Agenda item

The Director of Legal and Governance (and Monitoring Officer) submitted a report to provide the Committee with an annual update in relation to the Whistleblowing Policy and on how the policy had operated in the preceding 12 months. The report also sought approval for some minor amendments to the Policy.

The Director of Legal and Governance advised that the only amendment that was being proposed to the Policy was to note the details of the new Section 151 Chief Finance Officer and noted that this change had been approved by the Audit Committee (Minute No. AC.22 2018/19). It was noted that during the past 12 months there had been six reported incidents of whistleblowing drawn to the Monitoring Officer’s attention. The report included a high level summary of the complaints that had been submitted and their current status. The Director of Legal and Governance advised that subsequent full investigations of incidents had been difficult as several of the complaints had been submitted anonymously via a Trade Union and noted that discussions were being held with the Trade Unions regarding how complaints were submitted, as, as stated in the Policy, anonymous complaints were difficult to move forwards.

Members of the Committee requested that in future years, if more significant changes to the policy were being proposed that a copy of the policy showing tracked changes be included in the officer’s report. Members of the Committee asked with regard to the section of the policy regarding untrue allegations, whether it was appropriate for just the Monitoring Officer to be making a judgement on whether a complaint was untrue or vexatious.  The Director of Legal and Governance advised that the consideration of whether a complaint was untrue or vexatious would in practice be made, in consultation with the Chief Executive and based a report from, and with the advice of other senior officers. Members of the Committee were in agreement that further clarification regarding this process should be included in the policy and that it was essential that reporters should not be discouraged from submitting a complaint regarding their concerns using the Whistleblowing Policy.

Members of the Committee asked with regard to the report that was produced as a result of a complaint being made, whether at that point the facts should be checked with the complainant. The Director of Legal and Governance advised that if a report at this stage showed the need for further investigation, the investigation would be done under another procedure, such as the Grievance Procedure, at which point further information would be gathered from the complainant.

RESOLVED

a)    that the amended Whistleblowing Policy, as attached as an appendix to the officer’s report, be approved.

b)    that the operation of the Whistleblowing Policy over the preceding 12 months be noted.

REASON FOR DECISIONS

To ensure the Committee is adequately informed to enable it to monitor the operation of the Whistleblowing Policy in accordance with the recommendation of CMAP in its audit report relating to Anti-Fraud and Corruption.

To ensure the policy remains up to date and fit for purpose.