Introduction
We are committed to the highest possible standards of openness,
probity and accountability and we encourage employees and others
working with us to raise any concerns about any aspect of our work
to come forward and voice those concerns. In some instances,
concerns may need to be expressed on a confidential basis.
This procedure encourages employees to raise serious concerns,
without fear of reprisal or victimisation, internally within KCC
rather than overlooking a problem or raising the matter
outside.
It applies to all employees, agency workers and those
contractors working on our premises, for example, cleaners,
builders and drivers. It also covers suppliers and those providing
services under a contract with us in their own premises.
Other complaints procedures
This procedure is separate from our
complaints procedures and other statutory reporting procedures
applying to some directorates. Managers are responsible for making
service users aware of these procedures. Any investigation into
allegations of potential malpractice under this procedure will not
influence or be influenced by any disciplinary or redundancy
procedures that already affects an individual.
Aim and scope
This procedure aims to ensure individuals are:
- encouraged to feel confident in raising serious concerns and to
question and act upon concerns about practice
- provided with avenues to raise concerns and receive feedback on
any action taken
- given a response to their concerns and are aware of how to
pursue them if not satisfied
- reassured that they will be protected from reprisals or
victimisation if they have a reasonable belief any disclosure has
been made in good faith.
There are existing procedures in place to enable individuals to
lodge a grievance relating to their own employment including issues
relating to harassment and bullying. This procedure is intended to
cover concerns that fall outside the scope of other procedures.
These include:
- conduct which is, has been or is likely to be an offence or
breach of law
- conduct that has occurred, is occurring or is likely occur, the
result of which we fail to comply with a legal obligation. For
example unauthorised use of public funds, possible fraud and
corruption, sexual or physical abuse of clients, or other unethical
conduct discrimination of any kind and waste/frivolous
expenditure
- disclosures related past, current or likely miscarriages of
justice
- past, current or likely health and safety risks, including
risks to the public as well as other employees (see below)
- past, current or likely damage to the environment
Concerns about any aspect of service provision or the conduct of
officers or KCC Members or others acting on behalf of us, can be
reported under the confidential disclosure procedure. This may be
about something that you:
- feel uncomfortable about in terms of known standards, your
experience or the standards you believe we subscribe to: or
- are against our standing orders and policies; or
- falls below established standards of practice; or
- amounts to improper conduct.
Our safety complaints procedure should be used to raise any
issues, concerns or complaints of a health and safety nature and
which are not confidential.
Confidentiality
All concerns raised will be treated in confidence and every
effort will be made not to reveal your identity if this is your
wish. However, in certain cases, it may not be possible to maintain
confidentiality if you are required to come forward as a
witness.
Anonymous allegations
Whenever possible you should put your name to your allegation as
concerns expressed anonymously are much less powerful that those
that are attributed to a named individual. However, anonymous
allegations will be considered and investigated at our
discretion.
In exercising the discretion, the factors to be taken into
account would include:
- the seriousness of the issues raised
- the credibility of the concern; and
- the likelihood of confirming the allegation from attributable
sources.
Untrue allegations
If you make an allegation in good faith that is not subsequently
confirmed by an investigation, no action will be taken.
Disciplinary action will only be taken against individuals who
knowingly make false, malicious or vexatious allegations.
How to raise a concern
General
Concerns can be raised verbally or in writing. A concern raised
in writing should:
- set out the background and history of the concern, giving
names, dates and places where possible
- the reason why you are particularly concerned about the
situation.
The earlier a concern is raised the easier it is to take action.
Although you are not expected to prove beyond doubt the truth of an
allegation, you need to demonstrate to the person contacted that
there are sufficient grounds for your concern.
A trade union or professional association may raise a matter on
behalf of an employee.
Step One - Raising a Concern
Whenever possible you should raise your concern with your
immediate manager or his/her manager. If this is not appropriate,
you should approach the following according to the nature of the
concern:
Education & Libraries - contact Grahame
Ward on 01622 696551 or Marilyn Hodges on 01622 694992
Social Services - contact Hilary Francombe
(West Kent) on 01732 525188, Ann Kitto (Mid Kent) on 01233 652144,
or Anthony Mort (County Services) on 01622 696363
Strategic Planning - contact Alan Loft on 01622
221955
Corporate Services - contact Geoff Wild on
01622 694302
Senior management contact points:
- Peter Gilroy (Chief Executive) on 01622 694000
- Janet Armstrong (Senior Audit Manager) on 01622
694567
Independent Helpline Public Concern at Work 020 7040 6609
We have an anti-fraud and corruption policy statement and all
suspected financial irregularities must be reported to the Chief
Internal Auditor.
Step Two - How we will respond
The action we take will depend on the nature of the concern. The
matters raised may:
- be investigated internally by management, Internal Audit or
through the disciplinary or other internal process
- be referred to the police
- be referred to the External Auditor
- form the subject of an independent inquiry.
In order to protect individuals and the council, initial
enquiries will be made to decide whether an investigation is
appropriate and, if so, what form it should take. Concerns or
allegations which fall within the scope of specific procedures
(e.g., child protection or discrimination issues) will normally be
referred for consideration under those procedures.
Some concerns may be resolved by agreed action without the need
for investigation. If urgent action is required this will be taken
before any investigation is conducted.
Within 10 working days, the responsible person will write to
you:
- acknowledging that the concern has been received
- indicating how we propose to deal with the matter
- giving an estimate of how long it will take to provide a final
response
- informing you if any initial enquiries have been made
- whether further investigations will take place and, if not, why
not
Contact
The amount of contact between the officers considering the
issues and you will depend on the nature of the matters raised, the
potential difficulties involved and the clarity of the information
provided. If necessary, further information will be sought.
Attending meetings
When any meeting is arranged you have the right to be
accompanied by a trade union representative or a workplace
colleague who is not involved in the area of work to which the
concern relates.
Support
We will take steps to minimise any difficulties you may
experience as a result of raising a concern. For instance, if you
are required to give evidence in criminal or disciplinary
proceedings, we will advise or arrange for you to have advice about
the procedure.
We will not tolerate harassment or victimisation (including
informal pressures) and will take action to protect individuals who
raise a concern in good faith.
We accept that you need to be assured that concerns will be
properly addressed and, subject to legal constraints, will provide
information about the outcomes of any investigations.
How the matter can be taken further
This procedure is intended to provide individuals with an avenue
to raise concerns within the council. If you are not satisfied, and
feel it is right to take the matter further, the following are
possible contact points:
- Public Concern at Work 020 7404 6609
- Audit Commission 020 7630 1019
- a local
Kent County Council member
- relevant professional bodies or regulatory organisations
- a solicitor
- the police
If a matter is taken outside the council, you must take all
reasonable steps to ensure that confidential or privileged
information is not disclosed. If in doubt, check with the named KCC
contacts.
Public interest disclosure
Public Interest Disclosure Act 1998 gives employees two
safeguards in respect of disclosures of information.
- An employee is entitled not be subjected to any detriment by
virtue of having made a protected disclosure.
- The dismissal of any KCC employee directly due to the
individual having made such a disclosure will automatically be
unfair.
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