Agenda item

To consider a report by the Head of Legal and Democratic Services (copy enclosed) on a draft revision to the Council’s Whistleblowing Policy.

A copy of a report by the Head of Legal and Democratic Services, outlining the draft revision to the Council’s Whistleblowing Policy, had been circulated previously.

The HLDS summarised the report which included the Council’s current Whistleblowing Policy, Appendix 1, the revised draft policy, Appendix 2, and a Briefing Note for managers, Appendix 3.

He explained that the Council were committed to conducting its business in an open, transparent and ethical way and that the people who work for, or with, the Council would often be the first to realise that there was something wrong within the Council.  The Whistleblowing Policy would encourage those who work for, or with, the Council to feel confident that they could raise genuine concerns about illegal, unethical or improper conduct and that they would be protected from harassment, victimisation or reprisals connected to the raising of their concerns.

The types of concerns covered by the Policy had been set out in paragraphs 2.2 and 2.3 of Appendix 2.  Under the Officers’ Code of Conduct, staff would be obliged to report illegal, improper or unethical conduct.  The Public Interest Disclosure Act 1998 provided legal protection for workers, including contractors and agency staff, who raise genuine concerns and make disclosures in good faith about malpractice.  It would be unlawful for an employer to dismiss anyone or allow them to be penalised or victimised on the basis that they had made an appropriate lawful disclosure in accordance with the Act.

The Policy set out how a concern may be raised and sought to make clear that whilst it was hoped that the culture of the organisation would make people feel comfortable about raising issues internally, and it would be important that the concern had been raised even if the matter had been taking to an external body.  The Policy also set out contacts both internal and external to the Council with whom it would be appropriate to raise a concern, and detailed what an individual who raises a concern can expect from the Council by way of a response and gives guidance as to how the issue of confidentiality would be handled.

A briefing note, Appendix 3, had been developed to provide guidance for managers on how to deal with a concern if raised.  In response to a question from the Chair the HLDS agreed that Trade Union representatives should receive the same guidance as managers.  It was explained that it would be necessary to ensure that awareness was raised amongst staff and others who work with the Council, and periodic awareness raising exercises would be required to ensure that the Policy remained visible to those who may wish to use it and to managers who may need to implement it.  Details of the process for the introduction of the Policy were summarised by the HLDS, together with, the proposed regular workforce communication strategy which would convey regular messages, up-dates and reminders to members of staff.  It was confirmed that an annual progress report would be presented to the Committee detailing the number and nature of complaints received.

In response to questions from Members, it was confirmed that the Trade Unions would be consulted and that the Whistleblowing Policy would only be present to the Local Joint Consultative Committee if any concerns or issued were raised and remained unresolved.

Mr P. Whitham referred to paragraph 5.4 of the Policy and the committee supported the requested that an explanation be included in the Policy highlighting the difficulties which might arise when pursuing a compliant if the complainant wished to remain anonymous.  The HLDS agreed to examine the processes of informing third parties of the Whistleblowing Policy when entering into arrangements with the Authority.

The HLDS responded to questions from Members and explained that the Policy stated that the raising of a concern would be more significant than who it was raised  with, and that the complainant raise it with the person they felt most comfortable with. 

RESOLVED – that:-

(a)          subject to the agreed minor amendments, the Committee receive and approve the draft revised policy, and

(b)          the draft policy be referred to the Trade Unions prior to being presented to Council for approval.