Our staff need to feel that if they witness any issues relating to safeguarding, health and safety, and anything else regarding children and adults in the setting, that they have an informal and formal process to follow to raise these concerns.

‘Whistleblowing’ is defined as ‘raising concerns about misconduct within an organisation or within an independent structure associated with it’ (Nolan Committee on Standards in Public Life).  In the legislation it is called a protected disclosure.  The Public Interest Disclosure Act 1998 protects employees from suffering a detriment in their employment or being dismissed by their employer if they make disclosures in accordance with the legislation.

A ‘whistleblower’ is a person who raises a genuine concern in good faith relating to any of the disclosures listed in ‘Scope of the Code’. If you have any genuine concerns related to suspected wrongdoing or danger affecting any of the Nursery School’s activities (a whistleblowing concern) you should report it under this policy.  An employee has certain common law confidentiality obligations to their employer.   However, in a limited set of circumstances whistleblowing may override these obligations if an employee reveals information about their employment or the work of the Nursery School.  This guidance sets out the circumstances under which these disclosures may lawfully be made.

The Tots' Clubhouse Nursery School is committed to the highest possible standards of openness, honesty and accountability.  In line with that commitment we encourage employees and others with any concerns about any aspect of the setting or operations to come forward and voice those concerns.  It is recognised that informal and formal disclosures will proceed differently and serious cases will be dealt with on a confidential basis. 

This policy document makes it clear that employees can raise issues without fear of reprisals. It is intended that this policy will encourage and enable employees to raise concerns within the setting rather than overlooking a problem or having it playing on their mind. 

Staff have the right and individual responsibility to raise any matters of concern regarding any policy or practice at work.  Staff are responsible for the safety and well being of all children attending the Nursery School and this takes priority over loyalty towards colleagues. 

This policy is underpinned by the Public Interest Disclosure Act 1998, which encourages people to raise concerns about misconduct or malpractice in the workplace, in order to promote good governance and accountability in the public interest. 

The act covers behaviour that amounts to:

• A criminal offence
• Failure to comply with any legal obligation
• A miscarriage of justice
• Danger to health and safety of an individual and/or environment
• Bullying, humiliation, discrimination, poor practice, unsafe practice, abuse or neglect
• Deliberate concealment of information about any of the above

A concern must relate to something which:

• is a breach of the Nursery School's policies
• falls below established standards or practice
• amounts to improper conduct, including something that may be
• a breach of the law
• a failure to comply with a legal obligation
• a possible miscarriage of justice
• a Health & Safety risk
• damaging the environment
• misuse of public money
• corruption or unethical conduct
• abuse of children, students or other users
• deliberate concealment of any of these matters
• any other substantial and relevant concern

This policy is intended to:

• Encourage and enable individuals to raise genuine and legitimate concerns
• Support staff to take an active role in the elimination of poor practice
• Ensure concerns are appropriately investigated
• Protect those making the complaint from victimisation or retaliation 

In addition to this policy we have other policies and procedures covering discipline, grievance and complaints. This policy is intended to complement these and to cover concerns that fall outside the scope of other procedures. The Director will investigate promptly and thoroughly, all concerns that are raised in accordance with this policy and will take appropriate action. 

Confidentiality

The Director will do its best to protect a person’s identity when a concern is raised, however in some circumstances identities will have to be revealed to the person complained against and the complainant may be asked to provide written or verbal evidence in support of their complaint. If a person’s identity is to be disclosed, he or she will be told before the disclosure and the reasons why this is necessary. Once the concerns have been raised, we expect that the complainant will not talkabout this to any other person inside or outside the setting. 

Anonymous Complaints 

When a concern is expressed anonymously it is much less powerful and harder to investigate. However they will still be reviewed, investigated and acted upon, where necessary.

Untrue Allegations 

If an allegation is made in good faith but it is not confirmed by the investigation, no action will be taken against the complainant.  If, however, an allegation proves to be malicious, action may be taken against the person responsible for the malicious act. 

How to raise a formal concern 

In the first instance, concerns should be raised with the Deputy Manager, Natalie Pullein. However this may not always be appropriate, in which cases concerns should be raised with the Director - Abigail Grant-Williams.

Concerns are best raised in writing, included in this should be the background and history of the concern, giving names, dates, places where possible and the reason why you are particularly concerned. The earlier you express your concerns the easier it is to take action.  If you do not wish to put the allegations in writing, the person to whom you are making the complaint will make a written record of the interview and will ask you to sign to confirm accuracy of the notes taken. Although you will not be expected to prove the truth of your allegations, you will be required to demonstrate that there are sufficient grounds for your concern. 

You should not: 

• Investigate the matter yourself 
• Alert those suspected of being involved 
• Approach or accuse individuals 
• Tell anyone other than the designated person’s i.e. Pre-School Manager and/or Director 

Within 10 calendar days of the receipt of your concern, you will receive a written acknowledgement of your concern, with a copy of your statement where appropriate. The Pre-School Manager and Director will investigate your concern and within 10 days you will be informed of what action is being taken and you will be kept up to date on the progress of the investigation.  You will also be informed of the outcome of any investigation. 

Any concerns that you have may be raised orally or in writing and those who wish to make a written statement should set out the background and history of the concern (giving relevant dates) and the reasons why you are particularly concerned about the situation. The earlier you express your concern the easier it will be to take action. 

You must make it clear that you are using this procedure. Try to pinpoint exactly what practice is concerning and why. 

The Nursery School will not expect you to prove that your concern is true but you will need to demonstrate to the person contacted that there are reasonable grounds for you to raise the issue.  It is perfectly acceptable for you to discuss your concern with a colleague and you may find it more comforting to raise the matter if there are two (or more) of you who have had the same experience or concerns.

If you have a concern about any malpractice/wrongdoing, we hope you will feel able to raise it first with the Pre-School Manager. If you feel that the matter is so serious that you cannot discuss it with the Pre-School Manager; or you consider that it is not appropriate, then you can contact the Director. 

If a concern against the Director is received then this will be treated in the same way as any other concern. It will receive the same serious consideration. Concerns about the Director should be raised with the Local Authority Early Years Team.  

How to raise an informal concern

In the first instance, informal concerns should be raised with the Pre-School Manager, Danielle Green.  A written record of the concern will be made during any discussion of the concern.  This will be raised with the persons involved during their daily supervision and/or at their half-termly Supervision meetings.  Actions will be agreed with the persons involved during these meetings.

Self-reporting 

There may be occasions where a member of staff has a personal difficulty, or perhaps a physical or mental health problem, which they know to be impinging on their professional competence.  Staff have a responsibility to discuss such a situation with the Pre-School Manager so professional and personal support can be offered to the member of staff concerned. 

Escalation of Concerns

If your concerns cannot be expressed to the Pre-School Manager or Director then you can contact the LADO (Local Area Designated Officer) at: E-mail:  lado@warwickshire.gov.uk  Telephone: 01926 745376.

Website: https://westmidlands.procedures.org.uk/ykpzy/statutory-child-protection-procedures/allegations-against-staff-or-volunteers

If you are not satisfied with the outcome of the investigation, you may escalate your concerns directly to Ofsted. 

Concerns will be investigated and resolved as quickly as possible. If an employee or volunteer feels that the matter cannot be discussed with the managers then Ofsted can be contacted by email: whistleblowing@ofsted.gov.uk or  by phone on 0300 123 1231

Members of staff may contact Public Concern at Work at any stage for free, confidential advice, if they are unsure how to raise a concern. 

Public Concern at Work on 020 7404 6609 and www.pcaw.co.uk in accordance with the provisions of the Public Interest Disclosure Act 1998.

NSPCC Whistleblowing Advice Line: 0800 028 0285

For more information on the law visit: www.pcaw.co.uk/law/uklegislation.ht

Dated: 12 September 2024 Review date: December 2025