Whistleblowing Policy

3) Disclosures made by Birmingham Children’s Trust employees, agency staff, and any other individuals working for the Trust  

The Public Interest Disclosure Act 1998 (“PIDA”)

3.1 PIDA is designed to encourage and enable employees to make a disclosure about any suspected serious misconduct, illegal act or a dangerous situation within the organisation.

3.2 This is called making a “Protected Disclosure” under PIDA, and when it is made in the public interest and in accordance with this policy, an employee is legally protected from harassment or victimisation and will not be subject to any other detriment as a result of the disclosure.

3.3 The person making the disclosure does not have to be directly or personally affected by the serious misconduct but must believe that the disclosure is true and the disclosure must be made in the public interest.

3.4 To be protected, the disclosure must be in the public interest and raise a concern that:

a) a criminal offence (e.g. fraud, corruption or theft) has been, is being or is likely to be committed;

b) a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject;

c) a miscarriage of justice is occurring, has been or is likely to occur;

d) the health or safety of any individual has been, is being or is likely to be endangered;

e) the environment has been, is being or is likely to be damaged, or;

f) that information relating to any of the above is being deliberately concealed or attempts are being made to conceal the same.

3.5 PIDA will protect any employee making a protected disclosure, irrespective of whether or not the disclosure relates to information gained in the course of their employment (e.g. a protected disclosure made by an employee acting as a service user would still fall under the PIDA protection).

3.6 If an employee does not feel comfortable making a disclosure to the Trust, he/she shall be entitled to make a disclosure to other prescribed persons. For further information please see Schedule 2.