Whistleblowing policy at Noble's Hospital

Summary

The requester asked for the whistleblowing policy at Noble's Hospital and whether it differs from other Isle of Man Government departments. The Department of Health and Social Care confirmed that a single policy applies to all government staff, including Noble's Hospital, and released the attached document.

Key Facts

• The Whistleblowing Policy applies to all Isle of Man Government staff, including those at Noble's Hospital.
• There is no separate or different policy for Noble's Hospital compared to other government departments.
• The current policy version (V3) was issued by the Office of Human Resources, Cabinet Office in September 2016.
• The policy came into effect on 1 September 2016.
• The policy was originally developed in 2007 following the Employment Act 2006.

Data Disclosed

• 2018-04-20
• 2018-04-23
• 440855
• 26
• 2
• 2007
• 2006
• 2009
• 2013
• 1 September 2016
• September 2016
• V3
• 01624 642621

Original Request

1 - What is the current Whistleblowing policy for staff employed at Noble's Hospital? 2 - Is it any different from other departments and areas of Isle of Man Government employment?

Data Tables (1)

Full Response Text

Chief Executive: Malcolm Couch Freedom of Information Team DHSC Digital Cronk Coar Strang IM4 4RJ

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 440855 23 April 2018

Dear ###

We write further to your request which was received on 20 April 2018 and which states:

"1 - What is the current Whistleblowing policy for staff employed at Noble's Hospital? 2 - Is it any different from other departments and areas of Isle of Man Government employment?"

Our response to your request is as follows: I have detailed below the information that is being released to you. The current Whistleblowing Policy is attached which applies to all Isle of Man Government staff, including those employed at Nobles Hospital.

Please quote the reference number 440855 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to us at; Chief Executive: Malcolm Couch Freedom of Information Team DHSC Digital Cronk Coar Strang IM4 4RJ

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

Page | 1

Isle of Man Government Whistleblowing
(Confidential Reporting) Policy and Guidance

Office of Human Resources, Cabinet Office September 2016 V3

Page | 2

Introduction by the Chief Minister Hon Allan Bell MHK

The Isle of Man Government values its people and is committed to supporting and promoting an environment of openness, integrity and accountability. The responsibility for creating such an environment is shared by everyone and everyone has a role to play.

Within any organisation it is important to provide safeguards for staff. As a channel for members of staff to speak up when someone is acting recklessly, flouting Government policy, breaching our code of conduct or potentially breaking the law, a robust Whistleblowing policy is essential. A climate of open communication, supported by a clear procedure for dealing with concerns, can help to reduce misconduct and ensure that any such concerns are dealt with expeditiously.

The Whistleblowing Policy is intended to encourage and enable you to raise serious concerns internally in the first instance without fear of reprisal.

This revised Policy, which has been endorsed by the Council of Ministers with the support of the Chief Officers Group, relates to all Isle of Man Government staff and comes into effect on 1 September 2016.

Hon Allan Bell MHK Chief Minister August 2016

Page | 3

Executive Summary

1. Background The Whistleblowing (Confidential Reporting) Policy was originally developed in 2007 when the Employment Act 2006 came into force. This legislation introduced the concept of ‘Protected Disclosures’ which provides for workers to be protected when making disclosures regarding serious wrongdoing on the part of work colleagues. This Policy was reviewed in 2009 when a few minor amendments were made to the Policy. In December 2013 the Bribery Act 2013 came into force, precipitating the requirement for an Anti-Bribery Policy as well as a review of the Whistleblowing Policy.
2. Key Points of the Whistleblowing Policy
   The Whistleblowing Policy seeks to promote a culture in which workers can raise concerns without fear of victimisation or recrimination, but in the knowledge that complaints shown to be malicious or vexatious will lead to disciplinary action. The Whistleblowing Policy makes it clear that any attempt to thwart the whistleblower by a fellow worker will be treated as serious misconduct.
3. Risk Non-adherence to the requirements of either the Employment Act 2006 or the Bribery Act 2013 could potentially result in both financial loss and reputational damage to the Isle of Man Government.
   Under the Employment Act 2006 the dismissal of an employee will be automatically unfair if the principal reason for their dismissal is that they have made a "protected disclosure". The Act also protects workers from being subjected to any detriment on the ground that they have made a "protected disclosure.”
4. Responsibility and Procedure The Whistleblowing Policy confirms that overall corporate responsibility for ensuring compliance lies with Accounting Officers, who are responsible for completing an annual return for submission to the Chief Secretary. Employees are required to avoid activity that breaches this Policy which sets out a safe confidential procedure to follow to report any suspicious activity. Guidance is also offered to line managers who are often the first point of contact for employees raising such a concern. A flowchart is included to illustrate the procedure when considering making a protected disclosure/blowing the whistle.

Page | 4

Table of Contents

Executive Summary .......................................................................................... 3 Whistleblowing Policy ........................................................................................ 5 1. Policy Statement .................................................................................... 5 2. Policy Aims ............................................................................................ 5 3. Principles............................................................................................... 5 4. Scope ................................................................................................... 5 5. Government’s Expectation and Commitment to Action ............................... 6 6. Safeguards ............................................................................................ 6 7. Your Responsibility ................................................................................. 6 8. Your Assurance ...................................................................................... 7 9. Confidentiality ........................................................................................ 7 10. Anonymous Allegations ........................................................................... 7 12. Relationship with other Procedures .......................................................... 8 13. Responsible Officer ................................................................................ 8 14. Statutory Rights ..................................................................................... 9 15. Statutory Obligations .............................................................................. 9 16. Caveats – Misuse of the Policy ................................................................ 9 17. Consultation and Review ....................................................................... 10

Appendix A .................................................................................................... 10 Guidance for Individuals ................................................................ 10 Appendix B .................................................................................................... 15 Guidance for Line Managers ............................................................ 15 Appendix C .................................................................................................... 17 Definitions and Glossary ................................................................ 17 Appendix D .................................................................................................... 20 Legislation Relevant to Protected Disclosures ....................................... 20 Appendix D1 .................................................................................................. 21 Relevant Legislation, Policies, Codes, Procedures and Regulations .............. 21 Appendix E .................................................................................................... 22 Designated Officers ...................................................................... 22 Appendix F Flowchart to illustrate the Whistleblowing Process ............................ 23

Page | 5

Whistleblowing Policy

1. Policy Statement

Isle of Man Government is committed to the highest possible standards of openness, integrity and accountability. In line with that commitment members of staff are encouraged to raise serious concerns regarding any aspect of Government’s work through the appropriate channels without fear of reprisal.

1. Policy Aims

This policy aims to:

i. provide a coherent and consistent framework to enable Government staff to understand and implement procedures to enable compliance with the law and regulations; ii. enable members of staff to identify what constitutes a serious concern or wrongdoing; iii. enable and encourage members of staff to effectively report a potential
breach; iv. provide avenues for members of staff to raise concerns and receive feedback on any action taken; v. allow members of staff to take the matter further if they are dissatisfied with their line manager’s response; vi. reassure members of staff that they will be protected from reprisals or victimisation for whistleblowing in good faith.

1. Principles

The Isle of Man Government values its people and seeks to support an environment promoting the three fundamental principles of corporate governance: openness, integrity and accountability. The responsibility for creating such an environment is shared by everyone and everyone has a role to play.
4. Scope

i. This policy applies to all persons in the employment of any Statutory Board, Government Department or Office (all hereinafter referred to as “the Government”), whether full-time, part-time, temporary, casual, agency worker, volunteer or consultant.

ii. The policy applies to all of Government’s activities as well as to all contractors and suppliers to Government of goods and/or services. The Clerk of Tynwald’s Office is not part of the Government, but has agreed that this policy will be applied in that Office as if it were. References to the Government should therefore be taken to be, in so far as the Clerk of Tynwald’s Office is concerned, the Tynwald Management Committee.

Page | 6

1. Government’s Expectation and Commitment to Action

i. The Government requires that all members of staff and those with whom it deals: a) act honestly and with integrity at all times; b) safeguard the Government’s resources and good reputation; c) comply with the spirit, as well as the letter, of the law and regulations of all jurisdictions in which the Government operates, in respect of the lawful and responsible conduct of activities.

ii. The Government commits to:

a) setting out a clear Whistleblowing Policy and keeping it up to date; b) making all members of staff aware of their responsibilities to adhere strictly to this policy at all times; c) encouraging staff to be vigilant and to report any suspicions of wrongdoing, providing them with suitable channels of communication and ensuring sensitive information is treated appropriately; d) providing information to all staff about how to report breaches and suspected breaches of this policy; e) rigorously investigating instances of alleged wrongdoing and assisting police and other appropriate authorities in any resultant prosecution; f) taking firm and vigorous action against any individuals involved in wrongdoing; g) ensuring that staff members who blow the whistle in good faith are not victimised in line with the law and this policy. 6. Safeguards

i. It is the intention of this policy to make it clear that members of staff can speak out without fear of victimisation, discrimination or disadvantage.

ii. Nothing within this policy document overrides the statutory rights of any member of staff.

1. Your Responsibility

i. The prevention, detection and reporting of wrongdoing are the responsibility of all those working for the organisation or under its control. All staff and members are required to avoid activity that breaches this policy.

ii. You must: a) ensure that you read, understand and comply with this policy; b) raise concerns as soon as possible if you believe or suspect that a breach of this policy has occurred, or may occur in the future.

iii. Whistleblowers are discouraged from approaching the media or politicians, as doing so may hamper an objective investigation if the matter extends into the public domain.

iv. As well as the possibility of civil and criminal prosecution, staff and members that breach this policy will face disciplinary action, which could result in dismissal for gross misconduct.

Page | 7

1. Your Assurance

i. The Government recognises that the decision to report a concern is not an easy one to make, not least because of the fear of reprisal from those being reported or other colleagues. The Government will not tolerate harassment or victimisation from members of staff and will take appropriate action, including the application of disciplinary procedures, to protect you where you make a disclosure in good faith. It will be the responsibility of the Designated Officer (See Appendi

[Response truncated — full text is 58,590 characters]