Public Interest Disclosure / Whistleblowing Policy
Last updated: August 2024
1 Introduction
Power to Change (‘the Trust’) is committed to maintaining the highest standards of ethics, honesty, openness and accountability.
Any fraud, misconduct or wrongdoing, by employees or other agents, should be reported and will be properly acted upon. This policy applies to all employees and all other agents of the Trust (including contractors), who are encouraged to raise concerns in a responsible manner.
2 Responsibilities
Individuals are encouraged to bring to the attention of the Trust any practice or action of the Trust, its employees or other agents that they reasonably believe is against the public interest as quickly as possible, if they believe that the practice or action is:
- a criminal offence
- improper or unethical conduct
- suspected fraud or misuse of charitable funds
- a failure to comply with any legal obligation
- a danger to the health or safety of any individual or damage to the environment
- an attempt to conceal information on any of the above
The above list is not exhaustive.
Any individual raising legitimate concerns in good faith will not be subject to any detrimental treatment, either during or after employment with the Trust. The Trust will also endeavour to ensure that the individual is protected from any intimidation or harassment by any other parties.
However, if an individual raises a concern and they are found to be culpable, or in any way involved in the wrongdoing, or if they raise a concern maliciously or in a manner not prescribed in this policy, then they may be subject to disciplinary action up to and including dismissal without notice for gross misconduct. Contractors may be deemed in breach of contract and their contract may be terminated.
3 Procedure
In the first instance, any concerns an individual may have should be raised with their line manager. If they believe their manager to be involved, or if, for any reason, they do not wish to approach their manager, then they should raise it with the Chief Operating Officer or the Chief Executive or, in exceptional circumstances, the Chair of Power to Change. Each has the right to refer the complaint back to management if he/she feels that management, without any conflict of interest, can investigate the complaint more appropriately.
Any matter raised under this policy will be investigated promptly and confidentially. The identity of the individual raising the issue may be kept confidential so long as it does not hinder or frustrate any investigation. If confidentiality cannot be maintained, we will communicate this with the whistleblower However, the investigation process may reveal the source of the information and a statement may be required as part of the evidence collated.
4 Investigation and outcome
Once a concern has been raised the Trust will carry out an initial assessment to determine the scope of any investigation. The individual will be informed of the outcome of the assessment and may be required to attend a meeting to provide further information.
If the allegation is of a serious nature an external investigator may be appointed, who may recommend actions to enable the Trust to minimise the risk of future wrongdoing.
The individual will be kept informed of the progress of any investigation and its likely timescale. Sometimes the need for confidentiality may prevent the Trust providing specific details of the investigation to the individual or any disciplinary action taken as a result. All information about the investigation should always be treated as confidential.
The outcome of the investigation, as well as any necessary remedial action to be taken, will be confirmed to the individual raising the issue. If no action is to be taken, the reason for this will be explained.
In the unlikely event that the Trust concludes that a whistle-blower has made a false allegation maliciously, or with a view to personal gain, the whistle-blower could be subject to disciplinary action or termination of contract.
5 Protection and support for whistle-blowers and those against who wrongdoing is alleged
It is understandable that whistle-blowers are sometimes worried about possible repercussions. The Trust aims to encourage openness and will support all individuals who raise genuine concerns under this policy, even if they turn out to be mistaken. It will also support those against whom wrongdoing is alleged whist the matters raised are investigated.
Individuals should not suffer any detrimental treatment as a result of raising a concern or from having an unfounded concern raised against them. Detrimental treatment could include disciplinary action, threats or other unfavourable treatment connected with raising a concern. If an individual believes that they have suffered any such treatment they should inform the Chief Operating Officer. If the matter is not remedied to their satisfaction it should be raised it formally using the Trust’s grievance procedure.
6 External disclosure
The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases an individual who has raised a concern should not find it necessary to alert anyone externally.
If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted but the individual believe that the appropriate remedial action has not been taken, it is their lawful right to report their concerns to a proper external authority such as a regulator. These authorities include:
- HM Revenue & Customs
- the Health and Safety Executive the Environment Agency
- the Information Commissioner
- the Charities Commission
This list is not intended to be exhaustive. Care should be taken to ensure the proper authority is contacted in relation to the particular concern raised.
It will very rarely, if ever, be appropriate to alert the media. The Trust strongly encourages the individual to seek advice before reporting a concern to anyone external. Details of any concern raised in accordance with this policy should not be disclosed to a non-relevant third party and should not be publicised externally in any way.
The independent whistleblowing charity, Protect, operates a confidential helpline.
If an individual is unsure of how to use this policy the Chief Operating Officer should be contacted in the first instance. or if an individual feels they need independent advice at any stage, the independent charity Protect can be contacted at:
Suite 306, 16 Baldwin’s Gardens, London, EC1N 7RJ
Tel No 020 3117 2520
7 Money laundering
The Trust maintains a strict anti-money laundering policy to ensure compliance with the proceeds of Crime Act and the Money Laundering Act 2007.
If a Trust staff member has a ‘reasonable suspicion’ that there is a breach of the Proceeds of Crime Act or the Money Laundering Act then they should report this to the Trust’s Money Laundering Reporting Officer (MLRO) which in the case of PTC is the Director of Finance & Operations.
The MLRO will investigate the issue and decide whether further action is required including whether the incident should be reported to the National Crime Agency (NCA).
If a grantee is potentially under suspicion, then this information should not be mentioned to the grantee until any investigation has been completed.
8 Policy status
This policy was prepared for the Board of the Power to Change Trust. It will be reviewed on an annual basis.
Approved by Board on 03 July 2024