|Key Line of Enquiry|
|SAFE||S1: How do systems, processes and practices keep people safe and safeguarded from abuse?|
|S2: How are risks to people assessed and their safety monitored and managed so they are supported to stay sage and their freedom is respected?|
|S6: Are lessons learned and improvements made when things go wrong?|
|WELL-LED||W1: Is there a clear vision and credible strategy to deliver high-quality care and support, and promote a positive culture that is person-centred, open, inclusive and empowering, which achieves good outcomes for people?|
All staff has a duty to ensure standards of quality care by raising concerns regarding wrongdoing or malpractice.
This policy will provide the means of ensuring that staff can confidentially raise genuine concerns of malpractice and/or misconduct through appropriate means at the earliest point without fear of reprisal.
Specific examples of when these may apply are set out below
This procedure is intended to provide a safeguard to enable members of staff to raise concerns about one or more of the following that has occurred, is occurring, or is likely to occur. These qualifying disclosures (see definition) mean that staff can raise a concern about risk, malpractice or wrongdoing that they think is harming the services, might harm or has harmed in the past any aspect of the services that El Marsh Care Ltd – delivers. A few examples of this might include (but are by no means restricted to):
The Registered Manager, in consultation with Harpreet Johal, shall have discretion over the nature of the investigation into concerns raised, including, where it is considered appropriate, the involvement of others such as Adult Social Services or auditors. If there is evidence of criminal activity, the Police will be informed.
All whistle-blowing concerns will be investigated. However, if a member of staff is found to have made allegations maliciously and/or not in good faith, disciplinary action may be taken. A member of staff will never be disciplined for raising a concern, so long as they follow the whistleblowing procedure or make disclosures in accordance with the Public Interest Disclosure Act 1998.
Unless an employer has taken reasonable steps to prevent this type of victimisation by co-workers, it will be deemed liable for the acts of its staff. It is therefore no longer enough to deal with incidents of bullying or harassment as and when they arise, on a case by case basis. The only basis upon which an employer will now be able to defend itself against liability for the actions of its staff will be by proactive steps. In order to demonstrate a “reasonable steps” defence, an employer will need to anticipate conduct such as bullying and harassment. To avoid incidents of bullying or harassment occurring, El Marsh Care Ltd – will take the following steps:
El Marsh Care Ltd – will seek legal or Human Resource advice when drawing up any settlement agreements or employment contracts to avoid the risk of breaching the Public Interest Disclosure Act.