Equality and Human Rights Commission

This practice guide examines whistleblowing procedures from the perspective both of young people and of employees of social services who wish to raise concerns about malpractice. It contains insights gained during a review of Welsh local authority social services published in 2003 by the Children's Commissioner for Wales. Specifically, it aims to support local authorities to implement the recommendations made in the review about whistleblowing. It is also relevant to public authorities in Britain that wish to strengthen the protection offered to children and young people by enabling and supporting people to 'blow the whistle' on malpractice. It does not refer in detail to human rights standards; however, it is underpinned by human rights as the Children's Commissioner for Wales has express responsibility for protecting children's rights as set out in the Convention on the Rights of the Child. It contains references and contacts for further advice and training and can be read in conjunction with similar guides on complaints and advocacy.

• Children should be expressly reassured that if they ask someone to raise concerns on their behalf, that person will not be punished in any way.
• Children and young people receiving a service from the local authority social services department know about and understand the policies and procedures put in place that contribute to safeguarding their welfare.
• It is an employee's duty to report all forms of malpractice, and not merely something to be encouraged.

Background to this practice guide

In 2002, the Children's Commissioner for Wales reviewed the operation of whistleblowing procedures, complaints, and arrangements for the provision of children's advocacy services in Welsh local authorities.

The review, Telling Concerns, was published in 2003. It refers expressly to earlier recommendations made in the 2000 report Lost in Care after the inquiry by Sir Ronald Waterhouse into abuse in children's homes in North Wales stretching back 25 years.

In each area, the 2003 review identified recommendations of greatest strategic significance for social services. In relation to whistleblowing, these include:

• whistleblowing policies should explicitly state the range of concerns that may be raised and link directly to child protection procedures
• failure to report malpractice should be made a disciplinary offence and included in the disciplinary policies of local authorities, and
• children and young people should be provided with accessible information about the concept of whistleblowing so that they are reassured that those raising concerns on their behalf are protected from victimisation, and that the local authority takes such concerns seriously.

Using the practice guide

This short practice guide uses an extended practical case study to explain how these and other recommendations can be put into practice.

The case study involves a child, Dai, who lives in a local authority residential unit. Dai witnesses the manager of the unit stealing meat from the kitchen. The manager picks on and threatens Dai. Other staff are drawn into the scenario, including:

• the unit's cook, a catering contractor
• Dai's social worker
• her team manager
• the authority's 'designated officer' for whistleblowing
• the investigating officer

At each stage in the scenario, the guide explains, with reference to examples from Welsh authorities:

• what options are open to Dai and the staff concerned
• what laws and policies they need to be aware of (in particular, the Public Interest Disclosure Act 1998)
• what an effective whistleblowing policy looks like

Key messages in the practice guide

The guide is short and readable, but would benefit from clearer signposting to convey its key messages. These include:

• Children should be expressly reassured that if they ask someone to raise concerns on their behalf, that person will not be punished in any way.
• Local authorities should, where necessary, revise their service level agreements to include a requirement that contracting companies have a whistleblowing policy and that all their staff are informed about it. This should include a protocol for these companies to report concerns about children's and young people's welfare to the local authority.
• It is not sufficient for local authorities to have a whistleblowing policy that staff can access: its existence and purpose must be made well known to staff.
• Whistleblowing policies should provide employees with practical guidance and sources of independent advice about what to do if they have concerns about malpractice; for example, they should not to try to investigate themselves since to do so could 'contaminate' any evidence that may exist.
• Local authority social services should consider having their own whistleblowing policy and not simply adopt that of the local authority; the policy should meet the range of concerns that are likely to arise in social work.
• Local authorities should amend their documents as necessary to make it clear that it is an employee's duty to report all forms of malpractice, and not merely something to be 'encouraged' or 'expected'
• It is essential that 'designated officers' for whistleblowing receive training in dealing with whistleblowers and the operation of the Public Interest Disclosure Act 1998.
• There are tensions between providing children and young people with information and ensuring that any investigation is not impeded nor the whistleblower's identity revealed. The designated officer will need to consider carefully the best way to keep the young person who was the subject of concerns informed.

Related equality messages (if applicable):

The guide notes that unfair discrimination in the provision of services is an example of a concern might need to be reported.

Date of review

April 2011

• Children's Commissioner for Wales (2004) Telling Concerns Practice Guides: Complaints
  www.childcom.org.uk/uploads/publications/22.pdf
• Children's Commissioner for Wales (2004) Telling Concerns Practice Guides: Advocacy
  http://www.childcom.org.uk/uploads/publications/13.pdf
• Children's Commissioner for Wales (2003) Telling Concerns: Report of the Children's Commissioner for Wales' Review of the operation of Complaints and Representations and Whistleblowing procedures and arrangements for the provision of Children's Advocacy Services
  www.childcom.org.uk/uploads/publications/29.pdf
  

We hope that you found the resource helpful and easy to use. Please let us know about other guidance or references that you think we should include. Send us your feedback.