Agenda item - Governance: Whistleblowing Update

Report of Head of Legal and Democratic Services (copy attached).

(1)      That the new Whistleblowing Policy for the Council (Addendum 1) and the model policy that Schools will be encouraged to adopt (Addendum 2) be referred to Full Council for information.

8.1     The Committee considered a report of the Monitoring Officer & Head of Legal & Democratic Services which set out proposed changes to the Council’s Whistleblowing Policy.  The proposals aimed to improve whistleblowing arrangements within the council. 

8.2     The Monitoring Officer & Head of Legal & Democratic Services stated that whistleblowing arrangements had not been as effective as they should have been.  Paragraphs 3.3 and 3.4 of the report provided clarity as to what and who the policy applied to.  The Council’s current Whistleblowing Policy applied to ‘members of staff’, i.e. employees, casual and agency workers, apprentices, contractors and self-employed consultants working on the Council’s premises.  The new proposed Policy would extend that remit to members of the public.  Other main changes to the policy were set out in paragraphs 3.5.  Alongside these changes a model whistleblowing policy had been drawn up for maintained schools.

8.3     Members’ attention was drawn to a flow chart at Appendix 1 which provided guidance to employees who wished to raise a concern.

8.4     Councillor Cobb queried whether the policy would be effective.  She expressed concern that the policy would not be beneficial to the whistleblower. 

8.5     The Monitoring Officer & Head of Legal & Democratic Services replied that the council guaranteed anonymity.  The whistleblower also had the option of being provided with independent advice.  If the person felt that they were being victimised they would be protected under employment laws.  Part of the policy had been drafted to address this problem.

8.6     The Head of Internal Audit stated that an e learning course had been made available to staff to raise awareness of these issues. 

8.7     Councillor Sykes stated that the changes seemed a sensible move forward.  He was concerned that the numbers of people whistleblowing in the council needed to be raised.  He expected increases in numbers of whistleblowing cases as a result of the policy.

8.8     The Monitoring Officer & Head of Legal & Democratic Services stressed that there would now be an exhaustive list of whistleblowing.  He would have regular meetings with HR to discuss this issue.  There was a need to encourage people to come forward and a need to make people feel safe.  It would also be necessary to publicise the policy. 

8.9     Councillor Taylor concurred with Councillor Cobb.  There needed to be a safe climate for whistleblowers.   He commended the work carried out by officers and found the flow chart helpful.  Councillor Taylor referred to paragraph 3.6 and asked if there was provision for academy schools.  The Monitoring Officer & Head of Legal & Democratic Services replied that he would be happy to send the recommendation to academy schools as well as maintained schools.   

8.10    Councillor Robins asked whether someone who remained quiet was complicit in wrongdoing.   The Monitoring Officer & Head of Legal & Democratic Services advised that this could potentially be an issue if the person was in a position to stop wrongdoing.  There was an expectation that if a person was aware of a problem they should report it.  

8.11    Councillor Morris referred to the flowchart and asked for clarification about the box which stated ‘seek advice and support’.  This referred to outside bodies.  He asked what was on offer for staff.   The Monitoring Officer and Head of Legal & Democratic Services referred Councillor Morris to paragraph 8.1 of the policy.    

8.12    Councillor Druitt asked if Whistleblowing training was in place for staff.  The Monitoring Officer replied that he would be happy to include training on whistleblowing in the induction programme for managers. 

8.13    Paul King of Ernst & Young referred to paragraph 8.1 of the policy.  He asked for his name to be deleted and for the postcode to be corrected to RG1 IYE. 

8.14    Councillor Chapman asked if other options such as mediation would be suggested when promoting the policy.  The Monitoring Officer & Head of Legal & Democratic Services referred to paragraph 3.2 of the policy.  The Whistleblowing policy sat alongside other policies.  

8.15    Councillor Cobb raised the question of anonymity.  She referred to paragraphs 5.1 and 6.5 of the policy in which people were encouraged to put their name to any concerns they raised.  The Monitoring Officer & Head of Legal & Democratic Services explained that people were encouraged to reveal their name as this made the wrongdoing easier to investigate.  However, there was no requirement for people to disclose their identity. 

8.16    RESOLVED -

(1)      That the new Whistleblowing Policy for the Council (Addendum 1) and the model policy that Schools will be encouraged to adopt (Addendum 2) be approved and referred to Full Council for information.