Whistleblowing Policy
1. Statement of Policy
Whistleblowing is the term used when a person passes on information concerning wrongdoing. In this policy, this is referred to as “making a disclosure” or “blowing the whistle”. The wrongdoing will not always be something an officer or staff member has witnessed at work or during the course of their duties.
A whistleblower who makes a protected disclosure in line with the legislation has legal protection from detriment, dismissal or redundancy
Whistleblowing law is found within the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). To protected by whistleblowing law, an individual who makes a disclosure myst reasonably believe two things -
1. That they are acting in the public interest
2. That the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the following categories -
- criminal offences (this may include for example, types of financial impropriety such as fraud)
- failure to comply with an obligation set out in law
- miscarriages of justice
- endangering of someone’s health and safety
- damage to the environment
- covering up wrongdoing in the above categories.
Applies (but not limited) to: All categories of Dyfed-Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) or seconded staff. Any employee accessing and using Force assets and property must have due regard to the contents of this policy.
2. Policy Scope
This policy applies to, and provides protection to the following –
- Police Staff
- Police Officers
- Police and Crime Commissioner and staff of the Office of the Police and Crime Commissioner (OPCC)
- Special Constables
- Police Support Volunteers and Cadets
- Contractors providing a service to the Force
- Temporary Agency Staff
- Modern Apprentices
- Those on work placement
- Former officers, staff and volunteers
3. Powers and Policy/Legal Requirements
Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998)
Equality Act 2010
Police Regulations
The Special Constables Regulations 1965
The Special Constables (Amendment) Regulations 2012
Dyfed-Powys Police Whistleblowing Procedure
4. Options and Contingencies
A key responsibility for officers and staff is challenging or reporting improper conduct and the force is committed to supporting individuals who report such concerns.
Disclosures can be made in a number of ways –
- Disclosure to Supervisor/Manager/Senior Officer
- Disclosure to Staff Associations
- Disclosure to PSD/PSD Anti-Corruption Unit
- Disclosure to a Chief Officer
- Disclosure via the Force’s Confidential/Anonymous Reporting Lines
Dyfed-Powys Police is committed to promoting the 10 Standards of Professional Behaviour, along with the Code of Ethics and the policing principles contained therein.
These are applicable to all officers, staff and volunteers.
Responsibility of Dyfed-Powys Police
It is good practice to create an open, transparent and safe working environment where officers and staff feel able to report concerns. Although the law does not require Police forces to have a whistleblowing policy in place, the existence of a whistleblowing policy clearly shows Dyfed-Powys’ commitment to listen to the concerns of its officers and staff. By having clear policies and procedures for dealing with whistleblowing, the Force can demonstrate that it welcomes information being brought to the attention of management. This is also demonstrated by the following:
- Organisational culture
Dyfed-Powys Police support an open and supportive culture, where officers, staff and volunteers should have confidence in making a disclosure without the fear of the consequences.
The two main barriers whistleblowers face are a fear of reprisal as a result of making a disclosure and that no action will be taken if they do make the decision to ‘blow the whistle’. Therefore, ensuring that police officers, staff and volunteers can approach management with their concerns is the most important step in creating an open culture.
The Force is committed to demonstrating, through visible leadership at all levels of the organisation, that it welcomes and encourage officers, staff and volunteers to make disclosures.
The ethos underpinning this policy is that where an officer, member of staff or volunteer reports a concern, they will be valued and supported throughout the process.
b) Training and support
The Force will implement training, mentoring, advice and other support systems to ensure officers, staff and volunteers can easily approach a range of people in the organisation and have confidence that they will be supported.
c) Putting things right
The Force is committed to ‘putting things right’ at the earliest opportunity where possible and appropriate. In the majority of cases the focus will be on resolving any wrongdoing in a timely and proportionate manner which will be in the interests of all parties.
The Code of Ethics principles are relevant to this policy -
- Courage
- Respect and Empathy
- Public Service
5. Take action and review
The policy will be reviewed every 24 months or sooner should there be a change in relevant legislation or national guidance. This policy will be overseen by the People, Culture & Ethics Board.
The Professional Standards Department, in consultation with Legal Services, continually assess the effectiveness of the policy by, for example, looking at cases where it is used.
For further information about the policy please contact either the Professional Standards Department or Legal Services.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: November 2024