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Whistleblowing Policy

Introduction

 

The Whistleblowing Policy aims to offer guidance to facilitate and support to CTS Training staff and learners to safely raise complaints/concerns that may arise.

 

An important aspect of the process is assuring and maintaining confidentiality which will be always guaranteed. However, due to the nature of some situations there are occasions where anonymity cannot be guaranteed.

 

Whistleblowing is relevant to all organisations and the people who work or study in them. All staff and learners have a role and responsibility in highlighting or communicating issues or concerns that present risks to an organisation, its staff, and learners. When a risk occurs, often one of the first people to suspect or realise that something is wrong may be a learner. However, the learner may not feel they are the best person or in the best position to whistle blow or they may lack confidence in raising the issue. It is the aim of this policy and procedure to enable and support staff and learners in identifying and taking appropriate action should such situations arise.

 

Policy Statement

 

CTS Training recognises its responsibilities under the Public Interest Disclosure Act (‘Whistleblowing’ Act 1999) that staff and learners are permitted to speak freely without fear of disciplinary action, victimisation, or discrimination. This extends to providing processes that facilitate and support staff and/or learners to raise legitimate issues/concerns related to their programme.

 

CTS Training acknowledges the relative powerlessness and vulnerability of learners who may be undergoing a process of assessment by staff during their programme. CTS Training takes seriously its responsibilities towards learners and regards it as important that learners can voice their concerns and that their interests are safeguarded as far as possible.

 

Definitions

 

Whistleblowing - is when a report is made about a suspected wrong doing which is in the public interest. This is referred to as making a disclosure in the public interest. A whistleblower is someone who raises serious concern about wrong doing or malpractice so that problems can be identified and resolved quickly.

 

Workers - this includes all employees of CTS Training, including apprentices and any casual workers, home-based workers, and employees of sub-contractors.

 

Protected Disclosure - protected or qualifying disclosures are disclosures of information where the worker reasonably believes (and it is in the public interest) that one or more of the following matters is either happening, has taken place, or is likely to happen in the future, and there is a reasonable belief that it is in the “public interest” for protection to apply:

 

  • A criminal offence.

  • The breach of a legal obligation.

  • A miscarriage of justice.

  • A danger to the health and safety of any individual.

  • Damage to the environment.

  • Deliberate attempt to conceal any of the above.

 

All organisations should ensure they are doing their “reasonable best” to manage themselves and their staff, customers and/or service users against risk and harm.

 

For this policy, risk is defined as “any situation that the staff member or learner is involved in which gives rise for concern for any of the parties involved.”

 

The management of risk also aims to: 

 

  • Provide a rapid process/system to support staff and/or learners who have experienced an adverse event.

  • Reduce possible harm to client groups.

  • Reduce possible harm to the organisation.

  • Improve the learning environment.

  • Reduce possibility of harm to the staff member or learner.

 

Allegations and Reporting Procedure

 

The procedure for managing a concern/complaint raised by a learner whilst on (or following) a programme of learning, or a staff member is as follows:

 

  • A learner who has a concern whilst on (or following) a programme of learning, who may have/share the concern, must raise it immediately with their Tutor.

 

  • Alternatively, should a member of staff feel on reflection, that they have an issue of concern, it would be appropriate to raise this concern at the first available opportunity, with their line Manager.

 

  • If the issue is resolved at this stage, no further action is required.

 

  • If the cause for concern is not resolved, the Tutor/Manager is to report to the CEO within 2 working days and will provide support to the relevant party, whilst an investigation is undertaken.

 

  • Following completion of the investigation the CEO will inform all relevant stakeholders of the outcomes and any actions required as consequence of the investigation.

 

Confidentiality

 

All staff will maintain confidential records, monitor all risk incidents, and report any trends/findings to the Board of Directors of CTS Training. A staff member making a disclosure under this procedure can expect their matter to be treated confidentially by CTS Training and, where applicable, their name will not be disclosed to anyone implicated in the suspected wrong doing, without their prior approval. CTS Training will take reasonable steps to ensure that any report of recommendations, or other relevant documentation, produced by CTS Training does not identify any staff member making the disclosure without their written consent, or unless CTS Training is legally obliged to do so, or for the purposes of seeking legal advice.

 

Further Information

 

The UK government sets out guidance regarding whistleblowing for employees and more information can be found at www.gov.uk/whistleblowing.

 

Further information of how to make a direct disclosure can to the ESFA can be found at www.gov.uk/guidance/how-esfa-handles-whistleblowing-disclousures.  

 

How to Make a Disclosure to the ESFA

 

To complain or make a disclosure about a post-16 education or training provider, please email complaints.esfa@education.gov.uk or send a letter to:

 

Customer Service Team
Education and Skills Funding Agency
Cheylesmore House
Quinton Road
Coventry CV1 2WT

 

Protect - Concerns Over Whistleblowing

For further free and confidential guidance, individuals and organisation can use the Protect website which is a free whistleblowing charity which protects people potentially involved in a potential whistleblowing case. The website is www.protect-advice.org.uk.

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