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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Whistleblowing (Speaking Up) Policy

1. Purpose

The purpose of this policy is to establish a transparent, open, and supportive culture at {{org_field_name}} where employees feel safe and encouraged to report concerns about poor practice, wrongdoing, or risks to the safety of people we support, staff, or the organisation.

This policy ensures that staff can raise concerns confidentially and without fear of retaliation. It aligns with CQC regulations, the Public Interest Disclosure Act 1998 (PIDA), and the Health and Social Care Act 2008, ensuring that whistleblowing concerns are addressed promptly, fairly, and in the best interests of those receiving care.

By implementing this policy, {{org_field_name}} commits to:

• Protecting staff from victimisation or disciplinary action when they raise concerns in good faith.
• Ensuring concerns are investigated impartially and resolved appropriately.
• Promoting a culture of transparency and accountability, where speaking up is valued.

Whistleblowing is an essential safeguard in maintaining high-quality care, ethical conduct, and compliance with CQC Fundamental Standards.

2. Scope

This policy applies to:

• All employees, including full-time, part-time, agency, and bank staff.
• Contractors, volunteers, and students working at {{org_field_name}}.
• People we support (residents) and their families, who may also have concerns.

It covers concerns about misconduct, malpractice, or breaches of legal or regulatory standards within the care home.

3. Legal and Regulatory Framework

This policy complies with:

• Public Interest Disclosure Act 1998 (PIDA) – Protects whistleblowers from unfair treatment when reporting concerns in the public interest.
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 17 (Good Governance), which requires care providers to have effective systems to identify and mitigate risks​.
• CQC Fundamental Standards, which require all care providers to have clear and accessible whistleblowing procedures.
• Employment Rights Act 1996, ensuring employees have legal protection when reporting concerns.
• Equality Act 2010, preventing discrimination or unfair treatment of whistleblowers.

By complying with these legal protections and best practices, {{org_field_name}} ensures whistleblowers are supported and protected.

4. Definition of Whistleblowing

Whistleblowing is when an employee or worker raises a concern about wrongdoing, malpractice, or risks that affect residents, staff, or the care home.

Concerns may relate to:

• Unsafe care practices, such as neglect, abuse, or medication errors.
• Health and safety breaches, putting residents or staff at risk.
• Financial misconduct, including fraud or misuse of funds.
• Breach of legal obligations, such as non-compliance with CQC regulations.
• Bullying, harassment, or discrimination within the organisation.
• Covering up wrongdoing, where concerns are ignored or suppressed.

Whistleblowing differs from grievances (which relate to personal employment issues) and focuses on concerns that are in the public interest.

5. How to Raise a Concern

At {{org_field_name}}, staff are encouraged to report concerns as early as possible to prevent harm or misconduct.

5.1 Internal Reporting Process

Employees should first report concerns internally, following this process:

1. Report to a Line Manager – Staff should speak to their immediate supervisor or manager about the concern.
2. Escalate to the Registered Manager – If the concern is not resolved or involves senior staff, it should be reported to the Registered Manager.
3. Contact the Nominated Individual – For serious concerns or if staff feel uncomfortable raising issues within their team, they can escalate matters to the Nominated Individual at {{org_field_name}}.
4. Use the Anonymous Whistleblowing Hotline (if applicable) – Staff can use a dedicated, confidential reporting system if they prefer to remain anonymous.

Concerns can be raised verbally or in writing, and all reports are handled confidentially.

5.2 External Reporting (Escalating Concerns)

If internal reporting does not resolve the issue or if staff fear retaliation, they can report concerns to external authorities, including:

• Care Quality Commission (CQC) Whistleblowing Line – Staff can contact the CQC directly to report concerns about care quality and regulatory breaches.
• Local Authority Safeguarding Teams – If the concern relates to abuse or neglect of vulnerable adults, it must be reported to the local safeguarding board.
• Health and Safety Executive (HSE) – For serious breaches of health and safety laws.
• Professional Bodies (e.g., Nursing and Midwifery Council, General Medical Council) – If concerns involve professional misconduct.
• Public Concern at Work (Protect) – An independent charity offering free, confidential whistleblowing advice.

Whistleblowers are protected even if concerns are later found to be unsubstantiated, provided the report was made in good faith.

6. Protection Against Retaliation

{{org_field_name}} is committed to protecting whistleblowers from victimisation, dismissal, or unfair treatment.

• No employee will be disciplined, threatened, or harassed for raising concerns in good faith.
• Retaliation against whistleblowers will result in disciplinary action, up to and including dismissal.
• Employees can request confidentiality, and their identity will be protected wherever possible.
• If an employee experiences reprisals, they should report this immediately to the Registered Manager or Nominated Individual.

Legal protections under PIDA and the Employment Rights Act 1996 ensure that whistleblowers have the right to take legal action if they are unfairly treated.

7. Investigation Process

7.1 How Whistleblowing Reports Are Investigated

All concerns raised under this policy are:

1. Acknowledged within 5 working days.
2. Assigned to a senior manager or external investigator for impartial review.
3. Investigated thoroughly, with evidence gathering and interviews if required.
4. Kept confidential, ensuring only relevant personnel are involved.
5. Resolved as quickly as possible, with progress updates provided to the whistleblower.

Where necessary, the care home will take immediate action to address risks, including suspension of unsafe practices or disciplinary measures.

7.2 Outcomes of Investigations

At the conclusion of an investigation, possible outcomes include:

• Corrective actions, such as policy changes or staff training.
• Disciplinary action, including dismissal if misconduct is confirmed.
• Reporting to external authorities, such as CQC or local safeguarding teams.
• Feedback to the whistleblower, while maintaining confidentiality.

The findings of whistleblowing cases are reviewed by senior management to improve organisational culture and prevent future incidents.

8. Training and Awareness

All staff receive mandatory whistleblowing training, covering:

• How to identify and report concerns.
• Protection under whistleblowing laws.
• The importance of an open and honest culture.
• The investigation process and expected outcomes.

Training is refreshed annually, and the whistleblowing policy is easily accessible to all staff.

9. Monitoring and Compliance

To ensure the effectiveness of our whistleblowing process:

• Annual audits assess the handling of whistleblowing cases.
• CQC inspections include a review of whistleblowing policies and staff awareness.
• Feedback from staff is regularly sought to improve processes.

By promoting a culture of openness and accountability, {{org_field_name}} ensures that staff feel safe and empowered to report concerns.

10. Policy Review

This policy is reviewed annually or sooner if CQC guidelines, legal requirements, or organisational needs change.

By implementing this Whistleblowing (Speaking Up) Policy, {{org_field_name}} ensures that concerns are handled effectively, staff are protected, and care remains of the highest quality.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.