Whistleblowing

 

Policy Statement

This policy sets out the values, principles and procedures underpinning this care
service’s approach to whistleblowing. The care service understands “whistleblowing”
to refer to actions taken by an employee or employees to raise concerns about:
Alleged, suspected, or observed malpractice.
Assessed, identified, or perceived risks (e.g., to the safety of people using services).
Unethical conduct or possible illegal acts.

Any of the above could harm, or create a risk of harm, to people using services,
colleagues, or the public.

The right to whistle blow is also built into the practice of “Good Governance” as
described in Regulation 17, Whistleblowing law is in the Employment Rights Act
1996 (as amended by the Public Interest Disclosure Act 1998). It provides the right
for a worker to take a case to an employment tribunal if they have been victimised at
work or lost their job because they have ‘blown the whistle’.

Safe: Learning culture

“We have a proactive and positive culture of safety based on openness and honesty,
in which concerns about safety are listened to, safety events are investigated and
reported thoroughly, and lessons are learned to continually identify and embed good
practices.”

Well-led: Freedom to speak up

“We foster a positive culture where people feel that they can speak up and that their
voice will be heard.”

The policy should be read and used to complement the Surveyors complaints
procedure.

Bloomsbury Surveyors recognises that “whistleblowing” is distinct from a complaint
in that “whistleblowers” raise their concerns as employees. Complaints about a
service are raised by people using the service, others acting on their behalf or
members of the public. However, it is recognised that similar procedures should be/
are followed to respond to complaints and whistleblowing.

Principles
“Whistleblowing” principles can be summarised as follows:

Surveyors/construction companies should be promoting open, transparent cultures,
which encourage staff to act on and report any concerns about practices that fall
below acceptable standards.

Staff members are the people most likely to observe and be in a position to report on
bad practice.

Employees, who raise genuine concerns about harmful practices, which they come
across in their work (as described above) must be taken seriously and seen to be
acting correctly.

They should not be regarded as “troublemakers” to be penalised in some way by
their employing organisation.

The employing organisation should listen to and thoroughly investigate every
concern raised by a staff member as they would if the matter was raised as a
complaint by a person receiving a survey or others acting on their behalf.

In line with the Public Interest Disclosure Act 1998, Bloomsbury Surveyors must
make sure that staff members who raise, in good faith, reasonable concerns about
unacceptable practices are not victimised as a result.

Bloomsbury Surveyors applies these principles in their approach to whistleblowing
policy and the procedures it expects its staff to follow.

Procedures
Obligations on staff to report malpractice, unacceptable risks, and wrongdoing.

Bloomsbury Surveyors recognises that concerns should initially be reported to the
immediate supervisor unless the supervisor is involved in the wrongdoing. In that
case, or if the employee is uncomfortable reporting to their supervisor, concerns
should be directed to the appointed Transparency Officer.
Bloomsbury Surveyors recognises that If the issue cannot be resolved or
inappropriate to discuss with the Transparency Officer, or if the response is
unsatisfactory, the concern should be raised with the Managing Director.
Concerns can also be submitted in writing, detailing the background and history of
the concern, giving names, dates, and places where possible.
Any member of staff who witnesses or suspects abuse or acts of harm by another
member of staff should report the matter without delay to their supervisor or
manager. The manager will accept responsibility for the actions that follow and will
assure the “whistleblower” that they have acted correctly by reporting the matter, will
not be victimised and their confidentiality assured unless there are overriding, e.g.,
legal reasons for disclosing their identity.

Bloomsbury Surveyors accepts that there may be occasions when the staff member
does not feel confident or able to report in the first instance to the manager. In these
circumstances, it is recognised that the “whistleblower” might need to take their
concerns to a more senior manager or the registered person.

Bloomsbury Surveyors also accepts the right and obligation of any staff member,
who thinks that their concerns are not being or might not be properly responded to or
addressed, to report their concerns to an outside authority. This could be the police,
the local safeguarding adult’s authority or the BSR

Each of these organisations can be expected to respond in line their respective
procedures. Again, in line with its Public Disclosure Interest Act responsibilities,
Bloomsbury Surveyors will not penalise or victimise any staff member who
responsibly reports their concerns in any of these ways.

Commitment to staff
Bloomsbury Surveyors assures its staff that their concerns about any possible
mistreatment of the people using the service will be listened to and investigated.

Staff members are encouraged to raise any concern directly or in writing. They are
also entitled to make their representations accompanied by a friend or colleague or
trade union representative as they decide and think fit. They might also wish to
obtain witness statements.

Bloomsbury Surveyors undertakes to assess and investigate any concerns
impartially, proportionately, and objectively, so that it can be fair to all parties
concerned in seeking to clarify the facts before taking further actions.

Bloomsbury Surveyors management will keep any staff members affected by an
investigation aware of the actions being taken and the outcomes, considering the
need to respect the possible confidentiality of some of the information relating to
other staff members and people using the services, which has developed in the
process of the investigation.

Information will usually be treated with the utmost confidence. This might not be
possible in all cases, e.g., if the alleged malpractice requires reporting to the police,
HSE and/or BSR.

Staff are also made aware that all instances of alleged or actual abuse must be
notified to the local safeguarding adults’ authority and to the BSR and HSE under its
notification of serious incidents procedures.

Investigating and dealing with allegations
The manager to whom abuse by a staff member is reported will take the necessary
steps under its safeguarding policy. In addition, the manager will, if possible, protect
the source of the information.

If a manager fails to act promptly, suppresses evidence, or is involved in any action
to discourage whistleblowing, they will be liable to disciplinary action.
Where the whistleblower has gone directly to the HSE and/or BSR or local
safeguarding authority to report their concerns, Bloomsbury Surveyors will always
co-operate fully with any resulting enquires and investigations and take all necessary
actions from the outcomes.
Dealing with interference with or victimisation of “whistleblowing” staff

Any member of staff who attempts to prevent a staff member from reporting their
concerns to a manager or who bullies, attempts to intimidate, or discriminates
against a colleague in these circumstances will be dealt with under disciplinary
proceedings.

A whistleblower who feels themselves to be subject to hostile action from colleagues
should inform their manager, who should, if necessary, take steps to alter the staff
member’s duties so as to protect them from the hostile action.
Bloomsbury Surveyors provides staff with information on how to contact Protect
(formerly Public Concern at Work), an organisation that has been established to
protect whistleblowers from victimisation and bullying.

Unjustified reporting

Bloomsbury Surveyors managers take reports from whistleblowers seriously and
investigate all allegations thoroughly. Any allegations against colleagues, however,
which are found to be unwarranted or malicious, may render the person who made
them liable to disciplinary action.

Information

Bloomsbury Surveyors provides staff with the following information, which they may
need to help raise a concern in confidence.
How to contact the HSE:
Tel. 0300 003 1747

How to contact the BSR:
Tel: 0300 790 6787

Local Safeguarding Authority/Multi-Agency Safeguarding Hub (MASH):
Tel: 01273 290400
Email: mash@brighton-hove.gov.uk.

Protect (formerly Public Concern at Work) for advice and guidance on ways forward.

Training

All new staff receive training in this policy on whistleblowing as part of the induction
training. All staff receive updated training as policies change.

Policy Review:
This policy will be reviewed every two years to ensure its effectiveness. Suggestions for
improvement are welcomed and can be made through the same channels as other
concerns.

Policy review due date: 03/05/25
Policy reviewed on:
Policy reviewed by: