Whistleblowing policy

aims of this policy

This policy sets out the process for reporting a concern about an improper action or omission by someone who is working at or with I Can Be that may cause harm to others or to the Charity. It aims to provide a clear framework for concerns to be raised, acted on and resolved in a reasonable, appropriate and controllable way.

scope of this policy

This policy applies to all I Can Be Trustees, staff, volunteers and third-parties who are working with the Charity.

A public interest disclosure (or ‘whistleblowing’) may relate to:

  • a criminal offence

  • a failure to comply with any legal obligation or statute

  • a failure to protect children or vulnerable adults

  • a miscarriage of justice

  • a health and safety risk to an individual

  • damage to the environment

  • financial malpractice, impropriety or fraud

  • improper conduct or unethical behaviour

  • an attempt to conceal any of the above.


Principles of whistleblowing

Any criminal behaviour or other wrongdoing by anyone who is working with I Can Be must be reported immediately and dealt with fully and properly.

I Can Be is committed to being open, honest and accountable. We encourage a free and open culture between Trustees, staff, volunteers and third-parties. We commit to making sure people do not feel at a disadvantage for raising legitimate concerns. People can raise any serious or sensitive concerns about wrongdoings with confidence and without fear of being victimised, discriminated against or disadvantaged as a result.

It is not necessary for the person who raises a concern to prove that the wrongdoing has or is likely to occur. However, any disclosure must be made ‘in good faith’. If someone knowingly or maliciously makes an untrue allegation, where applicable, I Can Be will take appropriate disciplinary action against them. A person will also not be protected from the consequences of making a disclosure if by doing so they commit a criminal offence.

This policy does not cover any complaint or grievance that a staff member may have about their employment – that is instead covered by the I Can Be Disciplinary and grievance processes policy.


Reporting a concern

A concern should be reported in the following way:

  • Trustees should first report their concern to the Chair of Trustees

  • the Chair of Trustees should first report their concern to another member of the Board of Trustees

  • staff should first report their concern to the Director

  • the Director should first report their concern to the Chair of Trustees

  • volunteers should first report their concern to their main contact at I Can Be

  • third-parties should first report their concern to the Director.

If the relevant person listed above cannot deal with the matter, they will refer the concern on to another person with authority at I Can Be (such as the Chair of Trustees or the Director).

People are encouraged to raise their concerns in writing where possible, setting out the background to their concerns (giving names, dates and places where possible) and the reasons for their concerns.


Confidentiality

If a concern is raised, I Can Be will take appropriate action to protect the individual who has raised it from any harassment, victimisation or bullying, in line with the I Can Be Bullying and harassment policy.

The matter will be treated confidentially, if the person requests that. Their name will not be revealed without their permission, unless I Can Be has to do so by law or if it hinders or frustrates any investigation. If the concern cannot be resolved without revealing the individual’s identity, the person who is leading the investigation will discuss with them whether and how to proceed.


Procedure

How a concern is dealt with will depend on what it involves. It is likely that further enquiries and investigation will be necessary. If so, I Can Be will make sure an investigation takes place, to make an objective assessment of the concern – for example, the concern may be investigated by a Trustee or the Director. In serious cases it could ultimately be necessary for the individual who raised the concern to give evidence in disciplinary or criminal proceedings.

The person who raised the concern will be kept informed about the progress and outcome of any investigation wherever possible. I Can Be will make sure appropriate action is taken to resolve the concern.

People are encouraged to exhaust I Can Be’s internal procedures before contacting external sources. However, I Can Be may refer a concern to the police, other agencies (such as the Health and Safety Executive, the Charity Commission or the Information Commissioner) or an independent investigator, where that is appropriate.

If a concern is not confirmed by an investigation, the matter will be closed. The person who raised the concern will not be treated or regarded any differently for having raised the concern.