WHISTLEBLOWING POLICY
Rationale:
1.1. Employees are often the first to realise that there may be something seriously wrong within the nursery. However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues, the company or other agencies. They may also fear harassment or victimisation. In these circumstances, it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice.
1.2 The company is committed to the highest possible standards of openness, probity and accountability. In line with that commitment, we expect employees, and others that we deal with, who have serious concerns about any aspect of the nursery to come forward and voice those concerns. It is recognised that most cases will have to proceed on a confidential basis.
1.3 The policy document makes it clear that you can do so without fear of victimisation, subsequent discrimination or disadvantage. This Whistle blowing policy is intended to encourage and enable employees to raise serious concerns within the nursery rather than overlooking a problem or “blowing the whistle” outside.
1.4 The policy applies to all employees and applies equally to those designated as casual, temporary, agency, authorised volunteers or work experience, Directors and those contractors working for the company or people working on the premises, for example, agency staff, builders, drivers. It also covers suppliers and those providing services under a contract with the LEA in their own premises.
1.5 These procedures are in addition to the company’s complaints procedures and other statutory reporting procedures. service Users should be made aware of the existence of these procedures
AIMS:
There are existing procedures in place to enable you to lodge a grievance etc relating to your own employment. The Whistle blowing policy is intended to cover major concerns that fall outside the scope of other procedures.
These include:
Thus, any serious concerns that you have about any aspect of service provision or the conduct of nursery staff, directors, officers or members of the LEA or others acting on behalf of the nursery and the LEA can be reported under the Whistle blowing Policy. This may be about something that:
This policy does not replace the corporate complaints procedures.
Harassment or Victimisation
The Directors are committed to good practice and high standards and want to be supportive of employees.
It is recognised that the decision to report a concern can be a difficult one to make. If what you are saying is true, you should have nothing to fear because you will be doing your duty to your employer and those for whom you are providing a service.
The Company will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect you when you raise a concern in good faith.
Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary or redundancy procedures that already affect you.
All concerns will be treated in confidence and every effort will be made not to reveal your identity if you so wish. At the appropriate time, however, you may need to come forward as a witness.
This policy encourages you to put your name to your allegation whenever possible.
Concerns expressed anonymously are much less powerful but will be considered in the context of the following factors:
If you make an allegation in good faith but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation frivolously, maliciously or for personal gain, disciplinary action may be taken against you.
As a first step, you should normally raise concerns with a Nursery Manager. This depends, however, on the seriousness and sensitivity of the issues involved and who is suspected of the malpractice. For example, if you believe that senior management of the Nursery is involved you should approach the chair of Committee Trevor Fine
Concerns may be raised verbally or in writing. Staff who wish to make a written report are invited to use the following format;
The earlier you express the concern, the easier it is to take action.
Although you are not expected to prove beyond doubt the truth of an allegation, you will need to demonstrate to the person contacted that there are reasonable grounds for your concern.
Obtain advice/guidance on how to pursue matters of concern from a union rep.
You may wish to consider discussing your concern with a colleague first and you may find it easier to raise the matter if there are two (or more) of you who have had the same experience or concerns.
You may invite your Trade Union representative or a friend to be present during any meetings or interviews in connection with the concerns you have raised.
The Company will respond to your concerns. Do not forget that testing out your concerns is not the same as either accepting or rejecting them. If you confirm your wish to raise your concerns formally under the policy, a responsible person will be designated by the directors.
The responsible person will respond to you in accordance with procedures below and where the responsible person is outside the management of the nursery he/she will notify the Company secretary.
There appropriate, the matters raised may:-
· Be investigated by company management, internal audit, or through the disciplinary process;
· Be referred to the external auditor;
· Form the subject of an independent inquiry.
In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle which nursery management/Directors will have in mind is the public interest. Concerns or allegations which fall within the scope of specific procedures (for example, child protection or discrimination issues) will normally be referred for consideration under those procedures.
Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required, this will be taken before any investigation is conducted.
Within ten working days of a concern being raised, the responsible person will write to you:
The amount of contact between those considering the issues and you will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary further information may be sought from you.
Where any meeting is arranged, away from nursery premises if you so wish, you can be accompanied by a Trade Union representative or a friend.
The Company Directors will take steps to minimise any difficulties which you may experience as a result of raising a concern. For instance, if you are required to give evidence in criminal or disciplinary proceedings, arrangements will be made for you to receive advice about the procedure.
It is accepted that you need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, you will be informed of the outcome of any investigation.
The Company Secretary has overall responsibility for the maintenance and operation of this policy in respect of concerns raised formally outside the management of the nursery. That officer maintains a record of concerns raised and the outcome (but in a form which does not endanger your confidentiality) and will report as necessary to the Company. In respect of concerns rose internally within the nursery the Nursery Manager will maintain a record of concerns raised and the outcome and will report as necessary to the Company Directors.
This policy is intended to provide you with an avenue within the Company to raise concerns. The Company hopes you will be satisfied with any action taken. If you are not, and if you feel it is right to take the matter outside the Company, the following are possible contact points:
If you do take the matter outside the company, you should ensure that you do not disclose confidential information. Check with the contact point about that.
© 2010