Speaking up about wrongdoing

Advice for Shropshire County Council employees

1. Shropshire County Council is committed to open and honest communication and the highest possible standards of integrity. Part of meeting that commitment is to encourage employees, members and others who have serious concerns to speak up. This may need to be on a confidential basis and the Council wishes to emphasise that if someone does ‘speak up’ they can do so without fear of reprisals. Such policies are termed “blowing the whistle” and this phrase is used throughout this statement but should be viewed as a positive action of speaking up.

2. Introduction

Employees or members may be the first to see that something is seriously is wrong within the Council. Such wrongdoings relate to:

- fraud and corruption
- discrimination
- abuse of vulnerable people
- damage to the environment

It is the duty of employees to speak up when they have serious concerns and it is the duty of the County Council to act on those concerns and protect and support employees when they do. A failure to report a serious concern could be construed as collusion. Difficult as it may be to speak up, employees should be aware of their special position and of their duty to make their concerns known.

This policy statement makes clear what employees should do and what will happen as a result. The policy has been discussed with all the relevant trades unions and professional organisations and has their support.

This policy statement is issued to employees to advise specifically on blowing the whistle on wrongdoing. It should not be confused with the complaints procedure (where the you can complain about the Councils services), the grievance procedure (where you can complain about your own treatment as an employee) or the child protection procedure (specifically relating to work in the Children and Young People’s area).

3. Serious Concerns

There are existing procedures in place to enable you to lodge a grievance about your own employment. This policy is intended to cover serious concerns outside the scope of those procedures.

A serious concern may be related to something that:

- is unlawful
- is against the County Council’s Constitution, financial rules, contract rules or other policies
- does not meet established standards or working practices
- amounts to improper conduct.

(Theft, bribery and corruption, discrimination, the abuse of children, vulnerable adults or staff, and environmental misuse are all the types of things which would fall into these categories).

4. Safeguards

4.1 Harassment and Victimisation

The Council recognises that deciding to report a concern can be difficult, not least because of the fear of reprisal from those responsible for malpractice. The council will not tolerate harassment or victimisation and will take action to protect you when you raise a concern in good faith.

This does not mean that if you are already the subject of disciplinary or redundancy procedures, that those procedures will be halted as a result of your whistleblowing.

4.2 Confidentiality

The Council will do its best to protect your identity when you raise a concern and do not want your name to be disclosed. It must, however, be appreciated that the investigation process may reveal the source of the information and a statement by you may be required as part of the evidence.

4.3. Anonymous Allegations

This policy encourages you to put your name to your allegation. Concerns expressed anonymously are much less powerful, but they will be considered at the discretion of the council. In exercising this discretion, the factors to be taken into account would be:

- the seriousness of the issues raised;
- the validity of the concern;
- the likelihood of confirming the allegations from other sources.

4.4. Untrue Allegations

If you make an allegation in good faith, but it is not confirmed by the investigation, no action will be taken against you. In such circumstances employees will be supported. If, however you make malicious or vexatious allegations, disciplinary action may be taken against you, but the matter would be referred to the appropriate Chief Officer before any action is taken.

4.5. Support To You

Throughout and after this difficult process you will be given full support from senior management, your concerns will be taken seriously and the County Council will do all it can to help you. If necessary, and you are happy to do so, you may be transferred to another job to ensure that you are fully protected.

5. How to raise a concern

5.1. As a first step you should normally raise concerns with your immediate Supervisor or Line Manager. This will depend, however, on the seriousness and sensitivity of the issues involved and who is thought to be involved in the wrongdoing. If management is involved, you should approach:

- Chief Executive or Corporate Director - if the wrongdoing is about standards of behaviour or about the abuse of children or vulnerable adults
- Monitoring Officer / Head of Legal and Democratic Services - if the wrongdoing is thought to be illegal. Tel: (01743) 252763
- Chief Finance Officer / Director of Resources - if the wrongdoing is about improper payments. Tel: (01743) 252007
- Head of Audit and Consultancy Services - If the wrongdoing is a fraud. Tel: (01743) 252027
- Head of Sustainability - if the wrongdoing is an environmental issue. Tel: (01743) 252565

Alternatively you can call the Standards Hotline (01743 252627) or invite your trades union or professional association to raise the matter on your behalf.

5.2. The earlier you express your concern the better and the easier it will be to take action. Concerns are better raised in writing. You should try to set out:

- the background and history to your concern;
- dates and places where possible;
- the reasons for your concerns.

5.3. Further advice and guidance on what to do can be found in the:

- guidance on how to deal with fraud and corruption;
- guidance note on the abuse of children, or vulnerable adults;
- guidance note on environmental issues;
- the harassment and bullying policy.

6. How will the Council respond?

6.1. The action taken will depend on the nature of the concern. The matters raised may:

- be investigated internally with the County Council but independently of those directly involved;
- be referred to the Police;
- be referred to the external Auditor;
- form the subject of an independent inquiry.

6.2. In order to protect individuals and the County Council, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. These will be made confidentially and every attempt made to protect the employee. Concerns or allegations which fall within the scope of specific procedures (e.g. child protection or discrimination issues) will normally be referred for consideration under those procedures.

6.3. Some concerns may be resolved by agreed action without the need for investigation.

6.4. Within 10 working days of a concern being received, we will write to you:

- acknowledging that the concern has been received;
- indicating how we propose to deal with the matter;
- giving an estimate of how long it will take to provide a final response;
- telling you whether any initial enquiries have been made;
- telling you whether further investigations will take place and, if not, why not.

7. Chief Executive and Corporate Director contacts

Chief Executive - Carolyn Downs. Tel: (01743) 252701
Corporate Director, Community Services - Jack Collier. Tel: (01743) 253701
Corporate Director, Children and Young People’s Services - Liz Nicholson. Tel: (01743) 254301
Corporate Director, Economy and Environment -Penny Spencer. Tel: (01743) 252302
Director of Resources - Laura Rowley. Tel: (01743) 252007
Head of Legal & Democratic Services - Claire Porter. Tel: (01743) 252763