6. Confidentiality and anonymity
6.1
Although the PIDA does not refer to the confidentiality of concerns raised in a qualifying disclosure, there is a widespread assumption that such a disclosure will be treated in confidence as a means of preventing victimisation. Rotherham Metropolitan Borough Council will seek to avoid disclosing information identifying any Whistleblower, even if the Council considers that the disclosure by the Whistleblower falls outside the scope of a qualifying disclosure. However, there are situations where, due to the circumstances of the alleged serious wrongdoing, it is impossible to avoid disclosing information identifying any Whistleblower. In these circumstances, Rotherham Metropolitan Borough Council will consult with the Whistleblower prior to the disclosure taking place and offer support.
6.2
There may also be situations where the Council may be obliged to disclose information, such as where there are legal proceedings following on from the investigation of the whistleblowing investigation. This may require the disclosure of witness statements or correspondence, and there is even the possibility that the Whistleblower may be expected to give evidence at any hearing. In these circumstances, the Council should discuss the implications for the Whistleblower if he or she proceeds with the disclosure, and where appropriate, discuss appropriate support arrangements.
6.3
Rotherham Metropolitan Borough Council may also be required to disclose the identity of the Whistleblower to third parties, where necessary for the purposes of undertaking investigations e.g. where the allegations relate to serious criminal offences where the Council considers that the Police should investigate.
6.4
Anonymous complaints will be considered but, depending on the information given and the credibility of the evidence, there may not be enough information for a proper investigation without the investigator being able to contact the Whistleblower for further information and, in these circumstances, there may not be sufficient evidence to pursue an investigation. Therefore, the Council would always encourage a Whistleblower to provide their name in order to make an investigation easier and more effective and enable feedback about the investigation to be provided. However anonymous allegations are preferred to silence about serious wrongdoing.
6.5
Rotherham Metropolitan Borough Council, as a public authority, is subject to the Freedom of Information Act. This means that there is a presumption that Rotherham Metropolitan Borough Council discloses any information it holds, unless that information falls under one or more exemptions and, in most cases, that the application of that exemption is in the public interest.
6.6
The Freedom of Information Act contains exemptions that may be applicable to permit the withholding of information identifying the Whistleblower, including:-
- S40 Personal Data.
- S41 Information which, if disclosed, would give rise to an actionable breach of confidence.
6.7
If Rotherham Metropolitan Borough Council receives a request for information identifying a Whistleblower, it will contact the Whistleblower to seek their views in respect of the disclosure or withholding of the information requested and, wherever possible, it will seek to comply with those views.
6.8
The Council is mindful, in reconciling the legal obligation to disclose information it holds under the Freedom of Information Act 2000, of its legal obligations under:-
- The Public Interest Disclosure Act 1998 to avoid the discrimination or victimisation of employees; and
- The Health and Safety at Work etc. Act 1974, to protect the health and safety (including mental health) of employees.
