Policy ownership

Policy owner: Head of People

Last reviewed and updated: March 2022

Next review due: March 2023

SeeAbility reserves the right to amend this Policy and Procedure from time to time for in the light of practical experience and developing practice including changes in legislation and employee relations requirements. Any such changes will be communicated to staff.

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Introduction

SeeAbility encourages a free and open culture for reporting any concerns about its work and service provision. This enables the Charity to investigate and address any issues and to work to continuously improve what it does. SeeAbility recognises that it must have in place effective and honest communication and management systems to facilitate this.

The purpose of the whistleblowing policy and associated guidance is to ensure that all staff are aware of their right to come forward with any concerns they may have with a clear understanding of the guidance that is available and the processes in place to support and protect them from any improper consequences of their actions. 

The Policy applies to all those who work for SeeAbility whether full or part-time, self employed, employed through an agency or a volunteer.

This policy should be read in conjunction with:

• Grievance Policy (5.02 – Staff Manual) and Respect and Dignity in the Workplace Policy (5.06 – Staff Manual) which provide processes through which a staff member may raise a concern about their individual employment situation or how they have been treated.
• SeeAbility Safeguarding Adults at Risk Policy (3.8 – Operational Manual) which outlines our duty to report any safeguarding concerns relating to adults at risk and provides a process through which these should be raised internally and with the Local Authority in which the alleged abuse takes place.
• SeeAbility Complaints Policy & Procedure (3.11 – Operational Manual) which provides a process through which people who use SeeAbility’s services, their relatives or representatives may raise a concern or make a complaint about the report they receive. 

2. What is whistleblowing?

Whistleblowing in the workplace can be defined as bringing to the attention of someone in authority, an act, incident or procedure that is not right; or a concern or suspicion that something is unethical. This includes such issues as malpractice, dangerous activity, abuse, fraud or corruption. 

2.1 Key points

Inevitably, from time to time there may be areas of practice that raise concerns which need to be acknowledged and addressed. This is especially important given the majority of activity that is in areas that may require subjective judgment on how care, support and services should be provided. There may also be times when someone becomes aware of practices, actions or inactions which occur at work and which they believe could have serious consequences for the people we support, an employee or SeeAbility as a whole.

2.2 Qualifying Disclosures – What this means

The law provides protection for workers who raise legitimate concerns about specified matters.  These are called ‘qualifying disclosures’.  A qualifying disclosure is one made in the public interest by a worker who has a reasonable belief that:

• a criminal offence;
• a miscarriage of justice;
• an act causing damage to the environment;
• an act creating a risk to health and safety;
• a breach of any other legal obligation; or
  concealment of any of the above;

is being, has been, or is likely to be, committed – a reasonable belief is sufficient. It is SeeAbility’s responsibility to ensure that an investigation takes place.

Examples of malpractice that we would expect employees to report (this is not an exhaustive list)

• intentional or wilful harm or physical, psychological or financial abuse of a person we support
• theft, fraud, deliberate falsification of records
• assault on another person or threat of violence or offensive behaviour
• serious acts which cause unacceptable loss damage or injury
• serious acts of insubordination
• unauthorised use of property not belonging to you
• deliberate damage to property belonging to SeeAbility or of those we support 
• wilful disobedience of a reasonable instruction
• serious breach of confidentiality or trust
• deliberate disregard of a safety regulation or requirement
• unethical or fraudulent fundraising practices or practices that may be in breach of the Code of Fundraising Practice
• sleeping on duty unless this is permitted
• behaviour that seriously damages the employer’s trust and confidence in the employee
• acts of negligence
• consumption of alcohol or drugs whilst at work 
• any other substantive reason

3. How to report a concern

3.1 Reporting directly to SeeAbility:

If you have any concerns you must report them as early as possible so as to reduce the risk of any problem becoming more serious. 

In most situations an employee should be able to raise concerns with their immediate manager so that appropriate action may be taken. However, where the employee does not feel able to do this, or they believe their manager has not yet acted upon the concern raised they can make contact with a more senior manager. 

If the employee wishes to report the concern to another level of management and/or to have a confidential meeting they may contact the nominated Lead for Whistleblowing:

Lisa Hopkins,
Chief Executive SeeAbility Central Office
Wesley House
Bull Hill
Leatherhead
KT22 7AH
Tel: 01372 755036
Mobile:  07720 070523
Email: l.hopkins@seeability.org

3.2 In exceptional circumstances 

The SeeAbility policies and guidance are aimed to resolve issues as close to the place of work where an incident may have occurred using the appropriate policy and procedure. We also aim to resolve matters quickly and without the initial involvement of an outside agency.  However, there may be exceptional circumstances when it will be necessary and our duty to involve someone from outside SeeAbility. For example

• when a concern involves a very senior member of staff. In this case, the matter can be reported to the Chair of the Board
• when a criminal offence has been committed. These can be reported to the Police 
• cases relating to abuse of a vulnerable adult. These are referred to the relevant local authority, safeguarding and the Care Quality Commission (CQC)

3.3 What protection will employees be given?

Under the Public Information Disclosure Act, the law says that a person who whistleblows is protected from the risk of losing their position or suffering any form of retribution as a result, provided that:

• It is made in good faith even though later turns out to be unjustified.
• The person reasonably believes that information, and any allegations contained in it, are substantially true. 
• The person is not acting for personal gain. 
• Making the disclosure does not involve the worker committing a criminal offence. 

The employee has no responsibility for investigating the matter raised, it is SeeAbility’s responsibility to ensure than an investigation takes place by the appropriate person/s.

Raising a concern will nearly always lead to feelings of vulnerability. The member of staff or volunteer and anyone, who is the subject of the concern, will be treated fairly and with respect. SeeAbility will be sensitive to potential tensions within the workplace and will offer support to staff and volunteers involved in any investigation process.

If a genuine concern is raised under the policy, staff should be reassured that they will not be at risk of losing their job or suffering any detriment such as reprisal or victimisation.  

If a member of staff or volunteer is prevented from making a confidential report or instructed to cover it up and are victimised as a consequence, this will be treated as a serious disciplinary offence.

Similarly, where allegations are made that are malicious this will also be treated very seriously and may lead to disciplinary action being considered against the individual concerned.

3.4 Will the report remain confidential?

SeeAbility will treat any member of staff or volunteer and the concerns confidentially, wherever this is possible, and support will be given throughout the process. However, an initial investigation of the concern may find that other statutory or organisational procedures need to be invoked and it may not be possible to conceal the source of the information. Indeed in some situations, such as disciplinary procedures or referral to the Police, the member of staff may be required to make a formal statement.  

3.5 Can a concern be raised anonymously?

The best way for anyone to raise a concern is to do so openly and members of staff are therefore discouraged from making a disclosure anonymously. Being open and honest will make it easier for SeeAbility to assess the issue being raised, work out how to investigate the matter, understand any motive and obtain more information. Anonymous reporting also means that SeeAbility is unable to reassure and protect the individual raising the concern or provide feedback on the outcome. If however you feel unable to report your concern to SeeAbility directly, it is possible to do so anonymously through an external whistleblowing service provided by an independent company: Safecall. 

Safecall provide an independent, external reporting line where you can raise your concerns about SeeAbility and be assured they will be fully addressed. Each call is treated in complete confidence by trained Safecall staff who will summarise the content of the call and send it to the Chief Executive, Operations Director and the Head of Quality & Compliance to arrange investigation and action as appropriate. Safecall will not disclose your name to SeeAbility if you wish to remain anonymous.

You can contact Safecall at any time on the freephone number 0800 915 1571.

The Safecall line is available 24/7 365 days. Alternatively, Safecall can be contacted via e-mail seeability@safecall.co.uk or via the web www.safecall.co.uk/report