Whistle Blowing Policy

1. Overview

Tigh a'Chomainn Camphill expects all co-workers to disclose information (to “whistleblow”) where they suspect malpractice within the organisation, or elsewhere that breaches legislation or puts people at risk. Tigh a'Chomainn Camphill will protect co-workers from being penalised for disclosing such information in line with the requirements of the Public Disclosure Act 1998.

This policy is aimed at assuring anyone that it is safe to come forward and alert the Tigh a'Chomainn Camphill management team with their concerns. In particular, this policy encourages people to speak up who may be worried that their suspicions might not be justified, or that they or someone else might be victimised. It is essential that people come forward in order to enable Tigh a'Chomainn Camphill to take action, as appropriate, to:

• pre-empt crime or other wrongdoing, where possible

• instigate an appropriate investigation where a crime or something suspicious has taken place

• bring to account the perpetrators

• minimise and contain any adverse impact

• take corrective action to eliminate or significantly reduce the scope for repeat occurrences.

Whistleblowing means alerting someone to malpractice or suspected malpractice within an organisation. This is the way that people can make allegations when Tigh a'Chomainn Camphill’s managers are not dealing with issues that put people at risk. The Public Interest Disclosure Act 1998 protects employees from being penalised for disclosing information about an alleged wrongdoing. Failure to follow this policy will undo the protection afforded to you under the legislation.

All co-workers and residents of Tigh a'Chomainn Camphill should be aware that they have statutory protection against victimisation and dismissal under the Public Interest Disclosure Act 1999, if they speak out genuinely against corruption and malpractice at work.

It is essential for all concerned that disclosures of wrongdoing or irregularity are dealt with properly, quickly and discreetly. This is in the interests of Tigh a'Chomainn Camphill, its co-workers, any persons who are the subject of such allegations, as well as the person making the disclosure. It is recognised that most cases will have to proceed on a confidential basis.

Types of action covered by the policy

• Corruption

• Fraud

• Theft

• Mistreatment of residents, co-workers, foundation students or volunteers

• An unlawful act

• Any danger to health and safety

• A person abusing their position, e.g. unauthorised activity for personal gain

• Damage being caused to the environment (by pollution for example)

• Misuse of Tigh a'Chomainn Camphill’s property

• Inappropriate use of physical intervention

• Operational difficulties that might get in the way of the delivery of safe care

• Practice of colleagues that may be unsafe or adversely affecting standards of care

2. What you need to know

When serious situations arise in the workplace, perhaps about service users’ safety, which give you cause for concern but which are not directly about you or the way you are being treated then this Whistleblowing Policy applies.

For example, if you think people are being put at risk and that our co-workers and managers are not behaving appropriately you could raise these issues under the Whistleblowing Policy.

If the issue is about one person or one team’s behaviour and the manager has not had the opportunity to address the issue, you should raise this issue under Tigh a'Chomainn Camphill’s Grievance Policy and Procedure or Disciplinary Policy and Procedure by sending your allegation in writing. Note a grievance is “an official statement of a complaint over something believed to be wrong or unfair” and whistleblowing is the practice of informing on someone or putting a stop to something.

Guidance will be provided to co-workers to explain how to use Tigh a'Chomainn Camphill’s Grievance, Disciplinary and Whistleblowing Policy and Procedures. If the issue is that you feel you have been treated unfairly at work, you should raise this issue under Tigh a'Chomainn Camphill’s Grievance Policy and Procedure.

3. What you need to do

How to raise a concern

You may raise your concerns orally or in writing, by letter or email. Those who wish to make a written report, should address this to the RSM (unless s/he is the potential transgressor, in which case speak to another manager), are asked to include the following information: the background and history of the concern (giving relevant dates) and the reason why you are particularly concerned about the situation.

The earlier you express the concern the easier it is to take definitive action. Although you are not expected to prove beyond reasonable doubt the truth of an allegation, you will need to demonstrate to the person contacted that there are reasonable grounds for your concern.

Confidential reporting procedure

Confidential reporting is the disclosure or communication of information about possible malpractice by individuals or organisations, either internally or externally. Any suspicion of fraud or other wrongdoing will be treated seriously and will be reviewed and analysed in accordance with the Public Interest Disclosure Act, the Human Rights Act and other relevant Tigh a'Chomainn Camphill policies and procedures.

Thus, any serious concerns that you have about any aspect of service provision or the conduct of co-workers or residents of Tigh a'Chomainn Camphill or others acting on behalf of Tigh a'Chomainn Camphill can be reported under the Confidential Reporting Procedure.

All concerns will be treated in confidence and every effort will be made not to reveal your identity if you so wish. At the appropriate time, however, you may need to come forward as a witness.

Anonymous allegations

Please note: this procedure encourages you to put your name to your allegation whenever possible. Where an individual chooses to report their concerns anonymously, such anonymity will be respected. However, it should be noted that concerns expressed anonymously are much less powerful and will only be considered at the discretion of Tigh a'Chomainn Camphill.

In exercising this discretion, the factors to be taken into account would include the seriousness of the issues raised, the credibility of the concern and the likelihood of confirming the allegation from attributable sources

It should be noted that, if the report suggests criminal activity, and the case is to be pursued by police, the identity of the person reporting the details may be important at a later date if criminal proceedings are to be pursued effectively; identification is preferred and will assist the investigation.

Untrue allegations

If you make an allegation in good faith and you have a reasonable belief in the truth of the allegation but it is not confirmed by the investigation, there will be no recrimination against you.

If, however, you make an allegation frivolously, in bad faith, maliciously or for personal gain, disciplinary action may be taken against you.

What not to do

You must not do any of the following:

• contact the suspected perpetrator in an effort to determine facts or demand restitution

• discuss the case facts, suspicions, or allegations with anyone outside Tigh a'Chomainn Camphill (including the Press) unless specifically asked to do so by the Appropriate Manager or a member of the College

• discuss the case with anyone within Tigh a'Chomainn Camphill other than the appropriate manager or a member of college

• attempt to personally conduct investigations or interviews or question anyone unless asked to do so by the Appropriate Manager or a member of the College

4. Further Steps

Tigh a'Chomainn Camphill will respond to your concerns, and where appropriate, the matters raised may:

• be investigated by management, internal audit, or through the disciplinary process

• be referred to the police

• be referred to the external auditor

• form the subject of an independent inquiry

In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. Concerns or allegations which fall within the scope of specific procedures (for example, vulnerable adults protection or discrimination issues) will normally be referred for consideration under those procedures.

Some concerns may be resolved by agreed action without the need for investigation. If urgent action is required, this will be taken before any investigation is conducted. If the matter is not resolved informally and satisfactorily within 10 calendar days, you should make your concerns known again, but this time in writing, to the appropriate Manager. Within 7 calendar days we will arrange a meeting to discuss your concerns. In advance we will tell you who may be handling the matter, how you can contact him/her and whether your further assistance may be needed.

At the conclusion of this meeting we will set out an agenda to look at any issues raised, and a timescale to carry out the investigation and report back to the College. If you request it, we will write to you summarising your concern(s) and setting out how we proposed to handle it. We will include the following actions:

• 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, and

• telling you whether further investigations will take place and if not, why not.

Should we be unable to satisfy the concerns raised, you are entitled to take the matter to a legal representative, Care Inspectorate or other relevant public officer. You may do this without notifying us first, but only where you have good grounds for not having notified the Appropriate Manager first.

The amount of contact between Tigh a'Chomainn Camphill and you will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, Tigh a'Chomainn Camphill will seek further information from you. Tigh a'Chomainn Camphill accepts that you need to be assured that the matter has been properly addressed. Thus, subject to legal constraints, we will inform you of the outcome of any investigation.

5. References

Codes of Practice; Human Rights Act 1998; Public Interest Disclosure Act 1999