This policy applies to all staff who work for The Care Worker Agency, whether full-time or part-time, self-employed, employed through an agency, as a volunteer or as a contractor.

Policy

The purpose of this policy and procedure is to outline ways in which all employees can express concerns about malpractice/wrongdoing and to encourage employees to raise these at an early stage and in an appropriate way in line with the Public Interest Disclosure Act 1998.

The Care Worker Agency is committed to managing the organization in the best way possible. This policy is in place to reassure staff that it is safe and acceptable to speak up and enable concerns to be raised at an early stage and in the right way. Rather than wait for proof, we would prefer you to raise the matter when it is still a concern. It can be difficult to know what to do when these concerns are about unlawful conduct, financial irregularities, abuse of patients, dangers to the public or environment, health and safety issues, or if you feel these issues are being inappropriately concealed.

This policy does not apply to complaints about employment or how you have been treated. For cases such as this, the Grievance Procedure or should be used. There are also a range of policies and procedures that cover issues such as recruitment/selection, health and safety and staff are advised to refer to these when considering a disclosure under this policy.

Definitions

Whistleblowing: The official name for Whistleblowing is 'making a dis- closure in the public interest'. It means that if you believe there is wrong- doing in your workplace, you can report this by following the correct processes and your employment rights are protected.

Malpractice - could be improper, illegal or negligent behavior by anyone in the

workplace.

Aims and Objectives

The Whistle Blowing' Policy is intended to cover serious public interest concerns that fall outside the scope of other procedures. These, as stated in the Act are that in the reasonable belief of the employee, the following matters are either happening now, have happened, or are likely to happen: -

• A criminal offence
• The breach of a legal obligation
• A miscarriage of justice
• A danger to the health and safety of an individual
• Damage to the environment
• Deliberate covering up of/failing to report information tending to show any of the above 5 matters.

IF IN DOUBT - RAISE IT! 

Whistle Blowing Procedure

How to raise a concern

If you are unsure about raising a concern at any stage you can get independent advice from your trade union representative or Public Concern at Work (PCAW). However, we do ask that you explain as fully as you can the information or circumstances that gave rise to your concern.

Internal Stages

Once you have reported your concern, we will assess it and consider what action may be appropriate. This may involve an informal review, an internal inquiry or a more formal investigation. We will tell you who will be handling the matter, how you can contact them and what further assistance we may need from you.

When you raise the concern it will be helpful to know how you think the matter might best be resolved. If you have any personal interest in the matter, we do ask that you tell us at the outset. If we think your concern falls more properly within our grievance or other relevant procedure, we will inform you accordingly.

The following stages will normally apply.

Stage 1

If you have a concern about a risk, malpractice or wrongdoing at work, we hope you will feel able to raise it firstly with your line manager or Registered Manager. This may be done verbally or in writing. You may involve a Trade Union Representative, a friend or a colleague at this stage, providing that that person is not involved in the investigation.

Managers must help to create a climate where staff feel able to talk in confidence without the threat of disciplinary action being taken against them. The manager will identify the nature of the issue by undertaking a preliminary investigation.

Stage 2

If stage 1 of the investigation and any resultant action does not resolve the matter, or if a concern involves the immediate line manager, the member of staff should raise the concerns with the Responsible Person. Where concerns are raised with the designated officer, they will arrange an initial interview which will, if requested, be confidential to ascertain the areas of concern. At this stage, you will be asked whether you wish your identity to be disclosed and will be reassured about protection from possible victimization. You will also be asked if you wish to make a written statement. In either case, the designated officer will write a brief summary of the interview, which will be agreed by both parties.

The Formal Investigation

If the concern raised is very serious or complex, a formal investigation may be held. The investigation may need to be carried out under the terms of strict confidentiality i.e. by not informing the subject of the complaint until it becomes necessary to do so. In certain cases, however, such as allegations of ill- treatment of patients/clients, suspension from work may have to be considered immediately. Protection of patients/clients is paramount in all cases.

The designated officer will offer to keep the member of staff informed about the investigation and its outcome.

If the result of the investigation is that there is a case to be answered by any individual The Care Worker Agency Disciplinary Policy will be used and the details discovered by the formal investigation, transferred to that process.

Where there is no case to answer, but the employee held a genuine concern and was not acting maliciously, the designated officer will ensure that the employee suffers no reprisals.

If there is no case to answer but there is evidence that the allegation was made frivolously, maliciously or for personal gain, disciplinary action will be taken against the complainant.

The matter will be dealt with promptly at each stage. Where appropriate, immediate steps will be taken to remedy the situation as soon as practicably possible. A final outcome may take more time but a final resolution/outcome at each stage should be available within ten working

days.

Following the investigation 

The Director will advise the designated officer as to the possible options open to The Care Worker Agency as a result of the outcome of the investigation. The designated officer will then arrange a meeting with the member of staff (where the identity has been disclosed) to give feedback on any action taken. (This will not include details of any disciplinary action, which will remain confidential to the individual concerned). The feedback will be provided as soon as possible. If the member of staff is not satisfied with the action taken/not taken The Care Worker Agency recognizes the lawful rights of employees and ex-employees to make disclosures to prescribed persons (such as the Health & Safety Executive, the Audit Commission, or the utility regulators, or, where justified.

Complaints about the Director's

In the event that the concern is about the Directors of the company, this concern should be made to the CQC or Sefton Safeguarding Team, by either the member of staff or their manager. The CQC or Sefton Safeguarding Team will provide guidance and support on how the complaint will be handled and investigation will proceed.

Raising Concerns with outside bodies

The purpose of this policy is to ensure that staff are aware of the way to raise their concerns in-house and for staff to see that action is taken promptly to remedy a particular situation. It is hoped that this procedure will give The Care Worker Agency's staff the confidence to raise concerns internally.

However, it is recognized that there may be circumstances where staff may feel they wish to report matters to outside bodies such as the Police, the Secretary of State for Health or, if the concern is about fraud and corruption. If members of staff are contemplating making a wider disclosure they are strongly advised to first seek further specialist guidance from professional or other representative bodies.

The Care Worker Agency also recognizes that staff may, after taking account of advice, wish to continue to raise their concerns using other avenues. These might include MPs or the Media. Staff should bear in mind that this action, if done unjustifiably could result in disciplinary action and could undermine public confidence in the service.

However, disclosure may attract statutory protection from victimization/other detriment where all of the following apply:

• They have an honest and reasonable suspicion that the

malpractice/wrongdoing has occurred, is occurring, or is likely to occur;

• They honestly and reasonably believe that the information and any

allegation contained in it are substantially true;

• The disclosure has not been made for personal gain;
• The matter was exceptionally serious.

Independent Advice

If you are unsure whether to use this policy or you want confidential advice at any stage, you may contact any of the following:

Trade Union or Professional Organization

A statutory body such as the NMC for Nursing, Midwifery and Health Visitors, the GMC or the Health Professions Council

The independent charity Public Concern at Work on 0207404 6609 or by email at helpline@pcaw.co.uk. Their lawyers can talk you through your options and help you raise a concern at any stage about how to raise a concern about serious malpractice or wrongdoing at work.

Confidentiality to Clients and your employer

As a member of The Care Worker Agency staff and in accordance with professional codes of practice, you have a duty of confidentiality to our clients. Subject to the provisions of the Public Interest Disclosure Act, unauthorized disclosure of personal information about any patient will be regarded as a most serious matter, which will warrant disciplinary action. This applies even when you believe that you are acting in the best interests of a patient by disclosing personal information. You should always therefore act in a way which minimizes the chance of any individual patient being identified. Following the Caldecott guidelines for advice.

As an employee you also have an implied duty of confidentiality and loyalty to The Care Worker Agency as the employer. Subject to the provisions of the Public Interest Disclosure Act, breach of this duty may result in disciplinary action.