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Whistleblowing (Scotland) Policy

Introduction

The whistleblowing policy (which applies to a care home or a care at home service) can be invoked by staff if they consider that any concerns they have about the welfare of people using the service are not being satisfactorily addressed by {{org_field_name}}.

The policy can also apply to people using {{org_field_name}} and other stakeholders, who consider that their concerns about people’s welfare can only be addressed through some form of public interest disclosure.

The policy is written in line with the national health and care standards, My Support, My Life, which emphasise that people using services should be confident about the intentions and integrity of the staff providing their care and support and the care providing organisation.

It should be read in relation to the provider’s complaints policy, which includes the right of people using services and others to make complaints directly to the Care Inspectorate.

Aim

The main aim of the policy is to protect care staff and others who in the public interest raise genuine concerns about the welfare of people using the service, who are vulnerable to being harmed. As a result, they should not under any circumstances be subjected to any form of detriment or disadvantage as a result of having raised their concerns.

The policy thus acts as guidance to all those who work with or within the service and its wider organisation, who may from time to time feel that they need to raise concerns in confidence about the service’s practices with someone from outside their immediate line management, eg a senior manager of the employing organisation, the local authority protection and support team, the Care Inspectorate or another relevant body, eg the Health and Safety Executive where the issue concerns health and safety.

Policy Statement

This care provider encourages a free and open culture in dealings between its managers, employees and all people with whom it engages in business and legal relations. In particular, {{org_field_name}} recognises that effective and honest communication is essential if concerns about breaches or failures are to be effectively dealt with and {{org_field_name}}’s success ensured.

Procedure

1. This policy will apply in cases where workers genuinely believe that one of the following sets of circumstances is occurring, has occurred or may occur within the organisation and that it is in the public interest for the individual to disclose it other than through the usual internal channels. The matters that may be disclosed in this way are that:
   a. a criminal offence has been committed, is being committed or is likely to be committed
   b. a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject
   c. a miscarriage of justice has occurred, is occurring or is likely to occur
   d. the health and safety of any individual has been, is being or is likely to be, endangered
   e. the environment has been, is being or is likely to be, damaged
   f. information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be, deliberately concealed.
2. In law there is no need for a worker to prove that the breach or failure that they are alleging has occurred or is likely to occur; a reasonable suspicion will suffice, ie where the worker reasonably believes that the information disclosed is substantially true. Workers should, however, note that they are not entitled to make a disclosure if in so doing they commit a criminal offence.
3. If workers wish to raise or discuss any issues which might fall into one of the categories listed in (a)–(f) above, they should contact , or, in their absence [this could be an external manager], though they also have the right to report the matter directly to the Care Inspectorate.
4. The person to whom the matter is initially reported should, as far as is possible, treat the matter in confidence. In the event of a formal investigation following the disclosure, the whistleblower could be required to attend a hearing. The policy guarantees that appropriate steps will be taken to ensure that the person’s working relationships are not prejudiced by the fact of their disclosure.
5. Workers may seek advice from Protect (formerly Public Concern at Work), the leading authority on public interest whistleblowing, if they consider that it has an interest in the matter and, despite the best efforts of the organisation, workers believe that alternative forms of disclosure are inappropriate or have been unsuccessful. Disclosures made to workers’ legal advisors in the course of obtaining legal advice will be protected.
6. Workers should be aware that the policy will apply where they reasonably believe that the information disclosed and any allegation contained in it are substantially true. If any disclosure concerns information which employees do not substantially believe is true, or indeed if the disclosure is made for personal gain, then such a disclosure will constitute a disciplinary offence for the purposes of the organisation’s disciplinary policy and procedures and may constitute gross misconduct for which summary dismissal is the sanction.
7. While the organisation hopes that such disclosures will never be necessary, it also recognises that it may find itself in circumstances which are new to it. Each case will be treated on its own facts.
8. A whistleblower is entitled to protection from making a disclosure of detrimental treatment by their employing organisation, by a co-worker or by an agent of the organisation. It recognises that an employer is vicariously liable for detrimental treatment.
9. If any of this occurs, it should be raised immediately with the line manager so that the matter can be investigated thoroughly without undue delay. Detrimental treatment includes, for example, harassment and bullying or not complying with a person’s rights and entitlements under their contract of employment.
10. A worker is also protected from dismissal by the organisation for making a protected disclosure. There is no qualifying period for an unfair dismissal claim to be made to an employment tribunal.

Training

All staff are made aware of the whistleblowing policy and their rights under the Public Interest Disclosure Act 1998.

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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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