The Youth Counselling Project is committed to being open, honest and accountable. It encourages a free and open culture in its dealings between the Trustees and those working with TYCP in either a paid or voluntary role.
This policy aims to help the Trustees, Counsellors and volunteers to raise any serious concerns they may have about colleagues or the organisation with confidence and without having to worry about being victimised, discriminated against or disadvantaged in any way as a result.
It is written in the context of the Public Interest Disclosure Act 1998 which protects employees and volunteers who ‘blow the whistle’ on malpractices within their organisation.
What types of concerns?
The policy is intended to deal with serious or sensitive concerns about wrongdoings such as the following:
- a criminal offence
- a failure to comply with any legal obligation
- a failure in the protection of children or vulnerable adults
- a miscarriage of justice
- a health and safety risk to an individual
- damage to the environment
- or concealment of the above
It is not necessary for individuals who raise the concern to prove the wrongdoing that is alleged to have occurred or is likely to occur.
However, if an individual knowingly or maliciously makes an untrue allegation (eg: in order to cause disruption TYCP), we will take appropriate disciplinary action against them. It may constitute gross misconduct.
Individuals should note that they will not be protected from the consequences of making a disclosure if, by doing so, they commit a criminal offence.
Volunteers should make complaints or raise concerns through the Volunteer Complaints Procedure.
How to raise a concern
The trustee designated to handle whistleblowing concerns is Susie Silvester and shall be known as the Whistleblowing Officer.
Individuals should in most cases, first report their concern to their line manager, who is expected to respond to that matter. If the relevant manager cannot deal with the matter, he or she will refer the concern to the Whistleblowing Officer.
Dependent on the seriousness and sensitivity of the matter, and who is suspected of the wrongdoing, the individual can, if necessary, report directly to the Whistleblowing Officer. If the matter concerns the Whistleblowing Officer, it should be raised with the Trustees.
Individuals are encouraged to raise their concerns in writing where possible, setting out the background and history of their concerns (giving names, dates and places where possible) and indicating the reasons for their concerns.
If any individual is unsure whether to use this procedure or they want independent advice at any stage, they should contact:
- the independent charity, Public Concern at Work’s legal helpline on 020 7404 6609,
email: helpline@pcaw.co.uk
Public Concern at Work will be able to advise on how and with whom to raise a concern about malpractice.
Disclosures made to a legal advisor while obtaining legal advice will be protected under the Public Interest Disclosure Act.
If the individual reasonably believes that the matter relates wholly or mainly to the conduct of a person or body other than TYCP or any other matter for which a person or body other than Small Charity Support has legal responsibility, the disclosure should be made to that other person or body.
Protecting the individual raising the concern
If an individual raises a concern which they believe to be true, TYCP will take appropriate action to protect the individual from any harassment, victimisation or bullying. A person who raises a genuine concern under this policy will not be at risk of losing their role within the charity, nor will it influence any unrelated disciplinary action.
The matter will be treated confidentially if the individual requests it and their name or position will be not be revealed without their permission unless TYCP must do so by law. If in other circumstances the concern cannot be resolved without revealing the individual’s identity, the Whistleblowing Officer will discuss with the individual whether and how to proceed.
Concerns raised anonymously tend to be far less effective, but the Whistleblowing Officer will decide whether or not to consider the matter taking into account:
- the seriousness of the matter
- whether the concern is believable
- whether an investigation can be carried out based on the information provided
How TYCP will deal with the concern
How the concern will be dealt with, will depend on what it involves. It is likely that further enquiries and/or investigation will be necessary. The concern may be investigated by TYCP’s Whistleblowing Officer, the Trustees, through the disciplinary process or it may be referred to the police, other agencies such as Social Services, an external auditor or an independent investigator.
It may be necessary for the individual to give evidence in criminal or disciplinary proceedings, they must not in any circumstance contact the press or media.
TYCP will give the individual feedback on the progress and outcome of any investigation wherever possible.
If the suspicions are not confirmed by an investigation, the matter will be closed. Staff will not be treated or regarded any differently for raising the concern, and their confidentiality will continue to be protected.
