LEGAL

Whistleblowing Policy

Raising concerns in confidence. We are committed to a culture where concerns about wrongdoing can be raised safely and without fear.

New Path Care Limited is committed to the highest standards of conduct, transparency, and accountability. We recognise that staff, volunteers, and others connected with our organisation may sometimes have concerns about wrongdoing, malpractice, or risk to the welfare of children in our care. This policy encourages and enables those concerns to be raised and properly investigated.

This policy is made pursuant to the Public Interest Disclosure Act 1998 (PIDA) as amended by the Enterprise and Regulatory Reform Act 2013, and reflects our obligations as a registered children's home under the Children's Homes (England) Regulations 2015.

1. What is whistleblowing?

Whistleblowing (or “making a protected disclosure”) means raising a genuine concern about wrongdoing that is in the public interest. It is different from a personal grievance about your own employment, which should be dealt with through the grievance procedure.

The following types of concern may qualify for protection under this policy:

  • A criminal offence, including fraud or theft
  • Abuse, neglect, or risk to the welfare of a child in our care
  • A breach of a legal obligation or regulatory requirement
  • A health or safety risk to any person
  • A miscarriage of justice
  • The deliberate concealment of any of the above

You do not need to have proof of wrongdoing to raise a concern. We will take seriously any concern raised in good faith, even if it is not ultimately upheld.

2. Who this policy applies to

This policy applies to all employees, volunteers, contractors, and agency workers engaged by New Path Care Limited. It also applies to individuals who have recently left the organisation and who have concerns arising from their time with us.

3. How to raise a concern internally

Concerns should normally be raised as early as possible. In most cases, you should follow the steps below:

Step 1 - Your line manager

In the first instance, raise your concern with your line manager. If the concern relates to your line manager, or if you do not feel comfortable doing so, move to Step 2.

Step 2 - The Registered Manager

Raise your concern with the Registered Manager, Marie Kerr, at info@newpathcare.org.

Step 3 - The Responsible Individual

If you do not feel able to raise the concern with the Registered Manager, or if your concern is about the Registered Manager, contact the Responsible Individual, Tracey Brydson, directly.

When raising a concern, please provide as much detail as you can: what happened, when it happened, who was involved, and any witnesses or evidence. You may raise a concern verbally, but we recommend putting it in writing to ensure it is accurately recorded.

4. Raising concerns externally

In certain circumstances, it may be appropriate or necessary to report a concern to an external body. You are entitled to do so without first exhausting our internal procedure if, for example, you believe the concern will not be properly addressed internally, or if you have been victimised for raising it internally.

Relevant prescribed persons for external disclosure include:

  • Ofsted - concerns about a registered children's home: 0300 123 1231
  • Local Authority Designated Officer (LADO) - concerns about an adult who works with children: contact the relevant local authority
  • The Disclosure and Barring Service (DBS) - concerns about a person who should be barred from working with children
  • NSPCC Whistleblowing Advice Line - free and confidential advice: 0800 028 0285 or help@nspcc.org.uk

5. Confidentiality

We will treat all whistleblowing disclosures with appropriate confidentiality. We will not disclose your identity without your consent unless we are legally required to do so. If a disclosure requires us to take action that may reveal your identity, we will discuss this with you first.

Anonymous disclosures will be considered and acted upon where possible, but we may be limited in our ability to investigate if we cannot seek further information from you.

6. Protection from detriment

New Path Care Limited is committed to ensuring that no person who raises a genuine concern under this policy suffers any detriment as a result. Detriment includes dismissal, disciplinary action, demotion, harassment, exclusion, or any other unfavourable treatment.

Any person found to have subjected a whistleblower to detriment will be subject to disciplinary action, up to and including dismissal.

Under the Public Interest Disclosure Act 1998, workers who make a qualifying protected disclosure and who suffer detriment as a result may have a claim before an employment tribunal.

7. False and malicious allegations

This policy is intended to protect those who raise genuine concerns in good faith. It does not protect those who make allegations they know to be false or who use the whistleblowing procedure maliciously or vexatiously. Any person found to have made a malicious disclosure may be subject to disciplinary action.

8. Record keeping and review

We will maintain a confidential record of all disclosures made under this policy, the nature of the investigation conducted, and its outcome. This record will be reviewed periodically to identify any patterns or systemic issues.

This policy will be reviewed annually or following any significant change in legislation or regulatory guidance.

9. Further support

If you are unsure whether to raise a concern, or if you want independent advice before doing so, you can contact Protect (formerly Public Concern at Work), the UK's whistleblowing charity:

Have a concern to raise?

You can contact us in confidence. We take every concern seriously.