1. Introduction
1.1
Rotherham Metropolitan Borough Council is committed to ensuring that it, and the people working for it, complies with the highest standards of openness, honesty and accountability.
1.2
The term whistleblowing has a specific legal definition, i.e. a disclosure or allegation of serious wrongdoing made by an employee, and a wider public definition, i.e. any disclosure or allegation of serious wrongdoing.
1.3
This policy document seeks to cover disclosures and allegations of serious wrongdoing and to this end, where this policy makes reference to a Whistleblower; it refers to an individual who is making a disclosure or allegation of serious wrongdoing.
1.4
Where a Rotherham Metropolitan Borough Council employee, a worker for a Council contractor (including seconded Council employees) is aware of any serious wrongdoing, such as:
- breach of a legal obligation;
- any criminal activity, including incitement to commit a criminal act;
- corruption or fraud;
- a miscarriage of justice;
- a danger to the health or safety of any individual or damage to the environment;
- abuse of power or authority;
- failure to comply with professional standards, Council policies or codes of practice/conduct;
- Modern Slavery (including slavery, servitude, and forced or compulsory labour and human trafficking).
Committed by or related to the actions of:
- Rotherham Metropolitan Borough Council employees;
- Borough Councillors; and/or
- Contractors, agency staff, suppliers or consultants of Rotherham Metropolitan Borough Council in the course of their work for the Council.
and reports it, the Council will investigate any such allegations and, where appropriate, take action. The Council is also committed to preventing any harassment, victimisation or unfair treatment of any person arising from their whistleblowing, and where appropriate, take disciplinary action against any member of staff responsible for such harassment, victimisation or unfair treatment against a Whistleblower.
1.5
This policy seeks to set out how the Council will handle and respond to any such allegations, made either by Council staff or members of the public.
1.6
This policy seeks to:
- encourage employees or their representatives to feel confident in raising concerns or allegations in the public interest about suspected serious wrongdoing in the Council and its services without fear of reprisals or victimisation even where the concern or allegations are not subsequently confirmed by the investigation;
- give a clear message that allegations of serious wrongdoing or impropriety are taken seriously;
- ensure that where the disclosure proves to be well founded, the individuals responsible for such serious wrongdoing will be held accountable for their actions;
- set out what employees can expect by way of confidentiality and protection when making a whistleblowing disclosure; and
- identify independent support for employees who wish to make a whistleblowing disclosure (see section 6).
1.7
This policy is not designed to be used:
- for raising or reconsideration of matters that come under existing internal Rotherham Metropolitan Borough Council procedures, for example Grievance, Disciplinary, Capability, Dignity at Work or the Council's general complaints procedure;
- for allegations that fall within the scope of specific procedures, for example child or vulnerable adult protection, which will normally be referred for consideration under the relevant procedure, unless the employee has good reason to believe that the procedure is not being followed or will not be followed effectively; or
- as an appeal process from any complaint or grievance handled under any of the above procedures.
1.8
Where a complaint made under this policy falls outside the scope of the policy, for example where the complaint falls outside the scope of "serious wrongdoing", Rotherham Metropolitan Borough Council will advise the Whistleblower of this and consult with the Whistleblower in respect of taking the complaint further. Wherever possible, the Council will comply with the views of the Whistleblower, but there are situations where the Council is legally required to pass on details of allegations, without the consent of the Whistleblower, such as in safeguarding matters, or where the allegations relate to serious criminal activity undertaken by individuals outside the Council.
1.9
Likewise, if an allegation made under either of the other above complaints processes falls under the remit of a "serious wrongdoing", the Council will notify the Whistleblower of this and investigate the allegation under this process.
