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Registration Number: {{org_field_registration_no}}

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Whistleblowing Policy

1. Introduction

{{org_field_name}} is committed to fostering an open and transparent working environment where employees and stakeholders feel confident in raising concerns about malpractice, wrongdoing, or risks to the health, safety, and well-being of service users, staff, and the wider community. This policy reflects whistleblowing protections under the Employment Rights Act 1996 (Part IVA) as amended by the Public Interest Disclosure Act 1998, and the Care Inspectorate/SSSC guidance on raising concerns in the workplace. It also supports practice aligned to the Health and Social Care Standards and the SSSC Codes of Practice (from 1 May 2024).

2. Purpose of the Policy

This policy provides clear guidance on how staff and stakeholders can report concerns confidentially and without fear of victimisation, discrimination, or dismissal. Whistleblowing plays a crucial role in ensuring that services are safe, effective, and continuously improving. We are committed to investigating concerns promptly and taking appropriate action where necessary.

3. Scope of the Policy

This policy applies to all employees, agency workers, contractors, volunteers, service users, and other stakeholders who have concerns about malpractice or wrongdoing within the organisation. It covers areas such as breaches of legal obligations, unsafe practices, abuse or neglect of service users, financial mismanagement, and any actions that compromise the safety, dignity, or rights of individuals in our care.

This policy is open to everyone raising concerns (including service users and members of the public), however statutory whistleblowing protection (for example, protection from detriment or dismissal) applies to workers making a protected disclosure under the Employment Rights Act 1996 (Part IVA). People who use services and members of the public should normally use the organisation’s Complaints Procedure (and may also complain directly to the Care Inspectorate).

4. What whistleblowing is

Whistleblowing is when a worker raises a concern about wrongdoing in the public interest and reasonably believes the information tends to show one or more of the following: a criminal offence; breach of a legal obligation; miscarriage of justice; danger to health and safety; damage to the environment; or deliberate concealment of any of these matters.

What is not whistleblowing:

• A grievance about your own employment situation (for example pay, rota disputes, interpersonal conflict) — this should be raised under the organisation’s Grievance Procedure.
• A complaint from a person experiencing care, their representative, or a member of the public — this should be raised via the organisation’s Complaints Procedure (or directly to the Care Inspectorate).

Where you are unsure, you can seek advice from your manager, your trade union (if applicable), or independent whistleblowing advice services (see Section “Support and Advice”).

5. Commitment to a Safe and Supportive Environment

We recognise the importance of creating a culture where individuals feel safe to report concerns without fear of retaliation. We assure all whistleblowers that their concerns will be taken seriously, investigated thoroughly, and managed sensitively. Retaliation or victimisation against individuals who raise concerns in good faith will not be tolerated and may result in disciplinary action against those responsible.

6. Reporting a Concern

Employees and stakeholders should raise concerns as soon as possible to allow for timely intervention and resolution. Concerns can be reported through the following channels:

1) Verbally to the Registered Manager

2) Inform the Registered Manager by email: {{org_field_registered_manager_email}}

3) Call the office and inform the Registered Manager: {{org_field_phone_no}}

4) Out of hours phone number: {{out_of_hours}}

5) Online complaints via our website: {{org_field_website}}

Care Inspectorate / SSSC (prescribed persons): If you reasonably believe your concern meets whistleblowing criteria and you have not been able to resolve it internally, you may raise it with an appropriate prescribed person. The Care Inspectorate and the SSSC are prescribed persons for relevant matters. Care Inspectorate contact details are available via their whistleblowing/complaints pages or by calling 0345 600 9527.

Other external bodies: Depending on the subject matter, you may also need to report to other regulators or authorities (for example HSE, Police Scotland, the relevant local authority Adult Support and Protection team). Where you disclose externally, you should ensure you are raising the concern with the correct prescribed person for that issue.

7. Investigation Process

Where a concern indicates an immediate risk of harm, abuse, neglect, or a child/adult protection issue, we will take urgent protective action and make referrals to the lead agency (for example local authority social work or Police Scotland) as required. Where an incident meets the threshold for the organisation’s Duty of Candour Procedure, this will also be actioned alongside the whistleblowing process.

Once a concern is reported, it will be acknowledged within five working days, and an initial assessment will determine the most appropriate course of action. Investigations will be carried out by a designated impartial officer and, where necessary, external bodies may be involved. All findings will be documented, and whistleblowers will be kept informed of progress, subject to legal and confidentiality constraints.

8. Confidentiality and Anonymity

Whistleblowers may choose to remain anonymous; however, investigations may be more effective if the identity of the person raising the concern is known. All reports will be handled with the utmost confidentiality, and disclosures will only be made on a need-to-know basis.

9. Protection Against Retaliation

Workers who make a protected disclosure are protected by law from being subjected to a detriment or dismissed because they raised a concern, in line with the Employment Rights Act 1996 (Part IVA) as amended by the Public Interest Disclosure Act 1998. Any employee found to have victimised or harassed a whistleblower will face disciplinary action, which may include dismissal. If a whistleblower believes they are facing retaliation, they should report this immediately through the appropriate channels.

10. Training and Awareness

All employees will receive training on whistleblowing procedures and their rights under this policy. Training will be integrated into the induction process and refreshed regularly. Managers and senior staff will be provided with additional guidance on handling whistleblowing disclosures sensitively and effectively.

11. Support and advice

Whistleblowing can be stressful. Staff can access support via supervision/management and may also seek independent, confidential advice from Protect (formerly Public Concern at Work). Staff who are members of a trade union or professional association may also contact them for advice and representation.

12. Managing Risks and Continuous Improvement

To ensure that risks related to malpractice, abuse, or other wrongdoing are effectively managed, we maintain a robust internal monitoring system. Reports of whistleblowing concerns are reviewed periodically to identify trends and implement necessary improvements. Feedback mechanisms allow us to enhance our safeguarding measures, ensuring a high standard of care and regulatory compliance.

13. Review and Policy Updates

This policy will be reviewed annually or sooner if required to reflect changes in legislation, regulatory expectations, or best practice guidelines. Updates will be communicated to all staff, and additional training will be provided where necessary.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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