Whistleblowing

Whistleblowing is intended to cover concerns that fall outside of issues dealt with under the Complaints procedure.

Definition:
Whistleblowing is when someone passes on information, which they reasonably believe shows wrongdoing or a cover-up by that organisation. For example, the information may be about activity that is illegal or that creates risks to the health and safety of others. The concern may relate to something that has happened, is happening or that a person may fear will happen in the future.

As a first step, foster carers should normally raise concerns with their supervising social worker or the supervising social workers’ manager. This depends, however, on the seriousness and sensitivity of the issues involved and who is thought to be involved in the malpractice. If it is considered inappropriate to raise concerns with these support staff, foster carers may choose to raise concerns with senior management instead.

Concerns are better raised in writing. Foster carers are invited to set out the background and history of the concern, giving names, dates and places where possible, and the reasons why they are particularly concerned about the situation. If foster carers do not feel able to put the concern in writing, they can telephone or meet the appropriate officer. The appropriate officer will either read out or show the foster carer a written record of the conversation so that the foster carer can confirm that the details of the concern are fully and properly recorded.

The earlier a concern is expressed, the easier it is to take action.

Although the complainant is not expected to prove the truth of the allegation, they will need to demonstrate to the person contacted that there are sufficient grounds for the concern.

The Fostering Network can be invited to raise a matter on a foster carers behalf, and they can be contacted at:

87 Blackfriars Road,
London
SE1 8HA

Tel: 020 7620 6400

Before making a disclosure, or at any time during the process, you can contact support organisations for advice – see Further Information.

The decision to report a concern can be a difficult one to make, not least because of the fear of reprisal. Harassment, bullying or victimisation of a "Whistleblower" will not be tolerated.

You should raise concerns confidentially or openly and without fear of any comeback.

There is an existing complaints procedure, a My Voice Matters Care Review system and Child Protection Procedures, all of which enable foster carers to make complaints about inappropriate staff behaviour towards them and raise issues about foster children placed with them. This Whistleblowing Policy is intended to cover concerns that fall outside the scope of these procedures.

The concern could be about something that:

• Is unlawful or illegal; or
• Is a miscarriage of justice; or
• Against the organisation's policies
• Falls below established standards or practice; or
• Amounts to improper conduct; or
• Endangers the health and safety of any person; or
• Attempts to conceal any of the above.

Anonymous allegations

This policy encourages complainants to put their name to an allegation. Concerns expressed anonymously are much less powerful, but they will be considered at the discretion of the Council.

In exercising the discretion to make a complaint anonymously, 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.

Untrue allegations

If an allegation is made in good faith, but it is not confirmed by the investigation, no action will be taken against the complainant. If, however, malicious or vexatious allegations are made, a review of approval as a foster carer may occur.

How the council will respond

The action taken by the Council will depend on the nature of the concern. The matters raised may:

• Be investigated internally;
• Be referred to the Police;
• Be referred to the external Auditor;
• Be referred to Ofsted;
• Form the subject of an independent inquiry.

In order to protect individuals and the Council, initial enquiries will be made to decide whether an investigation is appropriate. Concerns or allegations which fall within the scope of specific procedures (for example, child protection) will normally be referred for consideration under those procedures.

Some concerns may be resolved by agreed action without the need for investigation.

Within ten working days of a concern being received, the Council will write to the complainant:

• Acknowledging that the concern has been received;
• Indicating how it proposes to deal with the matter;
• Giving an estimate of how long it will take to provide a final response;
• Telling them whether any initial enquiries have been made; and
• Telling then whether further investigations will take place, and if not, why not.

The amount of any contact between the person investigating the issues and the complainant will depend on the nature of the matters raised, the potential difficulties involved, and the clarity of the information provided. If necessary, further information will be sought from the complainant.

When any meeting is arranged, the complainant has the right if they so wish to be accompanied by a Fostering Network representative or a friend who is not involved in the area of work to which the concern relates.

The Council will take steps to minimise any difficulties which may be experienced as a result of raising a concern. For instance, if a foster carer is required to give evidence in criminal or disciplinary proceedings, the Council will advise them about the procedure.

The Council accepts that complainants need to be assured that the matter has been properly addressed. Therefore, subject to legal constraints, the complainant will receive information about the outcomes of any investigations.

If you feel that your concern has not been satisfactorily addressed and that there are no further avenues for pursuing the matter within the Fostering Service, then you can make a disclosure to a prescribed external body, including:

Children's Commissioner for England

Contact them about matters relating to the rights, welfare and interests of children in England.

The Office of the Children's Commissioner
Sanctuary Buildings
20 Great Smith Street
London
SW1P 3BT

Tel: 020 7783 8330
E-mail: info.request@childrenscommissioner.gov.uk
Website: www.childrenscommissioner.gov.uk

Ofsted

Contact them about matters relating to regulation and inspection of children's social care.

Ofsted
Piccadilly Gate
Store Street
Manchester
M1 2WD

Tel: 0300 123 3155
E-mail: whistleblowing@ofsted.gov.uk

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

Contact them about matters relating to child welfare and protection.

NSPCC
Weston House
42 Curtain Road
London
EC2A 3NH

Tel: 0800 028 0285

This phoneline is staffed 365 days a year:

• Mon-Fri (incl. bank holidays) 8am to 10pm;
• Weekends 9am to 6pm.

E-mail: help@nspcc.org.uk
Website: www.nspcc.org.uk/keeping-children-safe/reporting-abuse/dedicated-helplines/whistleblowing-advice-line/

The Health and Safety Executive

Contact them about the health and safety of individuals at work, or the health and safety of the public arising out of or in connection with the activities of persons at work.

Tel: 0300 003 1647
Online form: www.hse.gov.uk/contact/concerns.htm

Social Work England

Contact them about matters relating to the registration and fitness to practise of a social worker.

1 North Bank
Blonk Street
Sheffield,
S3 8JY

Tel: +44 (0)808 196 2274
E-mail: enquiries@socialworkengland.org.uk
Website: socialworkengland.org.uk

Health and Care Professions Council

Contact them about matters relating to the registration and fitness to practise of a member of a profession regulated by the Health and Care Professions Council, or any other activities in relation to which the Council has functions.

Health and Care Professions Council
Park House
184-186 Kennington Park Road
London
SE11 8BU

Tel: 0845 300 6184
Website: www.hcpc-uk.org

If you raise concerns which are found to be malicious, a review of your approval may happen.

Concerns which come under another procedure e.g. Child Protection will normally be referred and dealt with under the Local Multi-Agency Safeguarding Children Procedures. Where you consider that a child protection matter has arisen within the Fostering Service  and has not been dealt with appropriately, you can make a disclosure under this Whistleblowing procedure, or make a report to the relevant local authority or to Ofsted (contact details as above).

Protect - Speak up, stop harm - Free, confidential whistleblowing advice

NSPCC Whistleblowing Advice Line - Support for professionals who are worried about how child protection issues are being handled in their workplace.

Whistleblowing for Employees (GOV.UK)

Speak Up - Support for NHS and Social Care Employees and Managers

Raising Concerns with Ofsted about children's social care services: Policy and guidance for whistleblowers (GOV.UK)