Whistleblowing (Wales) Policy

Policy Statement

This policy sets out the values, principles and procedures underpinning {{org_field_name}}’s approach to whistleblowing. {{org_field_name}} (which could be either a care home or a domiciliary support service) is required to have a whistleblowing policy under the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017. (See Regulation 12: Requirements to Provide the Service in Accordance with Policies and Procedures and Regulation 65: Whistleblowing for the policy substance.) The policy links to the safeguarding standards described in Regulations 26–31.

The policy is created in line with Care Inspectorate Wales (CIW) guidance and the law as stated in the Public Disclosure Act 1998 [and as amended under the Enterprise and Regulatory Reform Act 2013 (ERRA)], and the safeguarding policies and strategies developed under the Social Services and Well-being (Wales) Act 2014.

The policy should be read and used to complement {{org_field_name}}’s complaints and compliments procedure. {{org_field_name}} 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 followed to respond to complaints and whistleblowing.

Principles

{{org_field_name}} 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 (eg to the safety of people using the service)
unethical conduct or possible illegal acts.

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

“Whistleblowing” principles can be summarised as follows.

Care services 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 should observe and report 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 it would if the matter was raised as a complaint by a person receiving care or others acting on their behalf.
In line with the Public Interest Disclosure Act 1998, {{org_field_name}} must make sure that staff members who raise, in good faith, reasonable concerns about unacceptable practices are not victimised.

{{org_field_name}} 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

{{org_field_name}} recognises that its staff members have a duty of care, moral and legal obligations to report all incidents where they consider vulnerable adults or colleagues to have been harmed or are at serious risk of being injured or harmed.

{{org_field_name}} considers that these obligations to report such incidents, which include suspected breaches of {{org_field_name}}’s or other employees’ professional codes of conduct, override any other considerations such as loyalty to colleagues.

Any member of staff who witnesses or suspects abuse 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 his or her confidentiality assured unless there are overriding reasons, eg legal reasons for disclosing their identity.

{{org_field_name}} 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. It is then recognised that the “whistleblower” might need to take their concerns to a more senior manager or the registered person.

[Some organisations also have a named person, eg safeguarding lead other than the person’s line manager to whom concerns could be raised in confidence. Where this is the case contact details of the designated person should be provided in the policy.]

{{org_field_name}} 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 adults’ board or the CIW (see Information section below).

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

Commitment to staff

{{org_field_name}} assures its staff that their concerns about any possible mistreatment of the people using its services 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.

{{org_field_name}} 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.

{{org_field_name}}’s management will keep any staff members affected by an investigation aware of the actions being taken and the outcomes, and by respecting the possible confidentiality of some of the information relating to other staff members and people using the service, 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, eg if the alleged malpractice requires reporting to the police and/or the local safeguarding adults’ board.

Staff are also made aware that all instances of alleged or actual abuse must be notified by {{org_field_name}} management to the local safeguarding adults’ board and to the CIW 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 CIW or local safeguarding authority to report their concerns, the service will always co-operate fully with any resulting enquiries 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 subjected to hostile action from colleagues should inform their manager, who should if necessary take steps to alter the staff member’s duties to protect them from the hostile action.

{{org_field_name}} 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

{{org_field_name}}’s 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

{{org_field_name}} provides staff with the following information, which they may need to help raise a concern in confidence.

The service’s whistleblowing policy.
How to contact the CIW through its website at www.careinspectorate.wales.
Local Safeguarding Board: [add details].
Protect (formerly Public Concern at Work) for advice and guidance on ways forward.
Acas Wales: through its website (in case of an unresolved grievance or potentially unfair dismissal of the whistleblower).

Training

All new staff receive training in this policy on whistleblowing as part of the induction safeguarding training, which is based on the All Wales Induction Framework for Health and Social Care. All staff receive updated training as policies change.

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}}

DW244. Whistleblowing