Whistle blowing policy

                        Whistle Blowing Policy                                  

  Statement of intent

It is our intention that staff working at St Andrews feel confident about coming forward and reporting any issues/concerns that they may have regarding the areas below, whilst remaining protected from any subsequent discrimination.  This Policy is to be used in conjunction with our Safeguarding Children and Child Protection Policy.

By following the whistle blowing procedure we are acting to;

 Prevent a problem getting worse

Safeguard children and young people and,

Reduce potential risk to others.

Aim

     The aim of this policy and associated procedures is to establish an internal procedure that will encourage and enable staff, students and volunteers to raise concerns about any aspect of the settings practice (which do not meet the criteria for being dealt with as a complaint, grievance or allegation.)

• Ensure staff understand their responsibilities and feel confident in raising and reporting a serious concern at the earliest opportunity

• Provide avenues for staff to raise concerns and receive feedback on any action taken

• Ensure that staff receive a response to their concerns and that they are aware of how to pursue them if they are not satisfied

• Reassure staff that they will be protected from possible reprisals or victimisation if they have made any disclosures in good faith

Any concerns can be reported without this leading to any harassment or victimisation, and every effort will be made to keep both the concern and the member of staff’s identity confidential, to ensure that the setting continues to work within best practice and safeguard children and young people.

Whistle blowers will not suffer a detriment as a result such as ;

A failure to promote

Denial of training

Closure of monitoring

Being ostracised

Blocking access to resources

Demotion

Suspension

Bullying or harassment

Victimisation

Dismissal

Failure to provide an appropriate reference

Failure to investigate an appropriate concern

What should be reported?

·         The inappropriate treatment or care of a child – If it is a Safeguarding Concern the Allegations Against Staff section of our Safeguarding Procedure, will be used

·         Any breach in the behaviour of manager, staff, student or volunteer

·         Discrimination of any kind

·         Concerns that could impact on the health and safety of the children or adults

·         Inappropriate use of settings assets

·         Decision making for personal gain

·         Abuse of position

·         Inappropriate use of budget

·         Deceit

·         Tampering with documents

Principles

This policy is based on the following fundamental principles;

All staff, students and volunteers have the right to raise concerns about perceived unacceptable practice or behaviour.

The responsibility for expressing concerns about unacceptable practice or behaviour rests with all staff, students and volunteers.

The setting will not tolerate harassment or victimisation and will take action to protect workers when they raise a concern in good faith.

The setting will do its best to protect a whistleblowers identity when he/she raises a concern and does not want his/her name to be disclosed. However if the concern is addressed through another procedure e.g. disciplinary the worker may be required to provide a signed statement as part of the evidence.

In some circumstances the setting may have to disclose the identity of the worker without his/her consent, although this will be discussed with the worker first.

Appropriate advice and support will be made to all staff, students and volunteers who raise concerns.

Those who raise concerns will be kept informed of the progress and outcome of any investigation.

The setting will not tolerate malicious allegations, this may be considered a disciplinary offence.

Methods of reporting

Procedures.

Staff, students and volunteers can raise concerns (no matter how small they appear) internally as a matter of course, and receive feedback on any action taken.

Concerns are taken seriously and dealt with quickly and appropriately

Staff and volunteers are reassured that they will be protected from reprisals or victimisation for whistle blowing in good faith.

Staff and volunteers can take the matter further if they are dissatisfied with the setting response and seek external advice and guidance i.e., ACAS.

Issues raised are addressed via other procedures and policies as appropriate, e.g., disciplinary, grievance, health and safety, safeguarding policy, allegations against an adult working in the setting.

Appropriate records are maintained for monitoring purposes.

·         A concern can be initially raised by any staff member to their line manager or committee. concerns should be raised in writing and include:

·         Reference to the fact that it is a whistle blowing disclosure

·         The background and history of the concerns

·         Names, dates and places (where possible)

·         The reason why the individual is concerned about the situation.

·         Staff who feel unable to put concerns in writing can telephone or meet the manager or committee chairperson.

·          in the event the concern is about your line manager contact the Committee.

·         Discuss the nature of the concern together with the background, history of the concerns and provide relevant dates of incidents

·         There is no expectation that staff prove beyond a doubt the truth of their suspicion, however they will need to demonstrate that they are acting in good faith and there are reasonable grounds for their concern

·         All employees will be treated fairly

·         In the event that an employee feels unable to talk speak to the Manager or Committee they should call LADO.

LOCAL AUTHORITY DESIGNATED OFFICER (LADO) NUMBER

03000 41 08 88

AREA SAFEGUARDING ADVISOR

03301 651 240

OFSTED HELPLINE

03000 12 31 23

    Concerns will be dealt with in the following way:

• Initial enquiries will be made to decide whether an investigation is appropriate and if so, what form it should take

• The incident will be investigated by the line manager /committee//LADO or Ofsted

• If it is a Safeguarding concern, Safeguarding procedures will be followed including those already mentioned that relate to allegations against staff and may form the subject of an independent inquiry

• Within ten working days of the concern being raised, the member of staff will receive in writing:

• Acknowledgement that the concern has been received an indication as to how the setting will proceed to deal with the matter

• Supply the member of staff with information on staff support mechanisms

• Inform the member of staff concerned as to whether any further investigation will take place and if not, why not.

It may be necessary for the setting to interview staff to ensure that their disclosure is fully understood. Any meeting can be arranged away from the workplace, if so wished, and a representative or a friend may accompany the involved member of staff for support.

If there are any difficulties experienced as a result of raising a concern, support will be offered.

Staff will be kept informed of the progress and outcome of any investigation to assure that any disclosure has been properly addressed unless legal reasons determine otherwise.

Allegations of abuse against adults or volunteers who work in the setting

The following action will be taken;

The setting will ensure the immediate safety of the children

The setting will not investigate and immediately contact the Local Authority Designated Officer (LADO)

The setting will notify Ofsted of a significant incident.

If LADO decides that there is a child protection concern, external agencies (e.g. police) will be informed by the LADO and the setting will act upon the advice given to ensure that any investigation is not jeopardised.

It may be necessary for the committee to suspend the alleged perpetrator. Suspension is a neutral act to allow a thorough and fair investigation.

If it is agreed that there is not a child protection concern, the setting will investigate further and feed back to Ofsted

Confidentiality- will be maintained and every effort will be made not to reveal a member of staff’s identity if they so wish. If, however a member of staff makes an allegation frivolously, maliciously or for personal gain, appropriate action that could include disciplinary action may be taken.

The public Interest Disclosure Act 1998 seeks to protect employees from discrimination as a result of “blowing the whistle” on their organisation, or individuals within it, through amendments to employment law.

If you are not satisfied with the outcome of the investigation, you may elevate your concerns directly to Ofsted Tel: 03000 12 31 23

Email: whistleblowing@ofsted.gov.uk.