Whistleblowing Policy

8) Confidentiality and Anonymity

8.1 PIDA does not contain any specific provisions for confidentiality in relation to protected disclosures. However, the Trust will seek to treat all disclosures in confidence as a means of preventing victimisation and will endeavour to avoid disclosing information identifying any whistleblower, even if the Trust considers that the disclosure by the whistleblower falls outside the scope of a protected disclosure. Although, please be aware, there are situations where due to the circumstances of the alleged serious misconduct, it may be impossible to avoid disclosing information identifying any whistleblower. In these circumstances, the Trust will consult with the whistleblower prior to the disclosure taking place.

8.2 The Trust may also be required to disclose the identity of the whistleblower to third parties, where necessary for the purposes of undertaking investigations, for example where the disclosure relates to criminal offences where the Trust considers that the Police should investigate. 

8.3 There may also be situations where the Trust is obliged to disclose information, such as where there are legal proceedings following on from investigation of the disclosure. This may require the disclosure of witness statements or correspondence, and there is also the possibility that the whistleblower may be expected to give evidence at any hearing. In these circumstances, the Trust will discuss the implications for the whistleblower and, where appropriate, discuss appropriate support arrangements.

8.4 Anonymous disclosures will always be considered but, depending on the information given and the credibility of the evidence, there may not be enough information or sufficient evidence to pursue an investigation without the investigator being able to contact the whistleblower for further information.

8.5 The Trust is subject to the Freedom of Information Act 2000. This means there is a presumption that the Trust discloses any information it holds, unless that information falls under one or more exemptions and, in most cases, that the application of that exemption is in the public interest.

8.6 The Freedom of Information Act 2000 contains exemptions that may be applicable to permit the withholding of information identifying the whistleblower, including:

• s.40 Personal Data.
• s.41 Information which, if disclosed, would give rise to an actionable breach of confidence.

8.7 If the Trust receives a request for information identifying a whistleblower, it will contact the whistleblower to seek their reasonable views in respect of the disclosure or withholding of the information requested and, wherever possible, it will seek to comply with those views.

8.8 The Trust is mindful, in reconciling the legal obligation to disclose information it holds under the Freedom of Information Act 2000, of its legal obligations under:

a) The Public Interest Disclosure Act 1998 to avoid the discrimination or victimisation of employees or any other detriment on the part of the employee; and

b) The Health and Safety at Work etc. Act 1974, to protect the health and safety (including mental health) of employees.