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.