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Annual Review of Whistleblowing Procedure

North Lanarkshire Council · 16 March 2023
Back to Policy and Strategy Committee — 16 March 2023 and its agenda

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North Lanarkshire Council
Report
Policy and Strategy Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref AA/REB Date 16/03/23 
Annual Review of Whistleblowing Procedure 
From  Archie Aitken, Chief Officer (Legal and Democratic)  
E-mail aitkena@northlan.gov.uk Telephone 
1. Background 
1.1 “Whistleblowing” refers to the act of reporting concerns or wrongdoing in the public
interest either within an organisation or externally, for example to a regulator.  The law
on whistleblowing is contained within the Employment Rights Act 1996 as amended by
the Public Interest Disclosures Act 1998. 
1.2 The Public Interest Disclosures Act 1998 gives protection to workers who have blown
the whistle, but only if their disclosure meets statutory requirements.  There are other
steps an employer can take not mandated by the law to encourage effective internal
whistleblowing and to protect whistleblowers; the most important of which is to develop
and implement an effective and appropriate whistleblowing policy. 
2. Report 
2.1 There is no positive obligation on an employer to encourage whistleblowing or to
implement a whistleblowing policy.  The law does provide that employers refrain from
dismissing workers or subjecting them to any other detriment because they have made
a protected disclosure.
Executive Summary
North Lanarkshire Council’s Whistleblowing Policy provides a mechanism for employees
of the Council and other workers within the Council to report a concern about serious
wrongdoing within the Council and to do so with security and in confidence. 
The annual review of the Whistleblowing Policy has been undertaken on the use of the
Whistleblowing Policy and on any amendments required to the Policy. 
Recommendations
It is recommended that Committee gives consideration to the contents of the report.  
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (14) Ensure the highest standards of public protection

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2.2 As a public body, North Lanarkshire Council is expected to have a whistleblowing policy
as our whistleblowing arrangements are considered as part of our annual audit process. 
Whistleblowing plays an important role in safeguarding effective delivery of public
services and ensuring best value.  North Lanarkshire Council is committed to a culture
which views raising concerns of malpractice as a valuable contribution towards its
efficiency and long-term success, and assuring workers that they will be treated fairly
and that their concerns will be properly addressed. 
Annual Review of the Whistleblowing Procedure 
2.3 North Lanarkshire Council’s Whistleblowing Procedure has been reviewed and no
amendments requiring approval are considered necessary at this time.  This is on the
basis that the principal objectives of the policy and procedure remain: 
2.3.1 to convey the seriousness and importance that North Lanarkshire Council
attaches to identifying and remedying wrongdoing; 
2.3.2 to encourage workers to raise concerns internally as soon as possible and to
give them the confidence to do so; 
2.3.3 to remind workers of the standards of behaviour expected of them; 
2.3.4 to ensure workers know who to approach with a concern, and to enable them
to bypass the person, management level or part of the organisation to which
the concern relates; 
2.3.5  to outline the procedures for investigating disclosures and what steps might be
taken if wrongdoing is uncovered; and 
2.3.6. to make it clear what will happen to those who victimise genuine whistleblowers
or abuse the system by making malicious allegations. 
2.4 North Lanarkshire Council’s Whistleblowing procedure sets out the legal protections
available to whistleblowers.  There are further sources of help and guidance; 
2.4.1 Chief Officers are designated as advisers to whistleblowers in identifying
whether the concern falls under one or more of the categories or should be
better dealt with under a different procedure; 
2.4.2 There is access to an external counselling hotline in terms of the Employee
Assistance Programme; and 
2.4.3 Protect, the whistleblowing charity who provide a confidential independent
helpline for whistleblowers is referred to in the procedure. 
Annual Review of the use of the Whistleblowing Procedure 
2.5 Since the last review in 2022, Health and Social Care received one whistleblowing
report. 
2.6 The report remains under investigation and is expected to conclude shortly.

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3. Measures of success 
3.1  Further review of the application of the Whistleblowing Procedure will ensure that the
Council’s resources and reputation are being safeguarded and that the Council’s good
governance standards are being maintained.   
4. Supporting documentation 
Whistleblowing Policy. 
Name Archie Aitken
Title Chief Officer (Legal and Democratic)

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5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?   
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☒ No ☐ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☒ No ☐ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?

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Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services.

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Public Interest Disclosures
“Whistleblowing” 
Author Archie Aitken Contact
details
aitkena@northlan.gov.uk
Owner Archie Aitken aitkena@northlan.gov.uk 
Date 8 February
2023 Version number  Document status Final 
Governance Committee  Policy & Strategy Date approved  17 March 2022
Review date April 2023 
Strategic Alignment 
Improving the Council’s Resouce Base – Ensure the highest standards of public protection.

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Change record 
Consultation
process  Consultation with stakeholders carried out February 2022
Stakeholders
Contacts identified for each service 
Joint Trade Unions
JNC for Teaching Staff 
Distribution 
Date 8 February 2023 Author Rachel Blair
Change made Updated to reflect structural changes.

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Preamble 
The purpose of this procedure is to provide a mechanism for employees, officers, consultants
contractors and workers to report to the Council a concern which they have that there is
serious wrongdoing within the Council – and to do so with both security and confidence. It
draws on the rights and obligations contained within the Employment Rights Act 1996, the
Public Interest Disclosure Act 1998, and the Enterprise and Regulatory Reform Act 2013. 
This procedure for reporting concerns at work is based on the following principles: 
•  fair and reasonable treatment at work; 
•     the right to report concerns reasonably believed to be in the public interest; 
•  confidentiality; 
•  openness and accountability, and 
•     honesty and integrity. 
1. Introduction 
1.1 In the course of your employment you may become aware of serious
wrongdoing in the Council or you may have information regarding malpractice.
This procedure outlines the steps you should take to bring serious situations to
the attention of the Council, and has been designed to provide guidance to
employees on reporting incidents of malpractice or wrongdoing.  It indicates
how matters can be expedited thoroughly, discreetly and, so far as possible, in
a confidential way if that is necessary. This procedure outlines:- 
•  what sort of concerns may be reported; 
•  the employees covered by this procedure; 
•  the nominated individuals in the Council who can be contacted regarding your
concerns; 
•  the appropriate steps to be taken to report serious wrongdoing or malpractice; 
•  how a matter may be raised in confidence when that is appropriate; 
•  the rights of employees who are the subject of disclosures; 
•  any obligations placed on an employee in terms of bearing witness; 
•  the interest of the Council; 
•  the right to raise matters of concern and not be subject to any detriment, and 
•  the protection which is available to an employee. 
1.2 The disclosure of information in the public interest involves the reporting of
serious concerns about illegal or unethical conduct or behaviour which could
be described as serious malpractice in the workplace. The kinds of concerns
are those set out at paragraph 2.2 of this procedure.

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1.3.  The principles and guidance outlined in this procedure have been developed
against the background of the Council’s wish to be open and honest, to
encourage high standards of conduct in the workplace and to develop the
statutory protections available to employees. 
1.4.    Any employee who has a concern over what they consider is serious wrongdoing
within the Council may wish to seek support and advice from their trade union
which may be in a position to assist the employee in preparing and making a
disclosure report under this procedure. 
1.5     The title given to this procedure is Public Interest Disclosures. It may also be
referred to as the “Whistleblowing” Procedure. 
2. Reporting Concerns 
2.1.   Most personal concerns at work can be adequately dealt with using other
procedures or mechanisms. For instance, if there is an issue about your
working conditions which you cannot resolve through other means, you may
wish to use the Council’s Grievance Procedure. The procedure outlined in this
document is designed to deal with issues of illegality or serious malpractice. 
2.2.    The public has a right to expect high standards of service. However, there may
be occasions when, due to individual acts, omissions or failings, it may be
necessary to bring certain matters which give cause for serious concern to the
attention of your employer. If you are concerned about an aspect of individual
behaviour or Council practice it may fall under one (or more) of the following
categories: 
•  a criminal offence; 
•  a failure to comply with a legal obligation; 
•  a miscarriage of justice; 
•  danger to the health and safety of an individual; 
•  damage to the environment, and 
•  the deliberate concealment of information tending to show any of the
matters above is being deliberately concealed. 
2.3.   Under the terms of this procedure an employee can report a matter which they
reasonably believe to be in the public interest, on a confidential basis to their
employer regarding any of these six categories. The categories are by no
means mutually exclusive. For instance, you may be aware of a health and
safety failure that is also a criminal offence. If you are not sure whether the
concern you wish to raise falls into one of the above categories then you may
contact one of several Council Officers who will try to assist you in identifying
whether the concern which you have falls under one or more of these
categories or whether your concern should be better dealt with under a different
procedure or route. The officers available to advise on this are the Council’s
Chief Officer (Legal and Democratic), Chief Officer (Finance) and Chief Officer
(People Resources).

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2.4  An employee may also be a resident in the Council’s area or have other good
reason to approach a local councillor. Such an employee is free to raise an
issue with their councillor. However, advising a local councillor of a concern
over serious wrongdoing is not a substitute for advising the Council formally by
following the Disclosure Report Procedure set out in Section 4. The onus rests
on the employee to make the Public Interest Disclosure by following the defined
reporting procedure. This will ensure that the Council deals with the matter
formally, and in terms of both the legislation and this Procedure. 
3. Confidentiality and Anonymity 
3.1. One of the principles of this procedure is that an employee has the right to
report a matter they consider to be in the public interest and the report will be
treated on a confidential basis. For the reporting process to have credibility,
employees must have confidence that any matter they draw to the attention of
their employer will be handled with discretion and tact. 
3.2. The Council hopes that all staff will be able to voice whistleblowing concerns
openly under this policy.  If an employee wishes to raise their concern
confidentially, the Council will make every effort to ensure the employee’s
identity is kept a secret.  If it is necessary for anyone investigating the
employee’s concern to know their identity, this will be discussed with the
employee. 
3.3. The Council does not encourage staff to make disclosures anonymously. 
Proper investigations may be more difficult or impossible if the Council cannot
obtain further information.  It is also more difficult to establish whether any
allegations are credible.  Whistleblowers who are concerned about possible
reprisals if their identity is revealed should come forward to the officers
identified at 2.3 and appropriate measures can then be taken to preserve
confidentiality.  If an employee is any doubt, they can seek advice from Protect
(https://protect-advice.org.uk/), the independent whistleblowing charity, who
offer a confidential helpline.   
3.4. It has to be recognised, however, that in some cases it may not always be
possible to preserve total confidentiality, for instance, if the matter reported has
to involve agencies such as the police or the Health and Safety Executive. If, in
such a situation, the Council can no longer preserve total confidentiality, the
employee will be advised of that fact. 
4. Reporting Procedure 
4.1.  An employee wishing to report a matter that is covered by the categories
covered in this procedure should contact the appropriate designated officer in
the employing Service in the Council. The designated officers are those
identified in Annex 1 to this document. This report should, preferably, be in
writing and in order to avoid any doubt, should be described as a “Public
Interest Disclosure”.

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4.2  This procedure requires that disclosure reports should be made to the
designated officers. Those designated offers are required to be alert to such
disclosures and ensure that, as far as it is possible, the confidentiality of such
reports is maintained. This will normally involve the report having the personal
attention of the designated officer. 
4.3 If a disclosure report is made which alleges wrongdoing by a Council Chief
Officer (the Deputy Chief Executive or Chief Officer) that report should be made
directly to the Chief Executive. 
4.4  Once a report has been submitted the appropriate officer will advise you of the
next steps and any expected timescale.  This will be done within 5 working
days. 
4.5  At this stage of the process it is important that confidentiality is maintained by
both parties where that is required to ensure that the matter can be dealt with
in the appropriate way, avoid prejudice and protect individual rights. 
4.6  The report will then be considered and a decision taken as to whether, and in
what way, the matter should proceed. 
4.7  Should the appropriate officer decide not to take any action you will be notified
and given the reason(s) for this decision. 
4.8  If the appropriate officer decides that further action is required on the basis of
your report, then you will be notified of the decision, subject to the appropriate
investigation and the likely timescale, if possible to do so. 
4.9 Once the matter has been concluded and the appropriate action taken in
response to your report, you will be notified of the outcome.  However,
sometimes the need for confidentiality may prevent the Council from giving you
specific details or any disciplinary action taken as a result.  You should treat
any information about the investigation as confidential.  
4.10  Under the terms of this procedure, you may seek a progress update from the
appropriate officer regarding the status of your report, although it has to be
understood that the response may have to be qualified in order to protect other
interests. 
4.11  While the Council cannot guarantee, the outcome you are seeking, the Council
will try to deal with your concern fairly and in an appropriate way.  By using this
procedure, you can help the Council achieve this.   
4.12  If you are not satisfied with the way your report has been dealt with, you can
raise this with the Chief Executive. 
5. Safeguards 
5.1  Under the terms of this procedure, any employee making a Public Interest
Disclosure report is safeguarded against any detriment in the course of their
employment, provided that the report is made in the reasonable belief that it is
in the public interest.

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5.2  For the purpose of this procedure, detriment is defined as any act or omission
that penalises the employee for submitting the report. For example, dismissal,
harassment, victimisation or any other form of punitive sanction which would
not have arisen were it not for the report having been made are prohibited under
the terms of this procedure.  If you believe that you have been subjected to a
detriment, you should immediately report that to the officer who received your
disclosure report.  If the matter is not remedied, you should raise it formally
through the Council’s Dignity at Work procedure. 
5.3 An employee must not threaten or retaliate against another employee making
a Public Interest Disclosure Report.  Any employee involved in such conduct,
may be subject to the Councils’ disciplinary procedure.  In addition, if an
employee is subjected to such detriment by another employee then that other
employee could be personally liable. 
6. Wrong Reports 
6.1  There may be instances when a report is submitted, based on a genuine belief
by the employee that something is wrong at a particular time, which is
subsequently demonstrated to be false or inaccurate. In such circumstances,
employees will be informed of the discrepancy between their report and the
facts at hand. Provided that the Council is satisfied that the employee acted in
good faith and had a genuine belief that such a situation should be reported
and no personal gain was involved, no further action will be taken against the
reporting employee. 
6.2  If an employee has deliberately submitted a report that they know to be not true
or unfounded or with a view to personal gain then they may be subject to the
Council’s disciplinary procedure. 
7. Reporting Outwith the Council 
7.1  The aim of this procedure is to provide an internal mechanism for reporting,
investigating and remedying any wrongdoing in the workplace. In most cases
you should not find it necessary to alert anyone externally. 
7.2  The law recognises that in some circumstances it may be appropriate for you
to report your concerns to an external body such as a regulator. It will very
rarely if ever be appropriate to alert the media. You are strongly encouraged to
seek advice before reporting a concern to anyone external. Protect’s
confidential helpline is available for this. In addition, Protect has a list of
prescribed regulators for reporting certain types of concern. 
7.3 Whistleblowing concerns usually relate to the conduct of our staff, but they may
sometimes relate to the actions of a third party, such as a supplier or service
provider.  In some circumstances the law will protect you if you raise the matter
with the third party directly. However, you are encouraged to report such
concerns internally first. You should contact one of the other key contacts set
out in paragraph 2.3 for guidance. 
7.4 Employees within Health and Social Care can access the National
Whistleblowing Standards in relation to NHS Services.  Further information can
be obtained from the Chief Accountable Officer or accessed here.

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ANNEX 1 
CHIEF OFFICERS TO WHOM PUBLIC INTEREST DISCLOSURES MAY BE REPORTED
–  
WHISTLEBLOWING PROCEDURE 
1. Chief Executive’s Service   Des Murray, Chief Executive 
2. Enterprise and Communities Service Derek Brown, Deputy Chief Executive 
3. Education and Families Service  Derek Brown, Deputy Chief Executive 
4. Adult Health and Social Care Services Ross McGuffie, Chief Officer 
(Health and Social Care)