Whistleblowing Procedure For Civil Servants

PROTECTWhistleblowing and Raising a concernProcedure for Civil ServantsContentsProcess Overview . 2Introduction . 2What is a relevant concern?. 3Raising a concern . 4Taking concerns direct to the Civil Service Commission . 6External disclosures . 6Information needed to raise a concern . 6How the concern will be handled . 7Confidentiality and anonymity . 7Protection . 8Other documents accompanying this Procedure . 8Annex A – Process Overview Flowchart – accessible version . 91procedurewhistleblowing240414issue4FV

PROTECTProcess OverviewAn accessible version of the flowchart is enclosed in Annex A2procedurewhistleblowing240414issue4FV

PROTECTIntroduction1.This procedure outlines the process that civil servants should follow whenreporting a perceived wrongdoing within the department, including somethingthey believe goes against the core values in the Civil Service Code (the Code)i.e. integrity, honesty, objectivity and impartiality. This procedure has beenwritten in accordance with the process set out in the Code and the CivilService Management Code. Under the Code, civil servants have a right and aresponsibility to speak up and report behaviour that contravenes the Code’svalues.2.The reporting of a wrongdoing under this procedure may be covered by thelaw concerning protected disclosures of information. The procedure hastherefore been written with reference to the Public Interest Disclosure Act1998 (PIDA), which offers protection to those in both the private and publicsectors, who ‘blow the whistle’, in certain circumstances. The Directory of CivilService Guidance and the Civil Service Management Code provide moreinformation.3.It is important that this procedure is followed when raising any concerns, toensure that the matter is dealt with correctly. Where a concern is properlyraised under this procedure, the individual will be protected from any unfair ornegative treatment. As set out in this procedure, civil servants can raiseconcerns through a number of internal departmental routes and can alsoapproach the independent Civil Service Commission directly. PIDA protectionmay also apply.4.Separate procedures are available for employees who are not civil servants,for example employees of a Non Departmental Public Body (NDPB). Ifemployees are unsure of which process to use, they should refer to theFrequently Asked Questions (FAQs) or seek advice from their manager /Nominated Officer. Further information on the role of Nominated Officers, andhow they can be contacted, is also available via the FAQ's.What is a relevant concern?5.If an employee is asked to do something, or is aware of the actions of another,which they consider to be wrongdoing/a breach of the values of the Code, theycan raise it using this procedure. The employee must have a reasonable beliefthat raising the concern is in the public interest.6.Employees should not act in bad faith or raise malicious, vexatious orknowingly untrue concerns. Those who raise concerns with a reasonablebelief that raising the concern is in the public interest, will be given protectionunder this procedure.3procedurewhistleblowing240414issue4FV

PROTECT7.This procedure should not be used to raise concerns of a HR/personal nature,for example, complaints relating to a management decision or terms andconditions of employment. These matters should be dealt with using therelevant alternative procedure, for example, the departmental grievanceprocedure. Equally, this policy would not apply to matters of individualconscience where there is no suggestion of wrongdoing by the department butan employee is, for example, required to act in a way which conflicts with adeeply held personal belief.8.If unsure whether a concern should be raised using the Whistleblowingprocedure, further advice is available in the FAQs. Line managers orNominated Officers will also be able to assist.9.A summary of the procedure can be found in the flowchart: Process Overviewat the beginning of this document.Raising a concern10.If an employee experiences something in the workplace which they considerto be in conflict with the Code and/or perceived to be wrongdoing, it isimportant that the concern is raised straight away. Proof is not required as thisis the department’s responsibility. The employee must, however, have areasonable belief that disclosing the information is in the public interest beforeraising a concern externally.11.It is important to follow the correct procedure when raising a whistleblowingconcern. The following steps should be adhered to:12.The concern should, in most instances, be raised with the employee’s linemanager or sent to the line manager/responsible person who will know how tohandle the matter, or where to go if not.13.There may be certain rare occasions, however, when this would beinappropriate because, for example, the concern: may implicate the manager in some way is about a senior manager within the line management chain or somewhereelse in the department is particularly serious and needs to be dealt with as a matter of urgency it is important that the concern is raised with the person best placed to dealwith the matter and with whom the employee feels most comfortable.4procedurewhistleblowing240414issue4FV

PROTECT14.If it is suspected that the concern may implicate the line manager in someway, then it should be raised with another line manager, or somebody moresenior in the line management chain. If you are unable to do this, the concernshould be raised directly with a Nominated Officer.15.If the concern relates to someone senior to the line manager or another seniorperson in the department, it will need to be raised at the appropriate level. Ifan employee feels uncomfortable doing this, the concern should be raised witha Nominated Officer instead.16.If it is felt that the concern is particularly serious and urgent and an employeeis worried that approaching their line manager in the first instance may delaythe resolution of the matter, for example in the case of National Security, thenthe concern should be raised immediately with a senior manager or aNominated Officer.17.Where a concern has already been raised within the line management chain,but the employee feels that is has not been adequately addressed, they canraise the concern with a senior manager or a Nominated Officer.18.If it is believed that the concern is extremely serious and urgent and it cannotbe raised with the line manager, another line manager, Nominated Officer, ora senior manager, then it can be raised with the Director General/NationalStatistician. The concern should only be raised in this way if the employee hasgiven serious consideration to all other internal options. The employee may beasked to explain why they did not raise the concern with their manager orNominated Officer.19.If an employee has used this procedure to raise a concern within thedepartment and does not receive what they consider to be a reasonableresponse, they may raise the concern with the Civil Service Commission (theCommission).20.The Commission is an independent body who can hear and determinecomplaints relating to the Code. For example, if they have been required to actin a way that conflicts with the Code, or observes that another civil servant isacting, or has acted, in a way that conflicts with the Code. The FAQs provideadditional information on the Commission.5procedurewhistleblowing240414issue4FV

PROTECTTaking concerns direct to the Civil Service Commission21.Civil servants can also raise a concern direct with the Civil ServiceCommission. However, where appropriate the Commission expects civilservants to have raised concerns within their own department first. If aconcern is raised directly with the Commission, without it being raised withinthe department first, the Commission will ask why it is not appropriate to raisethe matter internally first. The FAQs for civil servants provide details on how tocontact the Commission. Further information on the Civil Service Commissioncan also be found on the Civil Service gov.uk/External disclosures22.It is important that concerns are raised internally, or with the Civil ServiceCommission, and at the earliest time possible. This will allow the departmentthe opportunity to address and resolve any concerns quickly and by the mostappropriate means. The department is confident that there are sufficientinternal avenues available to deal with any concerns raised.23.Raising a concern outside the prescribed routes listed in this procedure, forexample, with the media, campaign groups, on social media or with politicalparties, is protected by PIDA only in very limited circumstances and could, if itamounts to an unauthorised disclosure, result in disciplinary action. It mayalso breach the Official Secrets Act. Please note that this list is not exhaustive.Information needed to raise a concern24.When raising a concern under the procedure an employee should try toprovide the following information: the background and reason behind the concern whether they have already raised a concern with anyone and the response any relevant dates.25.This information should demonstrate that there are reasonable grounds for theconcern to be acted upon. It is important that matters are not investigated byemployees themselves. Remember, proof is not needed, just a reasonable,honest belief that wrongdoing, including breaches of the core values in theCode, has or is likely to occur.26.If applicable, personal interests must be declared from the outset.27.The department appreciates that this might be a difficult time for employees,who may feel uncertain about how to progress a concern. Support is availableat all stages of the process and a contact list is included in the FAQs. [DN: Itis recommended that departments implement FAQ’s alongside thisproduct. If FAQs are not being implemented, the information fromquestion number 20 should be included here]6procedurewhistleblowing240414issue4FV

PROTECTHow the concern will be handled28.All investigations will be conducted sensitively and as quickly as possible.While the department cannot guarantee that the outcome will be as theemployee may wish, it will handle the matter fairly and in accordance with theWhistleblowing Procedure.29.Once a concern has been raised with the line manager or Nominated Officer,a meeting may be arranged with them to determine how the concern shouldbe taken forward. This may involve an internal inquiry or a formalinvestigation. The department should establish who will be dealing with thematter, for example, the Departmental Security Unit or Health and Safety Unit,and a written confirmation will be sent to the employee, if it has beenrequested. The department will aim to provide this within five working days.However, this may not be possible depending on the nature of the concern.30.If a meeting is arranged, the employee may wish to be accompanied by atrade union representative or a colleague who is not involved in the area ofwork to which the concern relates. The meeting can be conducted over thetelephone rather than face to face.31.The department will aim to update the employee on the progress of theconcern within 28 days where possible. However, in the event of a formalinvestigation or the involvement of police/security, it may not be possible orappropriate to provide full details.32.The department will confirm when the matter is concluded and, if appropriate,the outcome of the investigation, maintaining security and confidentiality for allparties as far as possible.33.Throughout any investigation, the employee will still be expected to continuetheir duties/role as normal unless deemed inappropriate by the organisation.Confidentiality and anonymity34.The best way to raise a concern is to do so openly, as this makes it easier forthe department to investigate and provide feedback.7procedurewhistleblowing240414issue4FV