Whistleblowing Policy
Introduction
The Ministry Area Council (MAC) of the Merthyr Tydfil Area is committed to being open, honest and accountable. It will ensure that all complaints of serious wrongdoing are heard and addressed in a fair, prompt, and just way.
Everyone in the Ministry Area should feel that they have the right and the freedom to raise concerns about matters of practice or policy, and that such concerns will be heard justly. No-one should ever be victimised or punished for raising any concern in good faith.
This policy has been adopted to provide a mechanism for congregation members, members of staff, church officers, volunteers, and third parties to raise concerns about matters not otherwise addressed by the Ministry Area’s complaints, grievances, or safeguarding policies.
Whistleblowing is not the same as a complaint. It is about raising concerns regarding perceived malpractice or wrongdoing within the Church.
What is Whistleblowing?
Whistleblowing is the process by which an individual raises a concern about a perceived past, current or future wrongdoing in an organisation or body of people.
This whistleblowing policy applies to all employees and volunteers of the Ministry Area and provides advice on how they should address any personal matters of conscience or professional concern that they may experience in the course of their work. This may include something that an employee or volunteer believes is fundamentally wrong, illegal or endangers others within the Ministry Area or the public.
Matters that are against the public interest may be classed as a qualifying disclosure (often referred to as whistleblowing) which then provides legal protection for individuals making such disclosures under the Public Interest Disclosure Act 1998.
What is a Qualifying Disclosure?
The Public Interest Disclosure Act 1998 (the ‘Act’) provides protection for workers who raise legitimate concerns about specified matters. These are called “qualifying disclosures”.
A qualifying disclosure is one made in the public interest by a worker who has a reasonable belief that either:
a criminal offence;
a miscarriage of justice;
an act creating risk to health and safety;
an act causing damage to the environment;
a breach of any other legal obligation;
financial malpractice, fraud, or impropriety;
other illegal behaviour or serious malpractice which cannot be raised under an alternative policy; or
concealment of any of the above;
is being, has been, or is likely to be, committed.
It is not necessary for the worker to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient.
The worker has no responsibility for investigating the matter – it is the organisation’s responsibility to ensure that an investigation takes place.
A worker who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.
Who Does This Policy Apply To?
This policy applies to all office holders, employees, and volunteers of the Merthyr Tydfil Ministry Area. Other individuals who, having had contact with the Ministry Area or its officers, staff, or volunteers, have any cause for concern are also encouraged to use it.
Whilst the Act does not afford the same legal protection to office holders, volunteers, or other stakeholders, the MAC is committed to offering such protection to all who use this policy.
Which Sorts of Disclosures Are Not Covered Under This Policy?
This whistleblowing policy does not apply to:
Complaints
A complaint is an expression of your dissatisfaction which calls for a response. If you want to make a complaint, you should use our Complaints Policy.
Safeguarding Concerns
Any concerns relating to the safeguarding of children or vulnerable adults should be reported to the Provincial Safeguarding Officer.
If you have information about a safeguarding situation where a child or adult is in immediate danger or requires urgent medical attention, please call the emergency services now on 999, before contacting the Provincial Safeguarding Officer.
If the individual feels unable to contact the Provincial Safeguarding Officer, or the allegation involves a Provincial Safeguarding Officer, they should follow the Church in Wales Whistleblowing (Safeguarding) guidance.
Bullying or Harassment
Concerns related to bullying or harassment should be addressed according to the Church in Wales Bullying and Harassment Policy.
Employment Concerns
Members of staff wishing to raise a complaint related to their contract or conditions of employment should raise a grievance under the Ministry Area’s Grievance Procedure.
Clergy Conduct
A concern related to clergy conduct should be reported to the Bishop, in line with the Church in Wales Disciplinary Policy and Procedure of The Clergy
Though not formally covered under this policy, the MAC expects - and within its power, will ensure - that all types of complaints in this section will be heard in a manner consonant with this policy; i.e confidentially, fairly, and without fear of recrimination.
How to Raise a Concern?
We hope that in many cases you will be able to raise any concerns with the person to whom it relates. However, where you prefer not to raise it with that person for any reason, you should contact your cleric, your churchwarden, or the Ministry Area Leader. If you feel unable to raise it with any of these people, you should contact the diocese through the Archdeacon.
You can make your disclosure orally but written disclosures are preferable as these will make the process more efficient and effective.
In your disclosure, you should:
provide any relevant context and background, including relevant dates, venues, names etc
state clearly the reason why the situation causes concern.
You must say that you are raising your concern using the whistleblowing policy and whether you wish your identity to be kept confidential
The person to whom the concern is reported will normally be responsible for hearing it. If this is inappropriate due to a conflict of interest, or not possible for any other reason, they will nominate another Ministry Area officer or MAC member to be responsible for addressing the concern. Said person will be the responsible person for the rest of the procedure.
Can I Make a Disclosure Anonymously?
We hope that whistleblowing concerns can be voiced openly under this policy.
You can, if you wish, choose to remain anonymous when making a disclosure. However, it is more difficult to investigate such disclosures especially if further information is required. It also means you are unlikely to be kept informed of any action resulting from your disclosure.
If you want to raise your concern confidentially, we will make every effort to keep your identity secret and only reveal it where necessary to those involved in investigating your concern.
How Will the Concern Be Addressed?
Once a disclosure has been made,, the responsible person will:
make a record of its receipt
assess whether the disclosure is a ‘qualifying disclosure’, or whether it would be more appropriately dealt with through another relevant policy or process.
arrange a meeting with you as soon as possible to discuss your concern. You may bring a friend, colleague or union representative to any meetings under this policy. Your companion must respect the confidentiality of your disclosure and any subsequent investigation.
The responsible person may conduct such further investigation as is necessary to resolve the concern. This may involve speaking to the person or people you are concerned about.
At the conclusion of their investigation the responsible person will write to you informing you of their conclusions:
If they have deemed action necessary, they should inform you of what will be done, and the expected timescale to address it.
If they have judged further action unnecessary, they should inform you of their reason(s) for that conclusion.
You will be informed of the progress and timescales of the investigation, where it is appropriate. You must keep all such information confidential.
The responsible person will keep records of their investigation and conclusions. At the end of the process they will give their records to the Ministry Area Administrator to be filed in accordance with the Ministry Area’s records policy.
If you are unsatisfied with how your concern has been addressed, you may write to the Lay Chair. You should write to them within 10 working days of receiving the letter spoken of above. They will reply to you within 10 working days.
If at the conclusion of the above processes you still do not feel that your concern has been adequately addressed, you may write to the Archdeacon of Llandaff.
No action will be taken against a whistle-blower if the concern proves to be unfounded and was raised in good faith.
Any office-holder, staff member, or volunteer who threatens any sort of retaliation against a whistleblower may be subject to disciplinary action.
Malicious or otherwise vexatious complaints will be considered very seriously and may result in disciplinary action in the case of a paid employee, office holder or volunteer.
External Disclosures
You may wish to report your concerns to an external authority, such as a regulatory body. You may wish to take advice before reporting your concern to an external party.
If you need independent advice, Protect (https://protect-advice.org.uk/) operates a confidential helpline for employees, workers, and volunteers. It is an independent charity staffed by lawyers, who offer confidential free legal and practical advice on how people can raise concerns about malpractice in the place where they work or volunteer.
A list of prescribed people and bodies for the purposes of whistleblowing can be found here: https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2/whistleblowing-list-of-prescribed-people-and-bodies.
Disclosure made to the press will not be considered reasonable and may constitute misconduct.
Who is Responsible for This Policy?
The MAC are generally accountable for the operation of this policy. Any complaint that the policy is not being, or has not been, followed appropriately should be addressed to the Lay Chair.
If the concern relates to a member of staff or a volunteer, the Ministry Area Leader and Churchwardens are responsible for ensuring that the complainant is not punished or discriminated against in any way.
If the concern relates to the Ministry Area Leader, the Archdeacon and the Churchwardens are responsible for ensuring that the complainant is not punished or discriminated against in any way.