual damage to the environment
unauthorised use of public funds
improper or other unethical conduct
breach of the council’s constitution or policies
failure to follow established standards or practice
deliberate concealment of any of the above matters (covering up wrongdoing)

3. If your concern relates to the conduct of members, and this has not been resolved under the Protocol for Councillor/ Officer Relations then a complaint under the Code of Conduct for Councillors to the Head of Law and Governance can be made.

4. Members of the public who wish to raise a concern about a council service should use the council’s Complaints Procedure or if the complaint is about a member, make a complaint under the Council’s Arrangements for Determining Complaints under the members Code of Conduct. If a concern relates to fraud or corruption in council services this should be raised as a fraud report.

Next Safeguarding

Safeguarding

In order to encourage individuals to come forward with genuine concerns regarding possible wrongdoing the council will protect the individual and treat their concerns seriously.

1. Harassment or Victimisation
The council recognises that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those responsible for the malpractice. The council will not tolerate harassment or victimisation and will take all reasonable steps to protect you when you raise a concern. Workers must not suffer any detrimental treatment as a result of raising a concern. Detrimental treatment includes dismissal, disciplinary action, threats, victimisation or unfavourable treatment connected with raising a concern. If you believe you have suffered any such treatment, you should inform one of the contacts named in 5.1 below immediately. This does not mean that if you are already the subject of disciplinary or redundancy procedures, these will be halted as a result of your “whistleblowing”. Workers must not threaten or retaliate against whistleblowers in any way. If you are involved in such conduct you may be subject to disciplinary action and in some cases the whistleblower may have a right to sue you personally for compensation in an employment tribunal.
2. Confidentiality
The council will not reveal your identity when you raise a concern. It must be appreciated that during the investigation a statement by you may be required as part of the evidence gathering process. However, you will not be identified as the originator of the allegations being investigated.
3. Anonymous Allegations
This policy encourages you to put your name to your allegation. Proper investigation may be more difficult, or impossible, if we cannot obtain further information from you. Concerns expressed anonymously are much less powerful, however, they may be considered at the discretion of the council. Exercising the discretion, the factors to be taken into account will include the: • seriousness of the issues raised • credibility of the concern; and • likelihood of confirming the allegation from attributable sources
4. Untrue Allegations
Allegations made but not confirmed by any investigation will result in no action. If it is concluded that the whistleblower has made knowingly false, malicious or vexatious allegations, the worker will be dealt with under the council’s Disciplinary Policy and Procedure.

Previous Aims and Scope Next The responsible officer

The responsible officer

The Head of Law and Governance and Monitoring Officer has overall responsibility for the maintenance and operation of this policy. They maintain a record of concerns raised (but not the names of the person raising the concern) and the outcomes and will report as necessary to the council.
The Head of Law and Governance and Monitoring Officer will do what they lawfully can to protect your identity, but you should be aware that they may be obliged to disclose it to the Police, the External Auditor or the Courts.

Previous Safeguarding Next How to raise a concern

How to raise a concern

1. As a first step, you should normally raise concerns with your immediate manager or their line manager. However, this will depend on the seriousness and sensitivity of the issues involved and who is thought to be involved in the malpractice. One of the following people should be contacted where you wish to raise a concern under the whistleblowing policy:

Title	Direct line	Email
Chief Executive	01256 845788	Russell.OKeefe@basingstoke.gov.uk
Chief Finance Officer	01256 845789	Rebecca.Emmett@basingstoke.gov.uk
Chief Finance Officer	01256 845515	Adam.Swain@basingstoke.gov.uk
Head of Law and Governance and Monitoring Officer	01256 845473	Fiona.Thomsen@basingstoke.gov.uk
Legal Services Manager	01256 845475	Ann.Greaves@basingstoke.gov.uk
Head of HR and Organisational development	01256 845632	Sarah.Cragg@basingstoke.gov.uk
Head of Audit, Fraud and Insurance	01256 845242	Paul.Gundry@basingstoke.gov.uk
Fraud Hotline	0800 525 927	fraud@basingstoke.gov.uk

2. Whilst all staff are encouraged to raise any concerns in accordance with the paragraph 1, government guidance allows you to make a disclosure to the authority’s external auditor, the details of which are in Signpost To Further Advice And Information section below.

3. Concerns are better raised in writing. You will be invited to set out the background and history of the concern, giving names, dates and places where possible, and the reason why you are particularly concerned about the situation. If you feel that you are not able to put your concern in writing, you can telephone or meet the appropriate officer.

4. The earlier you express your concern, the easier it is to take action.

5. Although you are not expected to prove the truth of an allegation, you will need to demonstrate to the person contacted that there is sufficient grounds for your concern.

Previous The responsible officer Next How the council will respond

How the council will respond

1 The action taken by the council will depend on the nature of the concern. The matters raised may be:

investigated internally (by one of the officers named in paragraph 5.1, internal auditors or through the disciplinary process)
referred to the police
referred to the external auditor
the subject of an independent inquiry

2. In all cases, the officer dealing with the matter will notify the Head of Law and Governance and Monitoring Officer that they are dealing with a whistleblowing allegation but will not reveal your identity to them.

3. In order to protect individuals and the council, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle which the council will have to bear in mind is the public interest. Concerns or allegations which fall within the scope of specific procedures (for example, child protection or discrimination issues) will normally be referred to the appropriate channel for consideration under those procedures.

4. Some concerns may be resolved by agreed action without the need for formal investigation.

5. Within ten working days of a concern being raised, the officer dealing with it will contact you:

verbally acknowledging that the concern has been received
indicating how they propose to deal with the matter

6. The amount of contact between you and the officer considering the issues will depend on the nature of the matters raised, the potential difficulties involved, and the clarity of the information provided. If necessary, the officer will seek further information from you.

7. You will be informed when an investigation has been completed and the action that is proposed to be followed. In addition, the officer will notify the Head of Law and Governance and Monitoring Officer of the outcome of an investigation.

8. It may not be possible to pursue the matter further, if the officer has been unable to obtain independent evidence of the concern raised. In this case, the officer will discuss with you any other options that may be available.

9. If you are not satisfied with the council’s response, the officer dealing with the matter will explain the reasons for the decision. Alternatively, you can approach another of the officers detailed in paragraph 5.1 for an independent review. It should be noted that an independent review will not necessarily result in a new investigation but will be a review of the way in which your concern was dealt with.

Previous How to raise a concern Next Data Protection

Data Protection

Respecting the rights of the wrongdoer
Whilst the whistleblowing legislation is primarily concerned with the rights of the whistleblower data protection legislation is also concerned with any person who is the subject of the disclosure. They will be told of the allegation and the identity of anyone who will receive personal data about them because of the investigation, unless there is a substantial risk that this will prejudice the investigation.
Whistleblower confidentiality
The council will keep the identity of the whistleblower confidential unless they wish their identity to be known.
Security
The council will apply appropriate technical and organisational measures to keep secure any personal data that has been disclosed or gathered during the investigation.
Data retention
Personal data gathered during an investigation will usually only be kept until the end of the investigation and/or subsequent legal or disciplinary proceedings. Where data is archived in order to mitigate the risk of future liability or harm to the council, the systems will be secure and the data will be kept to a minimum. Where the investigation reveals no evidence of wrongdoing, personal data will be destroyed.

Previous How the council will respond Next Signpost to further advice and information

Signpost to further advice and information

This policy is intended to provide you with an avenue to raise concerns within the council. If you feel that it is right to take the matter outside of the council, the following are possible contact points:

If you feel that it is right to take the matter outside of the council, the following are possible contact points:
UNISON (Basingstoke and Deane Borough Council section of Hampshire Local Government Branch) email: UNISON@basingstoke.gov.uk
Your solicitor
The council’s External Auditor under the Gov.uk Guidance - Whistleblowing: List of prescribed people and bodies: Ernst and Young (EY) LLP, Apex Plaza, Forbury Road, Reading, Berkshire RG1 1YE
The Police
The independent charity Protect Telephone 020 3117 2520 Website: www.protect-advice.org.uk Online web form
Your MP
ACAS Helpline number: 0300 123 1100 Monday-Friday: 8am-8pm and Saturday 9am-1pm Website: https://www.acas.org.uk/contact

2. If you do take the matter outside the council, you should ensure that you do not disclose confidential information. You should check with the Head of Law and Governance before disclosing information to make sure you do not inadvertently disclose any confidential information.

3. It will be safe to raise a concern with any of the organisations referred to in paragraph 8.1 provided that:

you reasonably believe that the information disclosed, and any allegation contained in it, are substantially true.
it is your reasonable belief that the disclosure is being made in the public interest.
you do not make the disclosure for the purposes of personal gain

It is recommended that you seek legal advice if you intend to raise concerns outside of the council to ensure that you satisfy the requirements for your protection under the Public Interest Disclosure Act 1998.

4. If you make allegations which are malicious, for personal gain or you have no reasonable grounds to believe are true, then you could face defamation proceedings or a prosecution for wasting Police time. If you decide to address your concerns to the press or the media in most cases you’ll lose your whistleblowing law rights and may also face defamation proceedings if your allegations prove to be unfounded.

Previous Data Protection Next The law

The law

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, where those disclosures are made in accordance with the Act’s provisions. The Act is incorporated into the Employment Rights Act 1996, which already protects employees who take action over, or raise concerns about, health and safety at work. This policy also takes account of the Employment Rights Act 1996 as amended by the Enterprise and Regulatory Reform Act 2013.

Previous Signpost to further advice and information Next Review

Review

This policy is to be reviewed every two years. The next review date is October 2026.

Previous The law Next Approval for this policy

Approval for this policy

This policy was approved by the Human Resources Committee in October 2024 and updated with minor changes to ensure clarity, accuracy, reflect all avenues available to raise concerns, and that appropriate information was available.

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