The Director of Law, HR and Asset Management submitted a report which set out the details of the proposed revised Whistleblowing Policy and procedure.

On 14 April 2011, Cabinet had accepted a report from an independent investigation undertaken by Martin Smith into allegations of bullying and abuse raised by Martin Morton, a former employee in Adult Social Services. The Cabinet resolved, inter alia, to:

“(3) (a) - instructs the Chief Executive Designate to ensure that the Council’s policies in relation to Harassment Bullying and Victimisation (HBV); Grievances; and Whistleblowing are all reviewed as a matter of urgency: with a view to incorporating those changes and improvements recommended by Mr Smith (and all other provisions that officers consider appropriate), to ensure that the policies are up to date and fit for purpose;

(3) (b) - following completion of (a) above, a timely and comprehensive programme of training for all Council managers be put in place to ensure that the revised policies are understood and applied throughout the Authority;

(3) (d) - the Chief Executive takes all necessary action to ensure that Resolution 3(a) (relating to the Council’s corporate governance arrangements for dealing with employees’ complaints) is implemented as soon as practicable;”

The Director’s report addressed specifically the Council’s Whistleblowing policy and procedure. Further reports would follow to this Committee in relation to harassment, bullying and victimisation, grievances, and upon a Council case work system, with details of the training packages to support their effective implementation.

It was critical for the Council to have a clear, robust and transparent policy and procedure for dealing with Whistleblowing disclosures. The revised policy and procedure was designed to strengthen current arrangements and ensure that any concern about the Council’s business matters which could adversely affect service users, employees, and / or the public could be raised and fully investigated without employees fearing the consequences of doing so.

Adoption of the policy and subscription to an external, independent organisation to allow employees to seek advice and guidance on issues of concern would enable the Council to demonstrate its full commitment to the highest standards and integrity of public service.

Responding to comments from Members the Director and Head of HR and OD sought to clarify the roles of the Chief Executive and the Chair of the Audit and Risk Management Committee in the Whistleblowing process. A whistleblower not happy with a response could seek a review of the available evidence through the Chief Executive who might consult with the Chair of the Audit and Risk Management Committee and that, if they, the whistleblower, were still unhappy with any further response there would be the option to refer the matter to an external body, a course of action which was always open to the whistleblower. The Head of HR and OD acknowledged the need for the policy to be more explicit in this regard.

The Leader of the Council suggested that a seminar / workshop could be held for Members on the policy particularly as the Council was now moving into a new era in terms of self-regulation.

The Chair commented that the procedure did guarantee that a whistleblower would not suffer any detriment.

Within the policy at paragraph 2.4, Councillor Green suggested that the word, ‘other’ should be deleted from the bullet point, ‘any other form of improper action or conduct is taking place’.

Resolved -

(1) That the revised Whistleblowing Policy and Procedure be agreed and the comments of Members be noted.

(2) That this Committee recommends that the Council should take out a ‘bespoke’ subscription to Public Concern at Work, a national charity set up to provide support for individuals and organisations, around Whistleblowing issues.