The Council encourages the raising of concerns at the earliest opportunity
The Whistleblowing Policy applies to all workers within the meaning of the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996, including employees and workers, persons contracted to personally provide services to the Council, persons undergoing training or work experience as part of a training course, and agency workers (referred to as “colleagues”).
The Whistleblowing Policy also applies to elected members should they wish to raise a whistleblowing concern. If a disclosure is received about an elected member, it would ordinarily be passed to the Ethical Standards Commissioner to consider and investigate as appropriate.
If a concern or circumstances do not fall under the scope of the Whistleblowing Policy (e.g. a whistleblower is a member of the public or a disclosure is about a service provided by another organisation separate to the Council) then we would still encourage reporting concern(s), but this should be through the most appropriate alternative channel.
Mechanisms for raising other concerns include the Council’s Complaints Process, the Fraud Reporting Portal on the Council’s website (www.edinburgh.gov.uk), direct reports to Internal Audit (InternalAudit@edinburgh.gov.uk) and direct reports to Human Resources.
Important Information Links
Safecall can be used to report concerns relating to:
1. criminal activity.
2. a failure to comply with any legal obligation.
3. miscarriages of justice.
4. danger to health and safety.
5. damage to the environment; and
6. deliberate concealment of any of the above matters.
This is not an exhaustive list and anyone with serious concerns of wrongdoing or danger is encouraged to come forward and voice those concerns. Concerns can be raised in relation to matters that have taken place, continue to take place or are likely to take place in the future. Raising your concerns in this way is called making a disclosure.
Safecall should not be used to report concerns relating to:
1. an immediate threat to life or property. Use the specific Council or your local emergency procedures instead.
2. any grievances or personal employment issues should be raised in line with the Council’s Grievance Policy.
3. personal or legal disputes.
4. accusations which you know are false as doing so may lead to disciplinary measures.
5. specific health and safety accidents and incidents should be reported via the Council’s health and safety incident reporting channels either via the Orb or externally on the Council’s public website.
Frequently Asked Questions
MY CONCERN IS RELATED TO BULLYING, HARASSMENT OR A GRIEVANCE AT WORK, WHAT SHOULD I DO?
A grievance is usually a complaint about something that impacts you as an individual or as a group of colleagues e.g. if you feel you are being treated unfairly at work.
Please raise grievances in line with the Grievance Policy. You can also contact HR for more advice by calling 0131 469 5555 or via the HALO portal.
HOW CAN I MAKE A WHISTLEBLOWING DISCLOSURE?
A whistleblowing disclosure can be made via one of the five following routes:
1. In person or in writing/email to a Manager – We hope that in many cases whistleblowers will feel able to raise any concerns directly with their line manager (or another manager within the Council) or, where appropriate, with HR. They may be able to agree a way of resolving concerns quickly and effectively.
2. In writing/email to the Whistleblowing Team – Whistleblowers can raise concerns with the Whistleblowing Team in the Council by emailing whistleblowing@edinburgh.gov.uk.
3. Telephone Safecall – Whistleblowers can raise concerns by telephoning the external whistleblowing hotline provider, Safecall, 24/7, 365 days a year. Safecall are a separate and independent organisation and can be contacted on 0800 587 8770.
4. Email Safecall – Whistleblowers can raise concerns by emailing Safecall at cec@safecall.co.uk.
5. Safecall’s online portal – Whistleblowers can raise concerns on this portal page by clicking the ‘Share a concern’ button at the foot of this page.
Whichever route is chosen, where a matter is to be considered under the policy, all disclosures will be logged on the Safecall portal.
Once a disclosure is logged on the portal and where possible, the whistleblower will be provided with login details to access their case so they can regularly check for updates and messages. Whistleblowers can submit questions and messages via the portal too. If a whistleblower reported a concern to the Council anonymously then we may not be able to make contact to provide login details.
CAN I RAISE A CONCERN ANONYMOUSLY?
When making a disclosure there are different ways that whistleblowers can provide information:
1. Whistleblowers can speak with us on an open basis. This means that they are happy for anything they tell us to be attributed to them as a named individual. This does not mean that their identity is shared widely, it is on a need to know basis, so will usually only be known by Safecall, the Monitoring Officer, the Whistleblowing Team, the Investigating Officer and the Executive Director for the service who is notified that a disclosure has been received.
2. Whistleblowers can disclose their identity to Safecall but request their name and any identifying details be withheld from the Council – this is called semi anonymous; or
3. Whistleblowers can disclose on a fully anonymous basis, where no-one knows their details. If whistleblowers choose to be fully anonymous then this can sometimes make it more difficult to make contact to request further information if needed to aid the investigation, or to provide them with updates on their case.
If a concern is disclosed directly to Safecall (rather than internally via the Council) then whistleblowers will be provided with login details for Safecall’s portal and will be able to access updates on their case directly.
If we are able to contact a whistleblower via the Safecall portal, then we can request further information if needed to enable an investigation. If a whistleblower makes a disclosure anonymously to the Council (and not to Safecall), for example by anonymous letter, then we will not be able to make contact to request further information or provide updates.
If a whistleblower proceeds anonymously then it is important to be aware that this may limit what we can do to respond to concern(s) as we may not have enough information to conduct a full investigation.
Whistleblowers should be aware that there are also some potential limitations on anonymity, for example a court could order disclosure of information or disclosed information may inadvertently reveal identity and it may not be possible to anonymise fully during an investigation.
If a disclosure raises a concern of criminality or a public safety concern, we may need to report the matter to the relevant authorities.
WHERE IS MY DISCLOSURE RECORDED AND WILL I RECEIVE UPDATES?
However you choose to make your disclosure it will be logged on Safecall’s portal where it will be accessed by the Council’s Whistleblowing Team (within the Governance Team). The Whistleblowing Team will not be able to see any information that you haven’t agreed can be shared with the Council (e.g. your personal details if you have decided to raise your concerns anonymously). Safecall will ensure that your concern is dealt with appropriately and any investigation is thorough and conducted with appropriate independence.
If you raised your concern directly with Safecall (either via their website, via email or the hotline) they will have provided you with login details to access their portal. Access to Safecall’s portal will enable you to ask questions, receive brief updates on your case or respond to questions that may be asked of you to aid any investigations. It is extremely important that you keep hold of your log in details for the Safecall portal, for the duration and until your case is closed.
If you raised your concern internally within the Council (and not with Safecall) and chose to remain fully anonymous then please note that whilst your concern will be logged on the Safecall portal we will not be able to make contact to subsequently provide you with login details for the Safecall portal (as you have chosen to report your concern anonymously and we will not have a route to make contact with you). You will also not receive updates or feedback on your case.
WHAT HAPPENS AFTER A DISCLOSURE IS MADE?
On receipt of a disclosure Safecall’s Operations Director carries out an initial assessment and recommends a course of action for the investigation. The Council’s Monitoring Officer and Whistleblowing Team (part of the Council’s Governance Team) will then review the disclosure and Safecall’s recommendation and the investigation approach is agreed. The typical courses of action that will follow are:
1. Early resolution facilitated discussion – where appropriate and where the whistleblower has indicated that they would be open to this approach they may be contacted to explore if there is potential for the concerns raised to be resolved through facilitated dialogue between parties.
2. Internal investigation – Conducted by an Investigating Officer in the Council, usually from the specialist Investigations Team though on occasion Safecall may recommend that a subject matter expert might be better placed to investigate, e.g. Health & Safety.
3. External investigation – Conducted by an external investigator (outwith the Council) where a disclosure is considered to be particularly complex or significant. This may be Safecall, an external law firm or referral on to an external organisation, e.g. the Police, Care Inspectorate, etc.
The process by which Safecall, in partnership with the Whistleblowing Team and Investigations Team, assesses whether a disclosure is a whistleblowing matter or a matter that should be dealt with under another Council process (e.g. Grievance Policy) is called triage.
Whistleblowers will be informed if a disclosure does not properly fall under the scope of the Whistleblowing Policy. Wherever possible an appropriate route to report a concern will be provided, e.g. to the Council’s Complaints Process, the Fraud Reporting Portal on the Council’s website (www.edinburgh.gov.uk), to Internal Audit (InternalAudit@edinburgh.gov.uk), to Health and Safety or to Human Resources.
For disclosures that do fall within the scope of the Whistleblowing Policy, a Case Officer and an Investigation Officer will be assigned to the case.
Case Officer (CO)
The Case Officer will be a member of the Whistleblowing Team (in the Council’s Governance Team) and will liaise with whistleblowers, the Investigation Officer and Safecall until the case has concluded.
The Case Officer will ensure that the investigation report findings and any recommendations are signed off by the Council’s Monitoring Officer and Safecall before further scrutiny by the Governance, Risk and Best Value Committee (GRBV).
The Case Officer will also monitor the implementation of any management actions or recommendations that may have resulted from the investigation.
Investigation Officer (IO)
The IO will undertake a fact-finding investigation into the concerns raised. That investigation will be dependent on the level of information provided. In the interests of a thorough investigation it is important that whistleblowers provide as much detail as possible – names, dates, places, named witnesses etc.
If investigated internally the IO will aim to complete the investigation phase within 3-6 months of being assigned the case. If investigated externally then the investigation phase may take longer than 6 months. Please also be aware that the sign-off and reporting phase of the process (to the Governance, Risk & Best Value Committee (GRBV)) means that it will take longer to finalise the case overall.
The timescales provided are indicative and not guaranteed. Some disclosures are very complex and may take considerably longer to investigate thoroughly, particularly where, for example, witnesses are not available due to sickness or other absence. Insofar as practicable, you will be kept up to date with progress. All efforts will be made to ensure that the case is concluded as quickly as possible.
Whistleblowers may also be contacted (via any contact details provided or via the Safecall portal) to request clarification on some of the information provided, to provide additional detail/context or to meet with the IO to provide a witness statement.
WHAT IF I AM INVITED TO BE INTERVIEWED AS PART OF A WHISTLEBLOWING INVESTIGATION?
You may be asked to attend whistleblowing interviews to provide further information. In this case you will be given advice about the procedure and we would encourage you to read the Whistleblowing Policy so you are clear on what to expect. You can also ask the Investigation Officer questions if you need clarity on the process.
You may be accompanied by a trade union representative or colleague at any interviews as long as they have no involvement in the whistleblowing matter or related matters, or their involvement would represent a conflict of interest.
During an investigation those investigating the disclosure may need to interview individuals identified as potential witnesses. This might include the Whistleblower, Council colleagues, service users, contractors or partners.
All individuals called upon to participate as a witness in an investigation are required to co-operate fully with an IO, irrespective of whether that is the Service Provider, the Investigation Team, a Council manager, the Monitoring Officer (and/or their team), Internal Audit or an external body e.g. a regulatory body, external audit, Police Scotland.
If an IO requires to meet with a colleague for interview (either in person or virtually), the employee will be given reasonable notice and a mutually convenient time and location agreed, taking into consideration any trade union representation availability.
WILL WHISTLEBLOWERS BE INFORMED ABOUT THE OUTCOME OF THEIR CASE?
Wherever possible the Case Officer will provide feedback on the outcome of the case. Feedback will usually be provided via the Safecall portal and will likely be concise.
Please note – the feedback that Case Officers provide may be limited by the Council’s obligations relating to the sharing of confidential or personal information. This means that the feedback provided may be limited to confirmation that the investigation has concluded, that the outcome has been scrutinised by GRBV and that the IO’s recommendations will now be implemented by the Council. We recognise that this can be frustrating for the whistleblower, who may feel that they need or wish to know more or that receiving a brief update means there hasn’t been a proper investigation or that the Council is ‘covering up’ the disclosed concerns.
We hope that whistleblowers can be assured by the oversight and involvement of Safecall (as an entirely independent external organisation) and the scrutiny of Elected Members (on GRBV), that matters have been properly investigated and any recommended actions will be taken.
It should be noted that where matters are raised through a more appropriate channel (e.g. via one of the HR policies) it is more likely that more detail on the outcome will be able to be shared as those processes are usually more personal to the parties involved.
WILL OTHER PARTIES INTERVIEWED DURING A WHISTLEBLOWING INVESTIGATION BE INFORMED ABOUT THE OUTCOME OF THE CASE?
Wherever possible and where requested, brief feedback on the outcome of a case will be provided to other parties involved in a whistleblowing investigation. Feedback will only be provided on request, not as a matter of course, and via contact details provided to the IO for this purpose.
Please note – the feedback that is provided may be limited by the Council’s obligations relating to the sharing of confidential or personal information. This means that the feedback provided may be limited to confirmation that the investigation has concluded, that the outcome has been scrutinised by GRBV and that the IO’s recommendations will now be implemented by the Council. We recognise that this can be frustrating for other parties involved, who may feel that they need or wish to know more or that receiving a brief update means there hasn’t been a proper investigation or that the Council is ‘covering up’ the disclosed concerns or outcomes.
We hope that other parties involved can be assured by the oversight and involvement of Safecall (as an entirely independent external organisation) and the scrutiny of Elected Members (on GRBV), that matters have been properly investigated and any recommended actions will be taken.
It should be noted that where matters are raised through a more appropriate channel (eg. via one of the HR policies) it is more likely that more detail on the outcome will be able to be shared as those processes are usually more personal to the parties involved.
PRIVACY AND YOUR PERSONAL INFORMATION
The Council and Safecall are committed to protecting and respecting your privacy. For the Council and Safecall to provide the whistleblowing service we need to collect and process information. This information may include your personal data if you are not anonymous or the personal data of others where this is contained in your disclosure.
Further information about how Safecall processes personal data can be found in Safecall’s Privacy Notice or by visiting their website at www.safecall.co.uk.
You may have agreed that Safecall can share your details with the Council or have provided Safecall with personal information that they need to share with the Council. The Council will process your personal information in accordance with the Council’s Privacy Notice that applies to these circumstances The Council’s Privacy Notice is also available on the Council’s public website at www.edinburgh.gov.uk.
Information about your rights in relation to your personal data is also set out in the relevant Privacy Notice. We can provide further details about how the Council collects, stores or uses your personal information on request. Contact details for the Council’s Data Protection Officer are available here or by accessing the Council’s public website www.edinburgh.gov.uk