Raising Concerns – EA Whistleblowing Policy and Procedure Section 5 - Members of the Public – Raising a Concern for the Greater Good

Members of the Public – Raising a Concern for the Greater Good

A member of the public can raise concerns directly with any public sector organisation. The nature of the issue raised will determine the policy under which the organisation should consider the matter. 

Many organisations regard whistleblowing as an internal matter, involving only staff of the organisation. However, for example, a visitor to an EA premises may witness a potential danger, or a member of the public may know about potentially fraudulent behaviour by a public official. These people are not directly affected by the matter but wish to raise a concern in the public interest. EA treats such concerns seriously and these will be dealt with in the same way as concerns raised by staff members. It is the issue being raised which is important, not the person raising it. 

Identifying the correct policy or procedure is important in helping resolve and/or address your concern. Upon receipt of your concern, EA will identify the correct policy/procedure under which the concern will be addressed.

  • Danger, wrongdoing or illegality that affects others, including anonymous concerns - RAISING CONCERNS / WHISTLEBLOWING POLICY
  • Allegation of fraud or financial impropriety: ANTI-FRAUD POLICY
  • Service complaint: COMPLAINTS HANDLING POLICY AND PROCEDURE

Raising a Concern

Concerns raised about EA will be investigated through the Raising Concerns – EA Whistleblowing Policy and Procedure. These concerns will focus on issues/concerns about EA or, on occasion schools, and will be, for the most part, investigated by internal investigations. 

EA has a single point of contact for members of the public who wish to raise a concern in the public interest. As a member of the public, you may raise a concern in the first instance through the following channels:

  • Online:          Fill in our Complaints Form
  • By Email:       feedback@eani.org.uk
  • By Phone:     Call our Complaints Office on 028 9047 5399
  • By Post:        Complaints Office, 1 Hospital Road, Omagh, Co Tyrone, BT79 0AW

When raising a concern, please tell us:

  • Your full name and contact details (optional);
  • As much as you can about the concern; and
  • What has gone wrong.

Legislation

Whistleblowing legislation does not apply to members of the public as outlined by the Northern Ireland Audit Office as follows:

“Legislation is in place to provide a remedy to workers who raise concerns about wrongdoing at work.  It allows them to take their employer to an employment tribunal if they are victimised in any way as a result of raising a concern. As a member of the public, you have no employment relationship with the organisation about which you are raising a concern and so will not have, and will not need, this legal protection”.

EA’s Commitment to Members of the Public

EA commits to the following:

  • Create a safe environment for members of the public to speak up;
  • Establish a clear whistleblowing policy;
  • Simplify reporting procedures and ensure action on reports;
  • Encourage members of the public to report issues to prevent harm;
  • Support a culture free of retaliation;
  • Provide training and support for reporting;
  • Act quickly to investigate and resolve reports;
  • Act promptly to manage potential risks; and
  • Encourage reporting to manage problems efficiently.

What Members of the Public can Expect When Raising a Concern

Timeframe

Concerns under whistleblowing can be complex and require time to fully investigate, therefore it can be difficult to set a timeframe. EA however commits to resolving whistleblowing concerns as soon as possible and within a reasonable timeframe given the nature of the case. EA aims to have most cases investigated and concluded within 30 working days from acceptance of the matter as a whistleblowing case. Where you have provided contact details, and where the case cannot be resolved within this timeframe, we will contact you.

Letter of Acknowledgement 

The Corporate Governance Service will acknowledge receipt of the concern within 7 working days.

Confirmation Letter 

The letter of confirmation will confirm that EA considers your concern to be whistleblowing and will inform you of how this will be considered and managed as per the Raising Concerns – EA Whistleblowing Policy and Procedure. 

Investigation 

The Corporate Governance Service will arrange for an appropriate member of EA staff to investigate your concerns and produce an investigation report including recommendations. The investigating officer will normally be from within the directorate that the concern is raised about and have the specialist knowledge to consider your concern in detail. 

If your whistleblowing concern is regarding a matter that is the responsibility of a school, EA will refer this matter directly to the school to be managed under the school’s relevant policy/procedure.

Letter of Closure

If you provide contact details, you will receive a letter of closure to inform you that the matter has been fully investigated and that any recommendations as a result of the investigation will be actioned. Please note, information that is deemed to be sensitive, or that would breach data protection will not be shared. For example, if your concern is in relation to a member of staff, as a member of the public, you will not receive any detail regarding the investigation findings or outcome. 

What EA Expects from Members of the Public Raising Concerns

In order to successfully listen to, manage and resolve your concerns EA requests that whistleblowers consider the following:

  • Whistleblowing should serve the public interest;
  • Provide evidence where it is available;
  • Be open, honest and transparent in your sharing of information;
  • Disclosures must be factual and accurate;
  • State facts and not hearsay;
  • Focus on the matter(s) of concern in your correspondence;
  • Provide contact details if you wish to receive acknowledgement and outcome; and
  • Tell us if you want to remain anonymous.

The following should be considered by members of the public when raising concerns:

  • Be aware of the appropriate way to raise your concern.
  • Be familiar with the Raising Concerns – EA Whistleblowing Policy and Procedure.
  • Gather relevant supporting evidence.
  • Follow the Raising Concerns – EA Whistleblowing Policy and Procedure to submit your concern.
  • Note the expected timeframe for acknowledgement and feedback on your concern.
  • Keep a record of the date you reported your concern along with any related documentation.
  • If necessary, inquire about the progress of your concern.

Confidentiality

We recognise that you may want to raise a concern in confidence under this policy. If you ask us to protect your identity by keeping your confidence, we will not disclose it without your consent. If the situation arises where we are unable to resolve the concern without revealing your identity (for instance because your evidence is needed in court), we will discuss this matter with you. 

The EA will take practical steps to try and protect the confidentiality of the person raising the concern including: 

  • ensuring that paper files and electronic files are properly classified and stored as confidential; and
  • ensuring the minimum number of people have access to case files.

Anonymous Disclosure

This policy encourages an individual to put their name to the issue of concern whenever possible as, without this, it is more difficult to investigate a matter and to corroborate facts. However, the EA will take seriously concerns raised anonymously and will carry out such investigations as deemed necessary. 

It may be the case that: 

  • detailed investigations may be more difficult to progress if you choose to remain anonymous and cannot be contacted for further information;
  • the information and documentation you provide may not easily be understood and may need clarification or further explanation;
  • there is a chance that the documents you provide might reveal your identity; and
  • it may not be possible to remain anonymous throughout a detailed investigation. 

EA will be unable to give feedback on the outcomes of any action taken. Concerns expressed anonymously are therefore much less powerful but will be considered.

Unacceptable Actions Policy

EA’s Unacceptable Actions Policy sets out our approach to the relatively few complainants whose actions or behaviour we consider unacceptable. The term also includes anyone acting on behalf of a complainant or who contacts us in connection with our business.

People may act out of character in times of trouble or distress. There may have been upsetting or distressing circumstances prior to engagement with the EA. The EA do not view behaviour as unacceptable just because an individual is assertive or determined. However, the actions of individuals who are demanding, obsessive, prolific, repetitive, harassing or persistent may result in unreasonable demands on the EA, our resources and an unacceptable impact on staff. It is these actions that we consider unacceptable and aim to manage under this Policy.  We have grouped these actions under three headings: 

  • Aggressive or abusive language or behaviour
  • Unreasonable demands
  • Unreasonable persistence.

In certain circumstances, where a complainant’s behaviour has been deemed particularly vexatious or unreasonable, the EA reserves the right to impose some form of restricted contact. You can find details of the full policy here: Unacceptable Actions Policy

Independent Advice

If you are unsure whether to use this procedure or you want independent advice at any stage, you may contact your union or the independent charity, PROTECT Tel: 020 3117 2520 3117 2520 

PROTECT can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work. For more information, you can visit their website at PROTECT Advice for Whistleblower Advice Line | Protect – Speak up stop harm