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Bridge Substance Misuse Programme 63c Gold Street Northampton NN1 1RA Bridge - Policy No 9 Whistleblowing Purpose of policy: To minimise any instances of abusive practice or behaviour and to promote high professional standards and practice. To ensure that all employees are aware of how to report concerns and to enable staff, volunteers, mentors and members to feel safe in using the services of Bridge Substance Misuse Programme, BSMP. Policy BSMP supports a culture that encourages a climate of openness, accountability and dialogue between all those concerned with service delivery. Such a climate contributes to an improved level of service to all. BSMP recognises that individuals may not express concerns regarding suspected or known malpractice or negligence because they feel to speak up would be disloyal, or through fear of possible harassment or victimisation. BSMP emphasises both the need and the obligation to speak out over such matters. Whistleblowing is the unauthorised disclosure of information that an individual reasonably believes evidence of the contravention of any law, rule or regulation, code of practice, or professional statement, or that involves mismanagement, corruption, abuse of authority or danger to public or worker’s health and safety’. The Public Interest Disclosure Act 1998 (incorporating January 2007 amendments) protects workers who make certain disclosures of information in the public interest from victimisation or any form of retribution or loss. This policy outlines: Aims of the Whistleblowing policy Legislative background BSMP’s commitment to openness and good communication Procedures for raising concerns in the workplace Availability of support to those raising issues of concern Aim BSMP is committed to achieving the highest possible standards of service and ethical standards. BSMP encourages all staff and users of the service to raise concerns regarding malpractice within the organisation. Expectations of Whistleblowing: In good faith Not motivated by personal gain or defamatory intent Reasonably believing that the information disclosed is substantially true and in accordance with this policy Ensuring the whistle blower is not be victimised or penalised in any way (even if their concerns subsequently prove to be unfounded) BP 009 – Whistleblowing Policy (revised Dec 2016) Page 1 of 5 Bridge Substance Misuse Programme 63c Gold Street Northampton NN1 1RA There may be potential areas of serious concern in which individuals are encouraged to voice the matter regardless as to whether it has already occurred, or indeed is likely to occur. These may include the following, as defined by the Public Interest Disclosure Act 1998: Misconduct or incompetence, including mistreatment of members Serious shortcomings in provision of services which place members at risk Financial misconduct or impropriety Criminal offences that may impact upon a person’s ability to carry out their role Failure to comply with a legal obligation Business misconduct or incompetence A Health and Safety risk which could endanger life or cause injury Damage to the environment Any issue of serious concern to BSMP, which, it is feared, may be deliberately concealed Individuals who work or volunteer within BSMP as agency workers, contract workers or trainees will also be afforded protection under the Public Disclosure Act 1998. The Whistleblowing Policy should not be confused with the Grievance Procedure, which is to be used where an individual feels personally aggrieved. Employees and volunteers who are aggrieved regarding an individual situation should use the appropriate policy. Legislative Background The Public Disclosure Act 1998 protects workers from detrimental treatment or victimisation from their employers if, in the public interest, they blow the whistle on wrongdoing. Standard 23.2 of the National Minimum Standards published by the Secretary of State for Health, under section 23(1) of the Care Standards Act 2000, requires: Robust procedures for responding to suspicion or evidence of abuse or neglect (including whistle blowing) ensure the safety and protection of service users (including passing on concerns to the National Care Standards Commission), in accordance with the Public Disclosure Act 1998 and Department of Health guidance ‘No Secrets’. Individuals who work with vulnerable adults who are required to abide by the Health and Care Professions Council Code of Conduct, or indeed any other professional body, have a personal responsibility to raise appropriate issues through this policy and co-operate with any subsequent investigations and hearings. Commitment to Openness and Good Communication BSMP is committed to high standards of openness, integrity and accountability. Open and accessible communication channels are essential for effective operations within the organisation. General concerns and suggestions about the organisation can be raised in the many ways. All individuals raising a concern under the whistle blowing policy must observe the confidentiality of information and are encouraged to work with the organisation to ensure that public confidence is maintained. BSMP recognises that an individual may wish to raise a concern in confidence. Following discussion with the individual however, BSMP may request that the concerns are confirmed by written statement to form part of an investigation. Where BSMP is unable to resolve the concern without revealing the individual’s identity, discussions would be held with the individual as to how best to proceed. BP 009 – Whistleblowing Policy (revised Dec 2016) Page 2 of 5 Bridge Substance Misuse Programme 63c Gold Street Northampton NN1 1RA In certain circumstances, BSMP reserve the right, where appropriate to pursue an investigation into a concern, despite the individual who initially raised it, wishing to withdraw their complaint. Whistleblowing Procedure - Stage 1 All concerns should, in the first instance be raised verbally or in writing with the appropriate person (line manager/supervisor or BSMP Director) who should: Recognise that this step may have been a difficult one for a person to take and will treat the matter seriously and confidentially. Clarify the issues raised and conduct an investigation to be concluded within 10 working days, unless this time limit can be shown to be impractical. Consider safeguards that need to be implemented with immediate effect, e.g. whether immediate suspension is appropriate in the circumstances. Refer the matter onto the next stage should this be an appropriate course of action. Keep a written record of all details of the investigation, including the outcome and the decisions leading to it. Provide feedback following the investigation to the individual raising the concern, explaining the outcome and reasons for it, preserving confidentiality where possible at all times. Where an individual feels unable to raise the concern with his or her manager as a result of: The issue being so serious, and/or The concern involving their immediate manager, and/or The issue needing to be raised at a higher level immediately, the concern should be raised directly to the stage 2 level. Stage 2 Where the problem persists or where an individual feels that the concern is sufficiently serious, he or she can request that the Service Director undertake the investigation. An example being: where an individual feels that whistleblowing to his or her manager could cause a potential conflict of interest and/or the issue is of such extreme urgency. This investigation should be concluded within 15 working days, unless this time limit can be shown to be impractical. The investigating officer will conduct his or her own investigation into the matter, calling upon the advice of specialist, professional and non-executive staff as appropriate and will convey the outcome of his or her investigation to the individual raising the concern upon completion. Raising Concerns with External Organisations /People Anyone wishing to raise a concern is encouraged wherever possible, in the first instance to follow the internal procedures as detailed in this policy. However, he or she may seek to pursue the matter with an authorised external body or organisation as listed below. Disclosures to such bodies or organisations are protected if the conditions of the Public Interest Disclosure Act 1998 are met. These state that the individual must believe that the information is substantially true; must not make the disclosure for personal gain; and must believe that they will be detrimentally impacted upon if they disclose internally. Employees and volunteers are advised to consult with their manager if they are considering contacting an external organisation. An individual’s concerns can therefore be determined whether or not the disclosure is protectable under the Public Disclosure Act 1998. Before making a disclosure to an outside body or organisation, an individual must also consider the following:- BP 009 – Whistleblowing Policy (revised Dec 2016) Page 3 of 5 Bridge Substance Misuse Programme 63c Gold Street Northampton NN1 1RA Whether it would be more appropriate to follow the internal procedure first. If the internal procedure has been followed, has it proved to be unsatisfactory? Whether the disclosure will be protected under the provisions of the Public Interest Disclosure Act 1998. Advice can be obtained from ‘Public Concern at Work’ regarding the circumstances in which you may safely be able to contact an outside body. Confidentiality should always be maintained. All reasonable steps should be taken to protect BSMP’s public reputation. External organisations or individuals must not be invited onto BSMP premises without the authorisation of the Service Director. Employees or volunteers who make false allegations maliciously will leave themselves open to disciplinary action. Those making allegations genuinely and who act reasonably should have no fear of arbitrary decisions by the organisation even where the investigation does not confirm your allegation. Public Concern at Work http://www.pcaw.org.uk/ provides free confidential advice to workers who have concerns about wrong doing in the workplace and can be contacted at: Whistleblowing Advice Line: 020 7404 6609 General Enquiries: 020 3117 2520 Email: UK advice line: [email protected] Media enquiries: [email protected] UK services: [email protected] Address: CAN Mezzanine 7 - 14 Great Dover Street London SE1 4YR _____________________________________________________________ Care Quality Commission http://www.cqc.org.uk/ may investigate a concern an employee may have about the care of a client under Mental Health Act provisions, they can be contacted at: Telephone: 03000 616161 Address: CQC National Customer Service Centre, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA The Health and Safety Executive http://www.hse.gov.uk/index.htm provide information/resources/advice regarding issues where lives are placed in danger or there is a serious risk of injury. They no longer provide a telephone contact service, however comprehensive information regarding a range of relevant topics can be found on the website. ______________________________________________________________ The Health Care professionals Council http://www.hcpc-uk.org.uk/ regulates standards of practice for registered health, psychological and social work professionals. Providing standardised established Codes of Practice that both professionals and their employers should meet. The HCPC will investigate allegations of misconduct. Main switchboard: 0845 300 6184 Address: Health and Care Professions Council, Park House, 184 Kennington Park Road, London, SE11 4BU BP 009 – Whistleblowing Policy (revised Dec 2016) Page 4 of 5 Bridge Substance Misuse Programme 63c Gold Street Northampton NN1 1RA Advice and Support It may be that, in certain circumstances, relationships may become strained following the conclusion of any investigation. In cases where a working relationship will continue, a mediator facilitator may assist in the reconciliation process. BSMP will appoint an independent, impartial individual agreeable to both parties. This person will not have had any previous role within the process. It is BSMP policy that the Service Director will act as the contact between BSMP and the media should this be relevant. BP 009 – Whistleblowing Policy (revised Dec 2016) Page 5 of 5
