Whistleblowing Policy

Introduction

All of us at one time or another has a concern about what is happening at work.

Usually these are easily resolved. However, when the concern is about a possible fraud or other criminal activity, sexual harassment, danger, malpractice etc that might affect others or the organisation itself, we would like to hear about it. Other types of concern may include conduct or behaviour that falls short of our Code of Conduct. A longer non-exhaustive list of possible concerns is included below.

Individuals may be worried about raising such a concern and may think it best to keep it to their self, perhaps feeling it’s none of their business or that it’s only a suspicion. They may feel that raising the matter would be disloyal to colleagues, managers or to the organisation. They may decide to say something but find that they have spoken to the wrong person or raised the issue in the wrong way and are not sure what to do next.

The Board and Chief Executive of mhs homes are committed to running the organisation in the best way possible and to do so we need help from everybody. This policy should reassure everyone that it is safe and acceptable to speak up and to enable all to raise any concerns at an early stage and in the right way. Rather than wait for proof, we would prefer people to raise the matter as soon as they have reasonable belief of a concern.

This policy applies to all those who work for us; whether full-time or part-time, employed through an agency or as a volunteer. If anyone has a whistleblowing concern, we want to know.

We want people to use this policy is something is troubling them which they think we should know about or look into. If, however, someone wishes to make a complaint about their employment or how they have been treated, that only affects them, the grievance policy or bullying / harassment policy may be more appropriate- available from the Intranet or by seeking advice from the HR team. If there are concerns about financial misconduct or fraud, it might help to look in our Anti-Fraud, Bribery and Corruption Policy.

This Whistleblowing Policy is primarily for concerns where the public interest is at risk, which includes a risk to the wider public, customers, staff or the organisation itself. See Appendix 1 which gives some detail on whistleblowing vs workplace issues.

Some examples of concerns are (please note this list is not exhaustive):

• Fraud; corruption; breach of contract

• Negligence; danger to health and safety

• Health & Safety issues; pollution

• Unethical conduct and the cover up of any of these issues.

• Safeguarding (including possible abusive actions of staff)

• Sexual Harassment

• Modern slavery

• Criminal activity

• Neglect of vulnerable customers

• Offering, taking, or soliciting bribes

• Misreporting performance data

• Dumping damaging materials

• Money Laundering

• Terrorism

• Bullying witnessed

• Discrimination

• Any issue that could affect our reputation

If in doubt - raise it!

Please note: For those who do not work for us, they are welcome to contact us about a concern using the contact details below, if the public interest is at risk and usual channels to report concerns have not resolved the matter.

Our Assurances to you

Safety

The Board and Chief Executive are committed to this policy. Provided someone is raising a genuine concern, it does not matter if they are mistaken. Of course, we do not extend this assurance to someone who maliciously raises a matter they know is untrue.

If someone raises a genuine concern under this policy, they will not be at risk of losing their job or suffering any form of reprisal as a result. No one raising a genuine concern under this policy will suffer detriment, victimisation, or

We will not tolerate the harassment or victimisation of anyone raising a genuine concern and we consider it a disciplinary matter to victimise anyone who has raised a genuine concern.

The whistleblower will be allocated a designated Whistleblower Liaison Officer. Updates will be provided at intervals agreed with the whistleblower. In sensitive cases, extra support might be required including welfare checks and signposting to additional support. Where a whistleblower is anxious about reprisals or if their identity becomes known, a risk assessment will be completed and appropriate actions taken. A post-investigation monitoring plan for whistleblowers and key witnesses will be put in place for any sensitive cases or where the whistleblower’s identity becomes known. been made knowingly false, maliciously, or for personal

Confidence

With these assurances, we hope people will raise their concerns openly. However, we recognise that there may be circumstances when people would prefer to speak to someone confidentially first. If this is the case, they can tell us this at the outset. If individuals ask us not to disclose their identity, we will not do so without their consent unless required by law. However, there may be times when we are unable to resolve a concern without revealing an individual’s identity, for example where personal evidence is essential. In such cases, we will discuss with the individual whether and how the matter can best proceed.

Please remember that if individuals do not tell us who they are (and therefore are raising a concern anonymously) it will be much more difficult for us to look into the matter. We will not be able to protect their position or to give feedback. Accordingly, it cannot be assumed that we can provide the assurances we offer in the same way if a concern is reported anonymously.

If individuals are unsure about raising a concern, they can get independent advice from Protect (see contact details under Independent Advice).

How to raise a concern internally

Please remember that individuals do not need to have firm evidence of malpractice before raising a concern. However, we do ask that they explain as fully as they can the information or circumstances that gave rise to their concerns.

Step one

If someone has a concern about malpractice, we hope they will feel able to raise it first with their manager or team leader. This may be done verbally or in writing.

Step two

If someone feels unable to raise the matter with their manager, for whatever reason, they should raise the matter with any of the individuals below:

The Chief Executive [email protected]

The Executive Director of Governance and Risk [email protected]

The Chair of the mhs Group Board [email protected]

The Chair of the Finance, Risk and Audit Committee [email protected]

Any of the above individuals can also be contacted via post at mhs homes, Broadside, Leviathan Way, Chatham, ME4 4LL.

These people have been given special responsibility and training in dealing with whistleblowing concerns.

Alternatively, email on [email protected] or call 01634 354034 – this number is a dedicated confidential voicemail system available 24 hours a day. The HR Manager is responsible for accessing all recorded messages.

If someone wants to raise the matter confidentially, they should say so at the outset so that appropriate arrangements can be made.

How we will handle the matter

We will acknowledge receipt of concerns raised within two working days. 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. The investigator will be independent and impartial of the service area. We will inform the whistleblower who will be handling the matter, how you can contact them, and what further assistance we may need.

We will write to the whistleblower summarising the concern(s) and setting out how we propose to handle it and provide a timetable for feedback. If we have misunderstood the concern or there is any information missing the whistleblower will be asked to let us know.

When someone raises a concern, it will be helpful to know how the person raising the concern thinks the matter might best be resolved. If the whistleblower has any personal interest in the matter, we ask that they tell us at the outset. If we think the concern falls more properly within our grievance, bullying and harassment or other relevant procedure, we will let them know.

We will give feedback in writing on the outcome of any investigation. Please note however, that we may not be able to reveal the precise actions we take where this would infringe a duty of confidence we owe to another person.

While we cannot guarantee that we will respond to all matters in the way that individuals might wish, we will strive to handle the matter fairly and properly. By using this policy, it will help us to achieve this.

If at any stage a whistleblower experiences reprisal, harassment or victimisation for raising a genuine concern, they should contact the Executive Director of Governance and Risk ([email protected]) or the HR Manager ([email protected]). A risk assessment will be completed and any adjustments and support required will be given.

Independent advice

If anyone is unsure whether to use this policy or wants confidential advice at any stage, they may contact the independent charity Protect on 020 3117 2520 or by email at [email protected]. Their Advisers can talk through options and help raise a concern about malpractice at work.

Individuals can also contact their union (where applicable) for advice.

External contacts

While we hope this policy gives the reassurance needed to raise concerns internally with us, we recognise that there may be circumstances where concern can properly be reported to an outside body. In fact, we would rather a matter is raised with the appropriate regulator than not at all. Below are the main regulators for mhs and Heart of Medway:

The Charity Commission https://www.gov.uk/guidance/report-serious-wrongdoing-at-a-charity-as-a-worker-or-volunteer email [email protected]

The Regulator of Social Housing https://www.gov.uk/government/collections/regulator-of-social-housing-whistleblowing-reports Tel: 0300 124 5225 or [email protected]

The Health and Safety Executive see Tell us about a health and safety issue - Contact HSE Tel: 0300 003 1647

The Information Commissioner https://ico.org.uk/make-a-complaint/protection-for-whistleblowers-guidance/submit-a-whistleblower-report-1/

The Government provides a list of agencies that you can whistleblow to: https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2/whistleblowing-list-of-prescribed-people-and-bodies

Protect (contacts above) or, if applicable, your union will be able to advise on approaching an external regulator.

Monitoring and Oversight

The Board is responsible for this policy and will review it triennially. The Executive Director Governance and Risk will monitor the daily operation of the policy, keep a register of all whistleblowing reports and present this to the Finance, Risk and Audit Committee quarterly. If you have any comments or questions, please do not hesitate to let the Executive Director of Governance and Risk or HR Manager know.

Data Protection

We will keep a confidential record of your concern in restricted access files. This will be held in accordance with relevant data protection legislation. Where redaction is required it will be done in line with the Redaction Procedure.

Related policies

The policy should be read in conjunction with the following policies Anti-Fraud, Bribery and Corruption; Anti-Money Laundering; Safeguarding; Disciplinary; the Modern Slavery Statement and Code of Conduct.

Details of how the Whistleblowing Policy will be implemented is to be found in the Whistleblowing Procedure.

Training

All staff will receive training on whistleblowing at induction. Training will be given for investigators, HR and line managers on confidentiality, redaction, supporting vulnerable individuals, managing sensitive disclosures and preventing and identifying detriment. Reminders of the policy will be given at least on an annual basis.

Principles

Equality statement

mhs homes has a duty to ensure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

Data protection

mhs homes will only share information that meets the requirements of the Data Protection Act 2018. Confidentiality and impartiality will be exercised by mhs homes at all times.

Feedback

We welcome suggestions and comments from people who use or provide our services. We believe that this can provide some important lessons to help us ensure that the service is improved for everyone.

If you have something to say about this policy or the information that is provided about them, then please let us know. Please refer any comments to the author of this document.

Appendices

Appendix 1 Whistleblowing vs Workplace issues