1. Introduction

1.1     

Brighton & Hove City Council is committed to applying the highest standards of openness, honesty, integrity and accountability through the services it provides. However, the council recognises that there is always the risk that things can go wrong. Therefore, the council is keen to encourage those working for the council, its elected and co-opted members and members of the community to express their concerns when they think that there may be something seriously wrong regarding the activities of the council. This gives the council the opportunity to stop any unethical or unprofessional practices or wrongdoing within the organisation.

1.2     

The council recognises that for individuals to come forward, they must have confidence that their concerns will be listened to and that the council will take prompt action to investigate and deal with concerns appropriately.

1.3 

This Policy sets out how concerns about serious wrongdoing by the council can be raised and how the council will respond to these.

1.4     

This Policy is an integral part of, and should be read in the context of, the council’s corporate values, which are:

Respect: Embrace diversity with kindness and consideration and recognise the value of everyone

Collaboration: Work together and contribute to the creation of helpful and successful teams and partnerships across the Council and beyond

Efficiency: Work in a way that makes the best and most sustainable use of our resources, always looking at alternative ways of doing things

Openness: Share and communicate with honesty about our service and ourselves, whenever appropriate. Accept where we have to change in order to improve

Creativity: Have ideas that challenge the ‘tried and tested’, use evidence of what works, listen to feedback and come up with different solutions

Customer Focus: Adopt our Customer Promise for colleagues, partners, members and citizens. Our Customer Promise is that we will be easy to reach, be clear and treat you with respect, listen and act to get things done

1.5     

This Policy incorporates the provisions in the Public Interest Disclosure Act 1998 (as amended by the Enterprise & Regulatory Reform Act 2013) which protect members of staff against detrimental treatment or dismissal for disclosing normally confidential information because they reasonably believe it is in the public interest to do so where they are making a “qualifying disclosure”.

 

2. Benefits of this policy

2.1     

This Policy aims to:

  • encourage and enable you to feel confident in raising concerns and to question and act upon any concerns
  • provide avenues for you to raise concerns
  • ensure that you receive a response to your concerns and that you are aware of how to pursue them if you are not satisfied with the action taken
  • reassure members of staff that they will be protected from repercussions when raising genuine concerns;
  • ensure that all those working for, or on behalf of, the Council are aware that they must not treat individual(s) detrimentally because they have made a “qualifying disclosure” under the Act

3. Scope

3.1     

The types of concern covered by the Policy include:

  • conduct which is an offence or a breach of law, including discrimination or harassment based on or related to a protected characteristic (either yours or someone else’s)
  • disclosures relating to miscarriages of justice
  • individual(s) covering up wrongdoing
  • health and safety risks, including risks to the public as well as other employees
  • damage to the environment
  • the unauthorised use of Council funds
  • action that is contrary to the Council’s financial procedures or contract
  • regulations
  • possible fraud, corruption or financial irregularity
  • practice which falls below established standards or practice
  • sexual or physical abuse of clients
  • other unethical conduct

3.2     

This policy and its associated procedures is not intended to replace any existing council procedures that would be more appropriate for dealing with any concern raised under this policy.

Members of staff

If your concern relates to how you have been personally treated at work as an employee under your contract of employment, you are encouraged to raise it under the Council’s existing grievance procedures.

If your concern relates to bullying or harassment by an officer, then the Council will respond to such concerns under the Council’s Disciplinary Procedure. 

This whistleblowing process provides a means of raising concerns about wrongdoing which affects others (whether other employees, service users and/or the wider public, amongst others) in addition to or instead of the whistleblower themselves.

Members of the public

If you have a concern or complaint about council services provided to you, you should raise this using the Council’s Complaints Procedure. If however you have a concern that could amount to serious wrongdoing, you may raise this using this procedure.

Elected and co-opted members

Members of the Council may raise a concern under this process. If however the complaint concerns the way an elected or co-opted member has behaved, you should raise this using the council’s online complaint form.  

4. Who can raise a concern under this policy

4.1     

This Policy applies to all:

  • employees of the council - excluding schools – see 4.2
  • casual, agency workers and apprentices working for the council
  • contractors and employees of contractors working for the council
  • self-employed consultants working for the council
  • members of the public
  • elected and co-opted members of the council

4.2   

If you are employed in, working with, assisting or based in a Brighton or Hove maintained school, you should raise your concern directly with the school using their Whistleblowing Policy. If you feel unable to raise your concern directly with the School, you may contact a person mentioned in 6.2. However, you should set out why you feel unable to contact the school directly.

5. Supporting you to raise a concern

5.1     

Confidentiality

We hope that you will feel able to voice whistleblowing concerns openly under this policy. However, if you want to raise your concerns confidentially, we will make every effort to keep your identity secret. If the situation arises where we are not able to resolve the concern without revealing your identity (for instance because your evidence is needed in court), we will discuss with you whether and how we can proceed.

5.2     

Staff and Members Raising Genuine Concerns

The council aims to encourage openness and will support those who raise genuine concerns under this Policy, even if they turn out to be mistaken.

Staff and elected or co-opted Members who raise a genuine concern under this policy with a reasonable belief that it is true must not suffer any detrimental treatment as a result of raising the concern.

Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern.

A person who raises a concern under this policy must not be threatened or retaliated against. If you believe that you have suffered any such treatment, you should inform the Head of Human Resources & Organisational Development immediately. If the matter is not remedied, you should raise it formally using the council’s Grievance Procedure or, in the case of elected or co-opted Members, by raising it with the council’s Monitoring officer.

5.3     

Raising Malicious Allegations

However, the council cannot give such assurances and you may be subject to disciplinary action or a formal complaint if you raise a concern maliciously or the information you have used to trigger a concern has been obtained unlawfully, for example either:

  • legal requirements have not been followed, such as Data Protection requirements have been breached 
  • through unauthorised access to records, such ase computer hacking

6. How to raise a concern

Points of contact

6.1     

As soon as you become reasonably concerned, we hope you will feel able to raise it. The earlier you raise your concern, the easier it is to take action.

A flowchart showing the process for raising concerns can be found in Appendix 1.

6.2     

Members of staff

If you are an employee you should normally raise concerns with your line manager. Similarly, non-employees (such as agency workers, contractors, and consultants) should raise a concern in the first instance with their contact within the council, usually the person to whom they directly report.

If you are a member of staff and you want to raise the matter with someone other than your immediate manager, for whatever reason, please raise the matter with:

  • your Head of Service
  • Alison McManamon, Director Human Resources & Organisational Development - 01273 290511
  • Carolyn Sheehan, Audit Manager - Internal Audit and Counter Fraud - 07795 335692
  • Nigel Manvell, Chief Finance Officer – 01273 291319
  • Abraham Ghebre-Ghiorghis, Corporate Director - Corporate Services – 01273 291500 

These people can also advise on confidentiality and further action required.

Alternatively, you may use our dedicated whistleblowing reporting inbox. Send an email to whistleblowing@brighton-hove.gov.uk.

If these channels have been followed but you still have concerns or if you feel that the matter is so serious that you cannot discuss it with any of the above, you may as a last resort contact:

  • Jess Gibbons, Chief Executive - 01273 291 132

6.3     

Members of the public, contractors and members of the council

If you are a member of the public or an elected or co-opted member then you may raise concerns with either:

Alternatively, you may use our dedicated whistleblowing reporting inbox. Send an email to whistleblowing@brighton-hove.gov.uk.

If these channels have been followed but you still have concerns, or if you feel that the matter is so serious that you cannot report it via any of the above, you may contact:

  • Jess Gibbons, Chief Executive - 01273 291 132

The Procedure

6.4     

You may raise your concern orally or in writing. We advise you to make it clear that you are raising your concerns under the council’s whistleblowing arrangements.

6.5     

You are also encouraged to put your name to any concern you raise as this will make it easier for the council to investigate the issue. Please also say if you want to raise the matter in confidence so that the person you contact can make appropriate arrangements.

6.6     

To enable your concern to be dealt with properly and effectively you will need to provide the following information and to be as clear as possible about:

  • what the concern is and to whom it relates
  • the background and history of the concern - giving relevant dates
  • the reason why you are particularly concerned about the situation and why you believe the information to be true

6.7     

When raising a concern you are not expected to prove the truth of an allegation, however, you will need to demonstrate to the person you contact that there are sufficient grounds for the concern.

6.8     

If you are a member of staff, you may invite your trade union representative or a colleague who works for the council to assist or accompany you. Similarly, if you are a member of the public you may be supported by a colleague or friend. Your companion must respect the confidentiality of your disclosure and any subsequent investigation.

6.9

If you want to submit your whistleblowing complaint in writing, you can use whatever form you prefer, including e-mails or submitting hard documents. While it doesn’t have to be in any particular form, you can use the suggested form if you prefer.

 

7. How the council will respond

7.1     

Once a concern is raised, the council will respond to your concern as quickly as possible. The appropriate council manager or officer will make initial enquiries, taking advice from the Director of Human Resources & Organisational Development, if necessary, to help decide if an investigation is appropriate and if so, what form it should take. 

7.2   

The council manager or officer receiving the concern will ensure the Corporate Director - Corporate Services, as the City Council’s Monitoring Officer, is provided with sufficient details to be aware of the concern raised.

7.3     

Where appropriate, the matters raised may:

  • be investigated by management, internal audit, the Monitoring Officer or through the disciplinary process
  • be referred to the Police
  • be referred to the external auditor or form the subject of an independent inquiry

Within 10 working days of a concern being raised, the person handling the matter will write to you acknowledging that the concern has been received, indicating how, as far as possible, it will be dealt with and, if you are a council member of staff, the support mechanisms available to you. You will be kept informed of progress and will receive a full and final response, subject to any legal constraints.

7.4     

When you raise the concern(s) you may be asked how you think the matter might best be resolved. If you have any personal interest in the matter, we ask that you tell us this at the outset. If your concerns would be more appropriately dealt with under another policy of the council (for example, the corporate Complaints Procedure, Anti-Fraud & Corruption Strategy or Grievance Procedure) we will tell you.

7.5     

While the purpose of this policy is to enable us to investigate possible malpractice and take appropriate steps to deal with it, we will give you as much feedback as we possibly can.

7.6     

Concerns or allegations that fall within the scope of specific procedures (for example child protection) will normally be referred for consideration under the relevant procedure. Some concerns may be resolved by agreeing action with you without the need for investigation. If urgent action is required, this will be taken before any investigation is conducted.

7.7     

The council will take all reasonable steps to minimise any difficulties that you may experience as a result of raising a concern. For instance, if you are asked to give evidence in criminal or disciplinary proceedings, the council will arrange for you to receive appropriate advice and support.

8. How your concern can be taken further

8.1     

This Policy is intended to provide you with an avenue to raise concerns with the Council. The Council hopes that you will be satisfied with the way your concerns are treated and any investigations that may be carried out.

However, if you are not, and feel it is right to take the matter outside the council, please find below a list of possible contact points. If you are a member of staff, the Monitoring Officer or the Director of Human Resources & Organisational Development can provide advice as to the other options.

The following are examples of some of the possible contact points:

  • the council’s External Auditors are Grant Thornton.
    • Their address is 30 Finsbury Square, London EC2A 1AG. Phone number 0207 3835100
  • relevant professional bodies or regulatory organisations. A list of regulatory bodies can be found in Appendix 2
  • your trade union - if you are a member of staff
  • a solicitor
  • the Police

8.2     

If you are a member of staff, the law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body. It will very rarely if ever be appropriate to alert the media. We strongly encourage you to seek advice before reporting a concern to anyone external. If you would like independent advice at any stage, you can contact the independent charity Protect. They should be able to give you free and confidential advice about how to raise a concern about serious malpractice at work.

9. The responsible officer

The council’s Monitoring Officer has overall responsibility for the maintenance and operation of this Policy.

10. Corporate recording, monitoring and reviewing

10.1   

The Monitoring Officer has overall responsibility for the maintenance and operation of this policy and for ensuring it is reviewed annually by involving key stakeholders in the process.

10.2   

A corporate register of all concerns and the outcomes that are brought to the attention of the Monitoring Officer (in a form which respects your confidentiality) will be maintained by them. All officers designated to look into a concern must ensure that the Monitoring Officer is provided with sufficient details for the corporate register.

10.3   

The Monitoring Officer will review the corporate register and will report annually to the council’s Audit and Standards Committee on the use of the Policy and concerns raised during the period covered by the report. The report will not identify any person raising concerns under this policy.

11. If you are dissatisfied

11.1   

If you are unhappy with our response, remember you can go to the other levels and bodies detailed in this policy.

11.2 

While we cannot guarantee that we will respond to all matters in the way that you might wish, we will try to handle the matter fairly and properly.

Appendix 1 - Whistleblowing flowchart

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Whistleblowing flowchart explained

If you have a concern you'd like to raise, refer to the council's whistleblowing policy.

Employee

Can you raise your concern with your line manager, a Head of Service or Corporate Director?

If yes:

  1. within 10 working days of receipt your concern will be acknowledged. The investigating person will decide how to progress your concern. 
  2. investigation or inquiry takes place
  3. you are notified of the outcome

If no, can you raise your concern with the Chief Executive? 

If no, seek advice and support. Take your concern to the prescribed person, regulator or other external body.

If yes:

  1. within 10 working days of receipt your concern will be acknowledged. The investigating person will decide how to progress your concern.
  2. investigation or inquiry takes place
  3. you are notified of the outcome

Are you satisfied with the outcome?

If no, did you raise your concern with the Chief Executive?

If no, raise your concern with the Chief Executive

If yes, seek advice. Take your concern to the prescribed person, regulator or other external body

Are you satisfied with the outcome?

If no, seek advice. Take your concern to the prescribed person, regulator or other external body

Member of the public or elected or co-opted member

Can you raise your concerns with the Audit Manager - Internal Audit and Counter Fraud, or the Corporate Director - Corporate Services?

If yes:

  1. within 10 working days of receipt your concern will be acknowledged. The investigating person will decide how to progress your concern.
  2. investigation or inquiry takes place
  3. you are notified of the outcome

If no, can you raise your concern with the Chief Executive? 

If no, seek advice and support. Take your concern to the prescribed person, regulator or other external body.

If yes:

  1. within 10 working days of receipt your concern will be acknowledged. The investigating person will decide how to progress your concern.
  2. investigation or inquiry takes place
  3. you are notified of the outcome

Are you satisfied with the outcome?

If no, did you raise your concern with the Chief Executive?

If no, raise your concern with the Chief Executive

If yes, seek advice. Take your concern to the prescribed person, regulator or other external body

Are you satisfied with the outcome?

If no, seek advice. Take your concern to the prescribed person, regulator or other external body

 

Regulatory and professional and other external organisations

Health & Safety and Environment Risks

Environmental Agency

You can contact the Environmental Agency by:

  • the Environmental Agency website
  • phone 0370 8506506
  • write to:
    • Solent and South Downs Area Office, Guildbourne House, Chatsworth Road, Worthing, Sussex, BN11 1LD - (South East regional office)

Health & Safety Executive

You can contact the Health & Safety Executive by:

Food Standards Agency

You can contact the Food Standards Agency by:

Consumer Rights

The Serious Fraud Office

You can contact The Serious Fraud Office by:

Data Protection and Freedom of Information

Information Commissioner’s Office

You can contact the Information Commissioner’s Office by:

Healthcare and Social Services

Care Quality Commission

You can contact the Care Quality Commission by:

Health and Care Professions Council

You can contact the Health and Care Professions Council by:

The National Society for the Prevention of Cruelty to Children (NSPCC)

You can contact The National Society for the Prevention of Cruelty to Children (NSPCC) by:

Children’s Commissioner

You can contact the Children’s Commissioner by:

Health and Care Professions Council

You can contact the Health and Care Professions Council by:

  • phone 0845 3006184
  • write to:
    • Park House, 184 Kennington Park Road, London SE11 4BU

Nursing and Midwifery Council (NWC)

You can contact the Nursing and Midwifery Council (NWC) by:

General Medical Council (GMC)

You can contact the General Medical Council (GMC) by:

Regulator of Social Housing

You can contact the Regulator of Social Housing by:

Other Organisations

The Local Government Ombudsman

You can contact The Local Government Ombudsman by:

Commissioners for Her Majesty’s Revenue & Customs (HMRC)

You can contact the Commissioners for Her Majesty’s Revenue & Customs (HMRC) by:

Ofsted

You can contact Ofsted by:

  • the Ofsted website
  • phone 0300 123 1231
  • write to:
    • Piccadilly Gate, Store Street, Manchester, M1 2WD

Pensions Regulator

You can contact the Pensions Regulator by:

Police

You can contact the Police by:

Your local councillors

You can contact your local councillors by: