About this policy Art of Protest is committed to conducting its business with honesty and integrity, and expects all staff to maintain high standards. However, all organisations face the risk of things going wrong from time to time, or of unknowingly harbouring illegal or unethical conduct. A culture of openness and accountability is essential in order to prevent such situations occurring and to address them when they do occur. This policy aims to help employees to raise any serious concerns they may have about colleagues or their employer with confidence and without having to worry about being victimised, discriminated against or disadvantaged in any way as a result. Legislation and scope of the policy 2.1 It is written in the context of the Public Interest Disclosure Act 1998 which protects employees who ‘blow the whistle’ on malpractices within their organisation.2.2 PIDA does not provide protection on under the law for job applicants, genuinely self employed workers or volunteers. Definitions 2.3 Protected disclosures are concerns raised that are protected under PIDA. To be a protected disclosure, anyone raising a concern must: reasonably believe that their concern is in the public interest – this is explained in paragraph 2.5 reasonably believe their concern is a type of wrongdoing covered by the law – a list of the types is included in paragraph 2.6 raise it in a way that that is in accordance with the law – further information on this is provided in section 7 2.4 A reasonable belief is one where the whistleblower has some reasonable grounds or basis for believing there has been wrongdoing. It does not actually have to be true. For example, it does not matter if it turns out they were mistaken if they had reasonable grounds for believing it when they originally raised the concern. 2.5 An issue in the public interest means that it will usually affect people other than just the person raising it. Something that relates only to an individual’s own employment may not be covered by the law. Although there are some circumstances when this could still be in the public interest. For example, an issue about bullying or harassment that reflects a wider cultural issue in a team. This policy is intended to cover workers raising an issue in the public interest. If a person needs to address a problem that relates only to their own employment, then they should refer to the Resolving Issues at Work Policy. 2.6 The list below sets out the types of concerns that qualify for protection under the law if they are raised. A criminal offence – for example, corruption, theft, or fraud Failure to comply with a legal obligation such as a statutory requirement, a contract, or common law obligations (for example, negligence) A failure in the protection of children or vulnerable adults A miscarriage of justice Health and safety risks. This includes risks to anyone, not just workers – for example, risks to customers and service userEnvironmental damage – any wrongdoing that endangers or damages the environment Cover up. This includes anything where wrongdoing in any of the above areas has been deliberately concealed Safeguards 3.1 Art of Protest recognises that a decision to report a concern can be a difficult one. In many cases it is workers who are best placed to learn of wrongdoing within service areas or to hear about issues where standards have fallen below those that Art of Protest and public expect. Art of Protest is grateful to everyone who reports their concerns. 3.2 Workers should have nothing to fear by reporting their concerns if they have grounds for believing what they are reporting is true. Even if it is later found to be incorrect. No action will be taken against anyone genuinely reporting a concern. 3.3 While rare, deliberately false reports are sometimes made. If false or deliberately misleading information is provided, then this would be considered a serious matter. It could result in action being taken under Art of Protest’s disciplinary policy. Equally, deterring another worker from reporting a genuine concern is also a serious matter and may result in disciplinary action being taken. 3.4 Art of Protest will not tolerate any negative treatment (including harassment or victimisation) of a worker who has raised a whistleblowing concern, by anyone (including colleagues and managers). Any allegations of negative treatment of someone raising a concern will be investigated. Where evidence of mistreatment is found then this could result in disciplinary action being taken. 3.5 Art of Protest recognises that workers may want to raise a concern in confidence under this policy. If a worker asks Art of Protest to protect their anonymity, then efforts will be made to protect their identity from being disclosed. However, this cannot be guaranteed. For example, if evidence needs to be presented in court, or revealed as part of a subsequent investigation. If it becomes clear that a whistleblower’s anonymity cannot be protected, then this will be discussed with them before any disclosure is made. 3.6 Art of Protest encourages workers to put their names to information they disclose. Concerns expressed anonymously will be considered by Art of Protest. However, they can be harder to investigate. This may make it more difficult to gather evidence to confirm wrongdoing. It will also not be possible to provide feedback to an anonymous whistleblower during or following an investigation. Anonymous reports are however preferred to silence.4 How to raise a concern 4.1 You are at liberty to raise a whistleblowing concern to your line manager or Creative Director. If the person expressing the concern feels unable to approach their line manager or the Creative Director, then the Whistleblowing Officer, Gemma Waygood, should be the first point of contact. 4.2 A meeting will be arranged with you as soon as possible to discuss your concern. You may bring a colleague or support person to any meetings under this procedure. Your companion must respect the confidentiality of your disclosure and any subsequent investigation. You may be required to attend additional meetings in order to provide further information as the concerns raised are investigated. Any concern raised will be investigated thoroughly and in a timely manner, and appropriate corrective action will be pursued. You will be kept informed of progress and, whenever possible and subject to third party rights, informed of the resolution. However, sometimes the need for confidentiality may prevent us giving you specific details of the investigation or any disciplinary action taken as a result. You should treat any information about the investigation as confidential.Investigation and outcome5.1 Once you have raised a concern, the Whistleblowing Officer will carry out an initial assessment to determine the scope of any investigation. We will inform you of the outcome of our assessment. You may be required to attend additional meetings in order to provide further information. In some cases, the Whistleblowing Officer may appoint an investigator, which may include staff with relevant experience of investigations or specialist knowledge of the subject matter. 5.2 The manner in which the process is conducted is also important and should reflect the culture and ethos of Art of Protest. Those raising the concerns should be assured that what they have done is right and should feel supported throughout. The investigation will focus on facts, rather than opinions. Wherever possible, questions to witnesses or to the member of staff about whom allegations have been made will focus on non-leading questions (for example, “Tell me…”, “Describe to me…”, “Explain to me what happened…”) and on the clarification of concerns. The investigation may involve witnesses being asked if they have noticed any other matters of a similar nature – for example of a safeguarding nature if the whistleblowing concern is in that area – in connection with the member of staff; there may be questions about the perceived impact of the matter on the child, should that be relevant. 5.3 Questions may involve areas in which policy may have been breached and any reason or explanations of this. In the case of safeguarding matters, the Allegations Against Staff Policy will be followed and the guidance of the LADO will be acted on, and in other cases Art of Protest may also consult external advisers. The investigator(s) will report to the Whistleblowing Officer and clarify the facts of the case: it is the responsibility of the Whistleblowing Officer to decide how the matter is taken forward. The investigation may make recommendations for change to enable us to minimise the risk of future wrongdoing. 5.4 We will aim to keep you informed of the progress of the investigation and its likely timescale. However, sometimes the need for confidentiality may prevent us giving you specific details of the investigation or any disciplinary action taken as a result. You should treat any information about the investigation as confidential. If we conclude that a whistleblower has made false allegations maliciously or with a view to personal gain, the whistleblower will be subject to disciplinary action. The Whistleblowing Officer may decide that the investigation should lead to further action, which may include a Disciplinary Procedure.If you are not satisfied 6.1 If you are not satisfied While we cannot always guarantee the outcome you are seeking, we will try to deal with your concern fairly and in an appropriate way. By using this policy, you can help us to achieve this. If you are not happy with the way in which your concern has been handled, you can raise it with the Whistleblowing Officer6.2 If you feel unable to raise an issue with Art of Protest or feel that their genuine concerns are not being addressed, they may report their concerns to other whistleblowing channels, such as: Protect, an independent whistleblowing charity, previously known as Public Concern at Work (helpline: 020 3117 2502, email: whistle@protect-advice.org.uk, website: https://protect-advice.org.uk/). The NSPCC whistleblowing helpline (tel: 0800 028 0285 or email: help@nspcc.org.uk)It should be noted that under the Public Interest Disclosure Act 1998, there are circumstances where a member of staff may be entitled to raise a concern directly with an external body where the individual reasonably believes: that exceptionally serious circumstances justify it; that Art of Protest would conceal or destroy the relevant evidence; where they believe they would be victimised by The Manor; or where the Secretary of State has ordered it.Malicious Accusations 7.1 False, malicious, vexatious or frivolous accusations will be dealt with under Art of Protest’s Disciplinary Procedure. Protection from Reprisal or Victimisation 8.1 No member of staff will suffer a detriment or be disciplined for raising a genuine and legitimate concern, providing that they do so in good faith and following the Whistleblowing procedures. Protection and support for the alleged perpetrator 9.1 Support for the alleged perpetrator is also vital to fulfilling the school’s duty of care to all employees. The alleged perpetrator should be informed of concerns or allegations as soon as possible and given an explanation of the likely course of action, unless there is an objection by the children’s social care services or the police. The individual should be advised to contact their trade union representative, if they have one, or a work colleague for support. They should also be given access to support and counselling. The Whistleblowing Officer should will keep the person who is the subject of the allegation informed of the progress of the case and consider what other support is appropriate for the individual. Particular care needs to be taken when employees are suspended to ensure that they are kept informed of both the progress of their case and current work-related issues. Social contact with colleagues and friends should not be prevented unless there is evidence to suggest that such contact is likely to be prejudicial to the gathering and presentation of evidence. The alleged perpetrator will be advised not to threaten or retaliate against whistleblowers in any way. If there is any such conduct, the alleged perpetrator involved may be subject to disciplinary action. Whistleblowing Officer - Gemma Waygood gemma.aopporojects@gmail.com