Tyndale Whistle blowing Policy

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Tyndale Primary School
Whistleblowing Policy
Distribution List

Full Governing Body
o Ratification at Full Governing Body
o Review is the responsibility of the Full Governing Body

Internal
o Tyndale school IT network
o Staff Meeting
General Statement:
This policy is produced in respect of Tyndale Primary School.
Purpose:

To underpin the school’s commitment to high standards of openness, honesty
and accountability.

To ensure we understand what is required of staff in terms of personal
behaviour in public life.
Guidelines:
We will follow the guidelines published by South Gloucestershire LA Personnel
Division in “Employee Whistle Blowing Policy” (for staff employed in LM Schools)
and “Employee Whistle-Blowing Policy Guidance Notes for Schools” to ensure
necessary safeguards and protection are given to employees (see Appendix 1
and 2).
Document Reference
B100 1 032 06
INTRODUCTION
1.
The Whistle-Blowing Policy is designed to enable employees to express
serious concerns about any wrong-doing at work by other employees,
Headteachers , Governors, suppliers, contractors or others acting on behalf of
the School.
2.
The Whistle-Blowing Policy for staff employed in Locally Managed
Schools applies to all school-based employees .
3.
The Policy is also available to other workers, including temporary and
agency staff, school Governors, trainers, volunteers in schools, consultants and
contractors. The Policy states that should these groups wish to raise a concern
they should follow the same procedures as for school staff. The policy also
applies to suppliers, who should raise any concern with the Head Teacher or, if
not appropriate, the Schools’ Workforce Strategy Manager.
4.
The Policy has been developed in consultation with the trade unions,
against the background of the Public Interest Disclosure Act. This gives specific
employment protection rights to individuals who disclose externally certain types
of information (ie who “blow the whistle”).
5.
The aims of the policy are to:




Re-inforce the Council’s expectations that employees in schools
should raise serious concerns about wrong-doing at work.
Provide employees with guidance on how to raise concerns.
Provide employees with feedback on concerns raised.
Reassure employees they will be supported and protected from
victimisation or harassment.
Inform employees how they can take matters further if they are not
satisfied with the Council’s response.
6.
Headteachers and Governors need to make themselves familiar with the
policy so that they can respond effectively to any issues raised by employees.
The particular responsibilities of Headteachers and Governors are described in
the Whistle-Blowing Policy document and elaborated on below.
ISSUES COVERED BY THE POLICY
7.
The Policy has been established to enable employees (at all levels) to
report any serious wrong-doing at work. Paragraph 2.1 of the Policy provides
examples of the wrong-doing covered.
8.
The Whistle-Blowing Policy is not a substitute for the Council’s other
policies and procedures on such matters as personal grievances, bullying and
harassment or health and safety. It should also not be used to raise matters
relating to an employee’s own terms and conditions of service.
9.
Where the Whistle-Blower raises an issue about another employee’s
conduct then, following an initial investigation of the matter under the WhistleBlowing Policy, the matter may, if considered appropriate, be dealt with by
management, as part of an appropriate personnel procedure, eg the Disciplinary
or Bullying and Harassment procedure.
10.
The Policy is not to be used by members of the public to pursue general
complaints about schools. These should be dealt with through the School’s
Complaints Procedure.
11.
Section 3 of the Policy sets out the safeguards for employees, including
protection from harassment or victimisation, and provides advice on
confidentiality and anonymous allegations.
12.
Sections 4, 5 and 6 describe the procedures to be followed by employees
raising concerns and by the people to whom the concerns are reported.
RESPONSIBILITIES OF HEADTEACHERS,GOVERNORS AND DIRECTORS
13.
The existence of the Whistle-Blowing Policy reinforces the need for all
schools staff to be vigilant about preventing and investigating any wrong-doing.
Headteachers need to ensure that they and their employees are aware of, and
follow the appropriate procedures whether these are Council requirements (e.g
Financial regulations, health and safety) or these are requirements established
through the schools internal arrangements.
The presence of the WhistleBlowing Policy will itself deter people from wrong-doing by increasing the
likelihood that they will be caught.
14.
Head teachers and Governors need to ensure that employees raising
concerns about wrong-doing in schools are responded to positively and in
accordance with the Whistle-Blowing Policy.
15.
When a concern is raised by an employee the Governing Body response
will be to:(1)
Seek confirmation that the concern is being raised under the
Whistle-Blowing Policy and obtain as much information as
possible, preferably in writing, from the employee in order to
allow an investigation to be made.
(2)
Register immediately with the Governing Body that an issue has
been raised under the Whistle-Blowing Policy. The Governing
Body will write to the complainant within 10 working days of the
concern being raised, acknowledging receipt of the concern and
indicating how they propose to deal with the matter.
(3)
Contact the Audit Manager (or if not available the Head of Schools
Personnel) in all cases of financial irregularity such as fraud ,
corruption or unauthorized use of public funds.
(4)
Decide how the concern is to be investigated (see below).
(5)
Ensure that all reported wrong-doings are treated in absolute
confidence, with every effort made by the Governing Body not to
reveal an employee’s identity if they so wish. At the appropriate
time, however, an employee may need to become an identified
witness, particularly if it has not been possible to substantiate the
allegations by other means. The implications of this and the setting
up of appropriate support or protection arrangements will be
carefully and sensitively discussed with the Whistle-Blower by
management. However, once the Governing Body / or Council is
aware of an allegation of serious wrong-doing, it will need to take
appropriate action to investigate. (See Section 3 of the Policy
document.)
(6)
Ensure that the Schools’ Workforce Strategy Manager is kept
informed of progress.
GUIDELINES ON CARRYING OUT INVESTIGATIONS
16.
The Governing Body will make the necessary arrangements for the
complaint to be investigated. The investigation will be comprehensive and
conducted in a fair and sensitive manner, with due regard to confidentiality and
potential impact on schools. The conduct of the investigation will seek a balance
between the interests of the school and the employee(s) under investigation. It
will be properly planned and controlled to ensure a thorough and speedy
conclusion. The Investigating Officer will provide the Whistle-Blower with initial
feedback on the actions being taken, and the likely timescale, within 30 working
days of the complaint being made. Thereafter feedback will be provided on an
agreed basis. Subject to any legal constraints, the Governing Body and/or
Council will inform the Whistle-Blower of the outcome of the investigation.
17.
Where alleged fraud is involved, the investigations should take account of
the Fraud Prevention Strategy (which can be found on the Council’s Intranet AZ). In all types of investigations there should be effective safeguarding of
evidence/records and the need not to breach Regulation of Investigatory Powers
Act 2000 (RIPA) requirements if covert surveillance is required/being considered.
18.
As stated above in para 15(5) and in paragraphs 3.4 and 3.5 in the Policy,
all reported wrong-doing will be treated in confidence with every effort made by
the Governing Body not to reveal the Whistle-blower’s identify if they so wish.
19.
The Headteacher and Governing Body will also ensure that the Whistleblower is supported and protected from harassment or victimisation (including
informal pressures) and investigate any such claims. (See Section 5 of the
Policy document.)
20.
It is essential that the interests of employees who are the subject of
investigations are safeguarded in terms of confidentiality, a prompt and thorough
investigation and support through the process. (See paragraph 5.8 of the Policy
document.)
21.
The Investigating Officer (usually the Governing Body) will prepare a
report to the Director at the conclusion of the investigation which states the
findings and the recommended action to be taken. The format of the report
should include the following basic information:








How the investigation arose.
The allegations made.
The employees investigated and their jobs.
How the investigation has been undertaken.
The facts and evidence identified including prime documents or
certified copies.
Notes of interviews.
Any financial implications (including losses and recovery
arrangements).
A summary of the findings and conclusions.
Recommended action.
22.
Where the Whistle-blower has indicated that he/she has provided
information in confidence, nothing in the report should identify the Whistleblower.
23.
Where the issue under investigation is a potential disciplinary matter the
advice of Schools Personnel will be obtained on the operation of disciplinary
procedures.
24.
The Governing Body and /or Council will need to ensure that any
recommended action is implemented and the Whistle-blower kept appropriately
informed.
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