Whistleblowing

As soon as you reasonably believe you have a serious concern, you should report it using one of the following methods:

• To your line manager directly, either in writing or verbally;
• To a WRO directly, either in writing or verbally;
• Submit a Making a whistleblowing report form online
• Via email to whistle@west-norfolk.gov.uk

Both the email address and online form submissions are monitored by the WROs.

If you feel that none of these routes are appropriate, please use one of the alternative options below.

If possible, please raise your concerns in writing, to ensure those conducting investigations properly understand and investigate the allegations. Written allegations should as far as possible include the background, history and nature of the concern (including names, dates and locations if known) and the reason why you are concerned about the situation.

If it is not possible to provide a written summary above, you can raise your concern either by telephone or by meeting the appropriate officer as set out above.

You should make clear at the outset whether you would prefer your identity to be kept confidential. See the 'Confidentiality of your identity' section of our Your safeguards as a whistleblower page.

Where you have a genuine concern, you should not:

• Do nothing;
• Be afraid to raise the concerns – you will not suffer any recriminations from the Council as a result of raising a legitimate concern;
• Directly approach or accuse individuals you have concerns about;
• Try to investigate the matter yourself. There are special rules surrounding the gathering of evidence for use in criminal cases. Any attempt to gather evidence by anyone not familiar with these rules could destroy the case;
• Convey your concerns to anyone not in the list above (there is a duty to maintain the confidentiality of the matter under investigation).
  • NB an employee may invite a trade union representative or work colleague to report the matter on their behalf.
  • Members may wish to consult their party Leader before raising the matter, but again should do so in general terms so as to maintain the confidentiality of the matter under investigation.

The earlier a concern is raised, the easier it is for the Council to take action.

Reports concerning Senior Staff

Any concerns which relate to the Chief Executive should be raised with the Leader of the Council (or if unavailable, the Deputy Leader).

Any concerns which relate to a WRO may either be raised with the other WROs, or with the Chief Executive.

Whistleblowing outside the Council - Prescribed Persons

The Policy and this procedure are intended to provide an avenue to raise concerns within the Council. However, if you feel that this is not appropriate, there is a list of Prescribed Persons who may accept a whistleblowing report. These are mainly regulatory bodies, for example the Care Quality Commission, OFSTED, Health and Safety Executive, Charity Commission, but also include the Council’s external auditors:

Ernst & Young LLP
One Cambridge Business Park
Cambridge
CB4 0WZ
Email: driglar@uk.ey.com

The current list of Prescribed Persons can be found on the gov.uk website (search under “whistleblowing”).

If you choose to take this route, we strongly advise that a disclosure should only be made if it is reasonably believed that the information provided is “substantially true” – this means that more evidence will need to be provided to back up the case than for an internal disclosure. If there is any doubt about which route to take, it is recommended that the Prescribed Person be contacted first for advice (without initially naming the employer or providing specific details) or speak to a professional Trade Union Association.

Whistleblowing outside the Council - Other External Agencies

There may be circumstances in which an external disclosure could be made to another person or organisation, for example the Police, a union official, an MP or the media. It will rarely be appropriate to alert the media in the first instance.

The law is complex for this type of disclosure. In order for a report to be a “protected disclosure”, the following conditions must all be met:

• The individual reasonably believes that the allegation is substantially true;
• The disclosure is not being made for purposes of personal gain; AND
• It is reasonable (see below) in the circumstances for the disclosure to be made to someone other than the Council or a prescribed person.
• In addition, one of the following three conditions must also apply:
• There is a reasonable belief of victimisation if the matter is raised internally;
• There is a reasonable belief that there is likely to be a cover-up if the matter is raised internally; or
• The matter has already been raised internally or with a Prescribed Person

What makes an external disclosure “reasonable” includes things like the seriousness of the allegation, the likelihood of the risk or damage continuing in the future and the action taken by the Council or a Prescribed Person if they have already disclosed the matter to them. If a disclosure has already been made to the Council or a Prescribed Person, any action already taken should be known before considering taking the matter further.

We strongly encourage you to seek advice before reporting a concern to anyone external.

Disclosure will not be protected if an offence has been committed in making it.