Whistleblowing

Whistleblowing is intended to cover concerns that fall outside of issues dealt with under the Complaints procedure.

The Whistle blowing law is part of the Public Interest Disclosure Act 1998 and it is a requirement that public bodies have a policy in place. In addition Standard 19.6 of the 2011 National Minimum Standards requires fostering services to have a Whistleblowing policy that is made known to all staff and foster carers.

At Herefordshire County Council we want to make sure that we are providing excellent services to the residents of Herefordshire. Our staff, Councillors, partners and contractors have an important role to play in achieving this goal and we expect everyone to be committed to our high level of service, which are based on principles of honesty, openness and accountability. Experience shows that the staff or others who work on behalf of an organisation often have worries or suspicions and could, by reporting their concerns at an early stage, help put things right and prevent a potential wrong doing.

Whistleblowing is the formal raising of concerns that are in the public interest. A Whistleblower is a general term used for a person who works for an organisation and raises an honest concern about a danger or illegality that has a public interest aspect to it, usually because it threatens others (service users, colleagues, public).

Examples of concerns that may be in the public interest (this list is not exhaustive):

• Criminal offences (Fraud, Corruption, Bribery etc.);
• Failure to comply with legal obligations;
• Actions which endanger the health or safety of any individual;
• Actions which may cause damage to the environment;
• Actions which are intended to conceal any of the above.

Individual foster carers have a right and a duty to raise with the Council any apparent instance and we want you to feel that it is safe and acceptable to tell us about any concerns you may have.

All staff have a duty to ensure that foster carers are easily able to express their concerns through all levels of management. Managers must ensure that any foster carer's concerns are dealt with promptly, thoroughly and fairly.

In the first instance you should raise any matter of concern with your Fostering Social Worker or the Fostering Team Manager and be clear that the matter is being raised under the whistle blowing policy. If you do not feel comfortable raising concerns with your Fostering Social Worker or their manager, you could speak to another manager, or you can directly, contact the Council's confidential freephone whistleblowing number on 0800 0853716.

This may be done verbally or in writing and we do ask that you explain as fully as you can the information or circumstances that gave rise to your concern, including background and history giving names, dates and places where possible. If you have any personal interest in the matter, we do ask that you tell us at this stage. If you do not feel able to do this, the member of staff you speak to will make a written record of their conversation. Concerns should be expressed as soon as possible.

If you feel unable to raise the matter with any of the above (for whatever reason) please raise the concern with the Monitoring Officer (whistleblowing@herefordshire.gov.uk). The Monitoring Officer (Director of Governance & Legal Services) is the officer with overall responsibility for this policy, and they will arrange for you to be contacted and for the matter to be dealt with independently of your own service area. The Monitoring Officer has a legal duty under S5 Local Government & Housing Act 1989 to report to the Council any instances of non-compliance with the law or maladministration. The Investigation's team who report to the Head of Corporate Audit and Risk management operate this dedicated line during usual working hours. If you call outside of these hours, you can leave a message on the answer phone. Alternatively, concerns can be put in writing. Please include details of the concern, giving names, dates and places. Although we do not expect you to prove the truth of an allegation, you will need to show that there are sufficient grounds for concern.

If these channels have been followed and you still have concerns, or you feel that the matter is so serious that you cannot discuss it with any of the above, you can properly report a concern to an outside body. In fact, we would rather you raised a matter with the appropriate regulator - such as the Care Quality Commission, Ofsted, your professional regulator - than not at all. There is a list of bodies to whom you can make a referral if you wish to do so: Protect (details above) will be able to advise you on such an option if you wish.

If you are unsure whether to use this policy or you want confidential advice at any stage, you may contact the independent whistleblowing charity Protect on 020 3117 2520 or by email to whistle@protect-advice.org.uk.

We welcome all genuine concerns and will treat the issues you raise seriously. The decision to report a concern can be a difficult one to make, not least because of the fear of reprisal.

We will not tolerate any harassment, bullying or victimisation of someone who has ‘whistle blown’ and we will take action to support and protect you when you raise a matter of concern in good faith. We will respect your confidentiality as far as we possibly can but there will be times when we are unable to guarantee this for example if there are child protection issues and if the matter proceeds to a formal investigation. It is important to note that any malicious recording by foster carers may result in a review of their suitability to foster.

The concern could be about something that:

• Is unlawful or illegal; or
• Is a miscarriage of justice; or
• Against the organisation's policies
• Falls below established standards or practice; or
• Amounts to improper conduct; or
• Endangers the health and safety of any person; or
• Attempts to conceal any of the above.

The issue will be looked into and either an internal enquiry of formal investigation will take place.

You will be advised what will happen next, the likely timescale and arrangements made for contacting you and keeping you informed.

You will be informed of the outcome (there may be restrictions on this in order to maintain confidentiality for other people).

If you are not happy with the outcome, you can raise this with the relevant manager or person who deals with the complaint.

If you feel that your concern has not been satisfactorily addressed and that there are no further avenues for pursuing the matter within the Fostering Service, then you can make a disclosure to an external body, including:

Children's Commissioner for England

Contact them about matters relating to the rights, welfare and interests of children in England.

The Office of the Children's Commissioner
Sanctuary Buildings
20 Great Smith Street
London
SW1P 3BT

Tel: 020 7783 8330
E-mail: info.request@childrenscommissioner.gov.uk
Website: www.childrenscommissioner.gov.uk

Ofsted

Contact them about matters relating to regulation and inspection of children's social care.

Ofsted
Piccadilly Gate
Store Street
Manchester
M1 2WD

Tel: 0300 123 3155
E-mail: whistleblowing@ofsted.gov.uk

The National Society for the Prevention of Cruelty to Children (NSPCC)

Contact them about matters relating to child welfare and protection.

NSPCC
Weston House
42 Curtain Road
London
EC2A 3NH

Tel: 0800 028 0285

This phoneline is staffed 365 days a year:

• Mon-Fri (incl. bank holidays) 8am to 10pm;
• Weekends 9am to 6pm.

E-mail: help@nspcc.org.uk
Website: www.nspcc.org.uk/keeping-children-safe/reporting-abuse/dedicated-helplines/whistleblowing-advice-line/

The Health and Safety Executive

Contact them about the health and safety of individuals at work, or the health and safety of the public arising out of or in connection with the activities of persons at work.

Tel: 0300 003 1647
Online form: www.hse.gov.uk

Social Work England

Contact them about matters relating to the registration and fitness to practise of a social worker.

1 North Bank
Blonk Street
Sheffield,
S3 8JY

Tel: +44 (0)808 196 2274
E-mail: enquiries@socialworkengland.org.uk 
Website: socialworkengland.org.uk

Health and Care Professions Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the Health and Care Professions Council, or any other activities in relation to which the Council has functions.

Health and Care Professions Council
Park House
184-186 Kennington Park Road
London
SE11 8BU

Tel: 0845 300 6184
Website: www.hcpc-uk.org

If you raise concerns which are found to be malicious, a review of your approval may happen.

Concerns which come under another procedure e.g. Child Protection will normally be referred and dealt with under the West Midlands Regional Safeguarding Procedures. Where you consider that a child protection matter has arisen within the Fostering Service  and has not been dealt with appropriately, you can make a disclosure under this Whistleblowing procedure, or make a report to the relevant local authority or to Ofsted (contact details as above).

Protect - Speak up, stop harm - Free, confidential whistleblowing advice

NSPCC Whistleblowing Advice Line - Support for professionals who are worried about how child protection issues are being handled in their workplace.

Whistleblowing for Employees (GOV.UK)

Speak Up - Support for NHS and Social Care Employees and Managers

Raising Concerns with Ofsted about children's social care services: Policy and guidance for whistleblowers (GOV.UK)

Advisory, Conciliation and Arbitration Service (ACAS)

Public Interest Disclosure Act 1998