Whistleblowing Policy

At Winston’s Place Day Nursery, we are committed to maintaining the highest standards of openness, integrity and accountability. We expect all colleagues, both internal and externally, to act professionally and in the best interests of children at all times, with their safety and welfare as our highest priority.
There may be rare occasions when an individual observes behaviour, decisions or actions that cause concern about the safety, conduct or professional integrity of another person. In such instances, it is important that all staff feel confident to raise these concerns without fear of reprisal. This policy outlines how whistleblowing concerns can be reported and handled appropriately, fairly and in accordance with legal protections.
Definition
Whistleblowing is the term used when a worker passes on information concerning wrongdoing that is in the public interest. This is formally known as a ‘qualifying disclosure’ under the Public Interest Disclosure Act 1998. It applies when a worker has a reasonable belief that wrongdoing has occurred, is occurring or is likely to occur and the disclosure is made in the public interest.
Legal Framework
This policy operates in accordance with the Public Interest Disclosure Act 1998, which provides legal protection to employees who raise legitimate concerns about the following:
• A criminal offence
• A miscarriage of justice
• An act creating risk to health and safety
• An act causing damage to the environment
• A breach of any legal obligation
• The deliberate concealment of any of the above
• Unethical conduct or behaviour contrary to nursery policy or safeguarding practice
• Radicalisation or conduct that may pose a threat to national security
To qualify for protection, the disclosure must be made with a reasonable belief in the truth of the concern and must be in the public interest. Whistleblowers do not need to prove the wrongdoing; a reasonable concern is sufficient. However, false or malicious allegations made without reasonable basis may be subject to disciplinary action.
This policy applies to all employees, students, volunteers, agency and supply staff working at Winston’s Place Day Nursery. It should be used to raise concerns that fall outside routine employment matters or personal grievances. For safeguarding concerns specifically, this policy should be read in conjunction with the Safeguarding and Child Protection Policy.
Procedure for Disclosure
1) If the concern relates to safeguarding, staff must follow the procedures outlines in the Safeguarding and Child Protection Policy, specifically the section on staff and volunteers.
2) In the first instance, concerns should be raised with the individual’s line manager as soon as possible.
3) If the concern involves the line manager or the whistleblower feels unable to raise it with them, the concern should be directed to the Senior Development Manager or CEO.
4) Concerns will be taken seriously and dealt with promptly, consistently, and confidentially. The whistleblower will not suffer detriment or retaliation for raising a genuine concern.
5) Disclosures may be made verbally or in writing. All verbal disclosures must be then documented in writing. Staff may speak in confidence with their manager or a senior leader.
6) An investigation is conducted and evidence gathered (interviews, policies, etc). Once the investigation is complete, a report is prepared. Outcomes may include: disciplinary action; training and policy changes; referral to external bodies; no action. The whistleblower is informed of the outcome in general terms (details may be confidential).
7) Actions taken are monitored for implementation. Policies and procedures may be reviewed or updated. The whistleblower is offered ongoing support and protection.
8) Any employee who victimises or seeks to silence a whistleblower will face disciplinary action, which may result in dismissal.
9) Any employee who fails to report serious concerns or who mishandles a whistleblowing disclosure may also be subject to disciplinary action.
10) All whistleblowing concerns will be thoroughly investigated. The whistleblower will be informed of the outcome where appropriate.
Employees are protected by law from dismissal or mistreatment for whistleblowing. Victimisation of a whistleblower is a disciplinary offence. Where whistleblowers are found to have acted maliciously or made false allegations knowingly, disciplinary action may be taken.
Escalating Concerns Externally
If a staff member feels unable to raise their concern internally, or is dissatisfied with how it has been handled, they may contact external agencies:
• The Local Authority Designated Officer (LADO)
• The Local Authority Children’s Social Care Team
• Ofsted (0300 123 1231)
Contact details for these organisations are made available to all staff and displayed clearly in the staff area.