Agenda item

Report of the Chief Operating Officer (Section 151 Officer)

The Audit and Procurement Committee considered a report of the Chief Operating Officer (Section 151 Officer) which provided the Audit and Procurement Committee with a summary of the concerns raised under the Council’s Whistleblowing Policy during 2022-23 and the Council’s response to the issues, including any organisational learning to prevent similar reoccurrences.

The report indicated that Whistleblowing is the making of a protected disclosure as found in Part IVA of the Employment Rights Act 1996 (and as amended by the Public Interest Disclosure Act 1998) and is reflected in the Council’s Whistleblowing Policy 2017.  This qualifies employees (including agency workers) for legal protection against detriment or unfair dismissal if they make a disclosure in the public interest.  To qualify, the disclosure must also fall within one of the following grounds:

·  A criminal offence

·  Breach of any legal obligation

·  Miscarriages of justice

·  Danger to health and safety

·  Damage to the environment

·  The deliberate concealing of information about any of the above

The Council’s Whistleblowing Policy makes it clear that all concerns raised about actual or potential misconduct or wrongdoing in the Council are taken seriously.  For matters relating to fraud and corruption, these are considered by the Chief Internal Auditor.  All other concerns which fall under one of the grounds listed above are considered by the Council’s Monitoring Officer.

The report provided a summary of the concerns raised under the Council’s Whistleblowing Policy during 2022-23 and the Council’s response to the issues and was presented to the Audit and Procurement Committee in order to discharge its responsibility, as reflected in its terms of refence “to monitor Council policies on whistleblowing and the fraud and corruption strategy”.

In order to protect the confidentiality of whistleblowers and other parties involved, no information is included in this report that could lead to the identification of a whistleblower or the subject of the whistleblowing or compromise the confidentiality of an on-going investigation.

During 2022-23, the Council received six whistleblowing disclosures.  Of these, two were made by a third party and as such, the legal protection afforded to employees who raise concerns does not extend to these individuals. However, the Council considers that any disclosure made by members of the public should be treated in the same way as disclosures made by employees and consequently have made every reasonable effort to protect all individuals under the whistleblowing process.

Action had also been taken during the year to introduce a digital reporting form which can be used to raise concerns alongside other routes and is available on the Council’s website. 

A summary of the disclosures made by type and service area was provided in a Table in the report. Whilst all concerns are taken seriously, the responses will differ on a case-by-case basis. In some cases, if the disclosure has been made anonymously and insufficient details have been provided, the Council may be restricted in the action it can take.  However, typically a preliminary fact-finding investigation will be undertaken which if required, will result in a full investigation and formal action being considered. A summary of the responses to the disclosures made in 2022-23 were provided in a further table.

The report detailed management action taken as a result of the disclosures and indicated that was recognised that the Council’s Whistleblowing Policy should be promoted and easily accessible to employees.  To support this aim, action is currently being taken to review the Council’s “I Have A Concern” intranet page, following which, it will be promoted across the Council. 

RESOLVED that the Audit and Procurement Committee considers and notes the summary of whistleblowing concerns raised during 2022-23 and confirms its satisfaction with the actions taken to respond to the issues raised.