Policy: Whistle Blowing Policy
Author: Hayley Faulkner (Quality Director)
Review date: 13/4/2022
Next review date: 8/3/2023
Introduction
We are committed to conducting our business with honesty and integrity, and we expect all staff to maintain high standards. However, all organisations face the risk of things going wrong from time to time, or of unknowingly harbouring illegal or unethical conduct. A culture of openness and accountability is essential in order to prevent such situations occurring and to address them when they do occur.
Purpose & Scope
The aims of this policy are:
To encourage staff to report suspected wrongdoing as soon as possible, in the knowledge that their concerns will be taken seriously and investigated as appropriate, and that their confidentiality will be respected.
To provide staff with guidance as to how to raise those concerns.
To reassure staff that they should be able to raise genuine concerns without fear of reprisals, even if they turn out to be mistaken.
This policy covers all employees, officers, consultants, contractors, volunteers, interns, casual workers and agency workers.
This policy does not form part of any employee's contract of employment, and we may amend it at any time.
- Personnel responsible for the policy
The Board has overall responsibility for this policy, and for reviewing the effectiveness of actions taken in response to concerns raised under this policy.
The Whistleblowing Officer has day-to-day operational responsibility for this policy and must ensure that all managers and other staff who may deal with concerns or investigations under this policy receive regular and appropriate training.
All staff are responsible for the success of this policy and should ensure that they use it to disclose any suspected danger or wrongdoing. Staff are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the Policy Owner, detailed on the front page.
- What is Whistleblowing?
Whistleblowing is the disclosure of information which relates to suspected wrongdoing or dangers at work. This may include:
(d) criminal activity;
(e) failure to comply with any legal [or professional] obligation [or regulatory requirements];
(f) miscarriages of justice;
(g) danger to health and safety;
(h) damage to the environment;
(i) [bribery [under our Anti-corruption and Bribery Policy];]
(j) facilitating tax evasion;
(k) financial fraud or mismanagement;
(l) breach of our internal policies and procedures;
(m) conduct likely to damage our reputation or financial wellbeing;
(n) the deliberate concealment of any of the above matters.
A whistle-blower is a person who raises a genuine concern relating to any of the above. If you have any genuine concerns related to suspected wrongdoing or danger affecting any of our activities (a whistleblowing concern) you should report it under this policy.
This policy should not be used for complaints relating to your own personal circumstances, such as the way you have been treated at work. In those cases you should use the Grievance Procedure or Anti-harassment and Bullying Policy as appropriate.
For concerns relating to Safeguarding, these should be raised in accordance with the Swift Safeguarding Policy, which can be found on the Swift websites or Operating System.
3. Raising a whistleblowing concern
3.1 We hope that in many cases you will be able to raise any concerns with your line manager. You may tell them in person or put the matter in writing if you prefer. They may be able to agree a way of resolving your concern quickly and effectively.
3.2 However, where the matter is more serious, or you feel that your line manager has not addressed your concern, or you prefer not to raise it with them for any reason, you should contact one of the following requesting a formal confidential meeting under the terms of this policy:
1. Hayley Faulkner (Quality Director) or alternatively:
2. Greg Morrall (Managing Director)
3.3 Contact details are set out at the end of this policy.
3.4 A meeting with you will be arranged as soon as possible to discuss your concern. You may bring a colleague or union representative to any meetings under this policy. Your companion must respect the confidentiality of your disclosure and any subsequent investigation.
3.5 You will receive a written summary of your concern along with an indication of how the matter will be dealt with.
Confidentiality
4.1 We hope that staff will feel able to voice whistleblowing concerns openly under this policy. However, if you want to raise your concern confidentially, we will make every effort to keep your identity secret. If it is necessary for anyone investigating your concern to know your identity, we will discuss this with you.
4.2 We do not encourage staff to make disclosures anonymously. Proper investigation may be more difficult or impossible if we cannot obtain further information from you. It is also more difficult to establish whether any allegations are credible.
Whistle-blowers who are concerned about possible reprisals if their identity is revealed should come forward to one of the contact points listed in paragraphs 3 and 4 and appropriate measures can then be taken to preserve confidentiality. If you are in any doubt you can seek advice from the independent whistleblowing charity – Protect, who offer a confidential helpline. Their contact details are at the end of this policy.
5.Investigation and outcome
5.1 Once you have raised a concern, we will carry out an initial assessment to determine the scope of any investigation. We will inform you of the outcome of our assessment. You may be required to attend additional meetings in order to provide further information.
5.2 In some cases we may appoint an investigator or team of investigators including staff with relevant experience of investigations or specialist knowledge of the subject matter. The investigator(s) may make recommendations for change to enable us to minimise the risk of future wrongdoing.
5.3 We will aim to keep you informed of the progress of the investigation and its likely timescale. However, sometimes the need for confidentiality may prevent us giving you specific details of the investigation or any disciplinary action taken as a result. You should treat any information about the investigation as confidential.
5.4 If we conclude that a whistle-blower has made false allegations maliciously, the whistle-blower will be subject to disciplinary action.
If you are not satisfied
6.1 While we cannot always guarantee the outcome you are seeking; we will try to deal with your concern fairly and in an appropriate way. By using this policy, you can help us to achieve this.
6.2 If you are not happy with the way in which your concern has been handled, you can raise it with one of the other key contacts in paragraph 4.
7.External Disclosures
7.1 The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally.
7.2 The law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as a regulator. It will very rarely if ever be appropriate to alert the media. We strongly encourage you to seek advice before reporting a concern to anyone external. The independent whistleblowing charity, Protect, operates a confidential helpline. They also have a list of prescribed regulators for reporting certain types of concern. Their contact details are at the end of this policy.
7.3 Whistleblowing concerns usually relate to the conduct of our staff, but they may sometimes relate to the actions of a third party, such as a customer, Client, supplier or service provider. In some circumstances the law will protect you if you raise the matter with the third party directly. However, we encourage you to report such concerns internally first. You should contact your line manager or one of the other individuals set out in paragraph 4 for guidance.
7.4 Protection and Support for whistle blowers
7.5 It is understandable that whistle-blowers are sometimes worried about possible repercussions. We aim to encourage openness and will support staff who raise genuine concerns under this policy, even if they turn out to be mistaken.
7.6 Whistle-blowers must not suffer any detrimental treatment as a result of raising a concern. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform a Director immediately. If the matter is not remedied, you should raise it formally using our Grievance Procedure.
7.7 No -one must threaten or retaliate against whistle-blowers in any way. Such conduct may be subject to disciplinary action. In some cases, whistle-blowers could have a right to sue individuals for compensation in an employment tribunal.
8. Monitoring and Review
8.1 The Senior Management Team will be responsible for monitoring and reviewing the Policy.
8.2 Monitoring will include assessing how this policy is working in practice, reviewing it annually, and considering and taking action to address any issues.
9. Contacts
Whistleblowing Officer: Hayley Faulkner (Quality Director)
07966 494946
Protect:
(Independent whistleblowing charity) Helpline: 0203 117 2520
E-mail: whistle@pcaw.co.uk
Website: www.pcaw.co.uk
Version: 2
Board Approval:
Managing Director Name: Gregory Morrall
Signature:
Date: 9/3/2022
Reviewed on 13/4/2022
Reviewed by: Hayley Faulkner
Sexual Violence and Sexual Harassment Between Children Policy
Definitions
For the purposes of this policy, we use the widely recognised and understood term ‘victim’ for a child who has been subject to sexual violence and/or sexual harassment. Swift knows it is important that we recognise that not everyone who has been subjected to sexual violence and/or sexual harassment considers themselves a victim or would want to be described in this way, we will always be conscious of this when managing any incident and are prepared to use any term with which the individual child or young person is most comfortable.
Also, for the purpose of this policy, we use the widely used and recognised term ‘alleged perpetrator(s)’ and where appropriate ‘perpetrator(s)’.
When speaking in front of children and young people who may have been in this position, all Swift staff will use carefully selected words so as not to cause added distress or confusion, not least because in some cases the sexual behaviour will have been harmful to the perpetrator as well as the victim. The use of appropriate terminology is vital in the appropriate management of a disclosure or concern.
Context
Sexual violence and sexual harassment can occur between two children of any age and sex from primary school, through to secondary stage and into colleges. It can occur through a group of children sexually assaulting or sexually harassing a single child or group of children.
Sexual violence and sexual harassment exist on a continuum and may overlap; they can occur online and face to face (both physically and verbally) and are never acceptable.
Swift maintains an attitude of ‘it could happen here’. We believe early intervention can help prevent problematic, abusive and/or violent behaviour in the future.
Children who are victims of sexual violence and sexual harassment, wherever it happens, will likely find the experience stressful and distressing, with the potential to adversely affect their educational attainment and will be exacerbated if the alleged perpetrator(s) attends the same school or college.
As set out in Part one of KCSIE, schools and colleges Swift is aware that safeguarding incidents and/or behaviours can be associated with factors outside the school or college, including intimate personal relationships, but it is essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever me made to feel ashamed for making a report.
Along with providing support to children who are victims of sexual violence or sexual harassment, Swift aims to provide the alleged perpetrator(s) with an education, safeguarding support as appropriate and implement any disciplinary sanctions.
A child abusing another child may be a sign they have been abused themselves or a sign of wider issues that require addressing within the culture of the school or college. Taking disciplinary action and providing appropriate support, can, and should, occur at the same time if necessary.
Reports of sexual violence and sexual harassment are extremely complex to manage. It is essential that victims are protected, offered appropriate support and every effort made to ensure their education is not disrupted.
It is also important that other children and young people and Academy staff are supported and protected as appropriate.
Awareness
Sexual violence and sexual abuse can happen anywhere, as previously stated, all Swift staff maintain an attitude of ‘it could happen here’.
All staff are aware of their duty to respond appropriately to all reports and concerns, including those outside the Academy, and or online.
All staff are aware that:
• There is a zero-tolerance approach to sexual violence and sexual harassment. It is never acceptable, it will not be tolerated and should never be passed off as “banter”, “just having a laugh”, “part of growing up” or “boys being boys”.
• Challenging physical behaviour (potentially criminal in nature), such as grabbing bottoms, breasts and genitalia, pulling down trousers, flicking bras and lifting up skirts is not acceptable.
• Dismissing or tolerating such behaviours risks normalising them
• Not recognising, acknowledging or understanding the scale of harassment and abuse and/or downplaying some behaviours related to abuse can lead to a culture of unacceptable behaviour, an unsafe environment and in worst case scenarios a culture that normalises abuse leading to children accepting it as normal and not coming forward to report it
• Understanding that all of the above can be driven by wider societal factors beyond the school and college, such as everyday sexist stereotypes and everyday sexist language.
• Children with Special Educational Needs and Disabilities (SEND) are three times more likely to be abused than their peers.
• 13 Additional barriers can sometimes exist when recognising abuse in SEND children. These can include:
o assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration
o the potential for children with SEND being disproportionately impacted by behaviours such as bullying and harassment, without outwardly showing any signs
o communication barriers and difficulties overcoming these barriers. Any reports of abuse involving children with SEND will therefore require close liaison with the designated safeguarding lead (or deputy)
• Children who are lesbian, gay, bi, or trans (LGBT) can be targeted by their peers. In some
cases, a child who is perceived by their peers to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT.
• That staff can be victims of sexual violence and sexual harassment.
• Swift has arrangements in place to protect staff from such abuse, including clear reporting and support mechanisms.
Sexual violence: child on child sexual violence
Swift understands that children can, and sometimes do, abuse their peers in this way and that it can happen both inside and outside of Academy. The term for this is child on child sexual violence.
For the purpose of this policy, when sexual violence is mentioned, we are referring to sexual offences under the Sexual Offences Act 2003.
Sexual offences can be described as:
• Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration and A does not reasonably believe that B consents.
• Assault by Penetration: A person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents.
• Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally touches another person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents. It should be noted here that sexual assault covers a very wide range of behaviour so a single act of kissing someone without consent or touching someone’s bottom/breasts/genitalia without consent, can still constitute sexual assault.
• Causing someone to engage in sexual activity without consent: A person (A) commits an offence if: s/he intentionally causes another person (B) to engage in an activity, the activity is sexual, B does not consent to engaging in the activity, and A does not reasonably believe that B consents. This could include forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party.
What is consent?
• Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom.
• Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.
• A child under the age of 13 can never consent to any sexual activity
• The age of consent is 16
• Sexual intercourse without consent is rape.
Sexual harassment: child on child sexual harassment
For the purpose of this policy, when referring to sexual harassment we mean ‘unwanted conduct of a sexual nature’ that can occur online and offline and both inside and outside of the Academy.
The term for sexual harassment is child on child sexual harassment.
Sexual harassment is likely to:
• violate a child’s dignity
• make them feel intimidated, degraded or humiliated
• create a hostile, offensive or sexualised environment.
Sexual harassment can include:
• Sexual comments, such as:
o telling sexual stories
o making lewd comments
o making sexual remarks about clothes and appearance
o calling someone sexualised names
o sexual “jokes” or taunting
• Physical behaviour, such as:
o deliberately brushing against someone
o interfering with someone’s clothes
o displaying pictures, photos or drawings of a sexual nature
• Online sexual harassment, such as:
o consensual and non-consensual sharing of nude and semi-nude images and/or videos (It is a criminal offence to take and share nude photographs of children under the age of 18)
o sharing of unwanted explicit content
o upskirting (is a criminal offence)
o sexualised online bullying
o unwanted sexual comments and messages, including, on social media
o sexual exploitation
o coercion and threats
Swift has a duty of care to determine when these actions cross a line into sexual violence.
Harmful Sexual behaviour
Swift is aware that children’s sexual behaviour spans wide continuum, from normal and developmentally expected to inappropriate, problematic, abusive and violent.
Problematic, abusive and violent sexual behaviour is developmentally inappropriate and may cause developmental damage. The widely adopted umbrella term for this is “harmful sexual behaviour” (HSB).
HSB can occur online and/or face to face and can also occur simultaneously between the two.
An awareness of developmental behaviour is critical when considering HSB, with behaviour deemed harmful if there is more than 2 years difference in the ages of children/young people or if one of the children is pre-pubescent, and the other not.
Swift is aware that a younger child can abuse an older child, particularly if they have power over them, such as the other child has a disability or is smaller in stature.
Early intervention is key in reducing the risk of such behaviours escalating.
The Designated Safeguarding Lead will have a good understanding of HSB, with training refreshed every 3 years, or when legislation changes.
Extra familial harms
Safeguarding incidents and/or behaviours can be associated with factors outside the Academy and/or can occur between children outside of these environments.
At Swift, all staff, and in particular, the designated safeguarding lead (and deputies) will always consider whether the young people that attend the Academy are at risk of abuse or exploitation in situations outside their families.
Extra-familial harms take a variety of different forms and children can be vulnerable to multiple harms including (but not limited to):
• sexual exploitation
• criminal exploitation
• sexual abuse
• serious youth violence
• county lines
Technology is a significant component in many safeguarding and wellbeing issues. Children are at risk of abuse online as well as face to face.
In many cases abuse will take place concurrently via online channels and in daily life.
Children can also abuse their peers online; this can take the form of:
• abusive, harassing, and misogynistic messages
• the non-consensual sharing of indecent images, especially around chat groups
• the sharing of abusive images and pornography, to those who do not want to receive such content.
In all cases, if staff are unsure, they should always speak to the designated safeguarding lead (or deputy).
It is important that Swift provides as much information as possible as part of the referral process to the LADO or social care. This will allow any assessment to consider all the available evidence and enable a contextual approach to addressing such harm.
Training
All Swift staff take part in mandatory safeguarding training on induction, and annually thereafter. Continued CPD takes place regularly to cover all aspects of safeguarding.
Legal Obligations
Swift has a statutory duty to:
• Safeguard and promote the welfare of the children in our care.
• Read and understand Keeping Children Safe in Education and Working Together to Safeguard Children
• Cooperate with safeguarding partnerships
• Have a behaviour policy, with measures in place to prevent all forms of bullying, including cyber bullying, prejudice-based and discriminatory bullying
Author: Jayne Hipkiss (approved by Jack Edwards, Academy Director)
Review date: 08/08/2022
Next review date: 08/08/2023
Authorisation by the Managing Director:
Name: Greg Morrall
Signed:
Date: 05/08/2022
Domestic Abuse
Introduction
According to Keeping Children Safe in Education 2022, the definition of Domestic Abuse is:
Domestic abuse can encompass a wide range of behaviours and may be a single incident or a pattern of incidents.
Abuse can be, but is not limited to, psychological, physical, sexual, financial or emotional.
Children can be victims of domestic abuse. They may see, hear, or experience the effects of abuse at home and/or
suffer domestic abuse in their own intimate relationships (teenage relationship abuse). All of which can have a
detrimental and long-term impact on their health, well-being, development, and ability to learn.
(KCSiE September 2022)
Swift recognises its commitment to provide support, safeguarding, security, and an environment where children
and young people feel safe to talk about their experiences when they feel the time is right.
Scope
This policy is relevant to all staff, learners and employers who use Swift’s services, along with anyone who
visits the organisation.
Domestic Abuse
Swift recognises that learners (children and young people) and employees can be affected by domestic
abuse; for example, as a victim/survivor of domestic abuse, an individual who is currently living with
domestic abuse, someone who has been impacted upon by domestic abuse or as an individual who
perpetrates domestic abuse.
Aim of this Policy
The overarching aim of this policy is to promote the health, safety and wellbeing of all staff and learners at
Swift.
Swift is committed to developing a workplace culture in which there is zero tolerance for abuse.
Our aims are to:
• Raise awareness of the issue of domestic abuse to all
• Improve recognition and support for those who are victims of domestic abuse
• Support awareness raising and inform cross-institutional training needs
• Engender a culture of openness without fear of discrimination
• Develop a point of contact for staff and learners who is trained to support victims of domestic abuse
What is domestic abuse?
Domestic Abuse is any incident or pattern of incidents of controlling, coercive or threatening behaviour,
violence or abuse between those aged 16 or over who are or have been intimate partners or family
members regardless of gender or sexuality. This can encompass but is not limited to the following types
of abuse:
• Psychological
• Physical
• Sexual
• Financial
• Emotional
Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by
isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving
them of the means needed for independence, resistance and escape and regulating their everyday
behaviour.
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other
abuse that is used to harm, punish, or frighten their victim. This definition includes so called ‘honour’ based
violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to
one gender or ethnic group.
Swift also recognises online, and digital platforms and social media are increasingly being used to perpetrate
domestic abuse, coercion and control and takes all forms of domestic abuse seriously including technologyfacilitated
abuse.
Signs of domestic abuse
It is essential to understand that any signs indicating a person may be a victim could arise from a range of
circumstances, of which domestic abuse may be one.
Whether a member of Swift staff, or a learner in our Academy, below are some possible signs of domestic
abuse:
Changes to Productivity signs:
1. Change in the person’s working patterns for example, frequent absence, lateness or needing to leave
work early.
2. Reduced quality and quantity of work: missing deadlines, a drop in usual performance standards.
3. Change in the use of the phone/email: for example, a large number of personal calls/texts, avoiding calls
or a strong reaction to calls/texts/emails
4. Spending an increased number of hours at work for no reason.
5. Changes in behaviour or demeanour • Conduct out of character with previous employment history.
6. Changes in behaviour: for example, becoming very quiet, anxious, frightened, tearful, aggressive,
distracted, depressed etc.
7. Isolating themselves from colleagues.
8. Obsession with timekeeping.
9. Secretive regarding home life.
10. Worried about leaving children at home with abuser
Physical signs:
1. Visible bruising or single or repeated injury with unlikely explanations.
2. Change in the pattern or amount of make-up used.
3. Change in the manner of dress: for example, clothes that do not suit the climate which may be used to
hide injuries.
4. Substance use/misuse.
5. Fatigue/sleep disorders.
Other signs:
1. Partner or ex-partner stalking victim in or around the workplace/Academy.
2. Partner or ex-partner exerting unusual amount of control or demands over work schedule.
3. Flowers/gifts sent to employee/Learner for no apparent reason.
4. Isolation from family/friends
DISCLOSURE
Disclosure of abuse: Employees
Employees subject to domestic abuse may choose to disclose, report or seek support from a union
representative, a line manager, or colleague, for example.
Line managers, colleagues and union representatives will not counsel victims, but offer information,
workplace support, signpost to specialist organisations and undertake a safeguarding referral, where
applicable. It is important to ensure that any practice refers to and is aligned with Swift’s Policy and Code of
Conduct.
Swift has an open door policy, and with senior leaders making themselves available to respond
confidentially and effectively to any member of staff who discloses that they are experiencing domestic
abuse.
The Designated Safeguarding Lead and safeguarding team is a further point of contact for staff experiencing
domestic
Disclosures of abuse: Students
Students experiencing domestic abuse may choose to disclose, report or seek support from their tutor, or a
member of the safeguarding team.
Peers/Learners should be encouraged to signpost to Domestic Abuse Champions who may refer on to the
DDSL, if appropriate.
It is important to ensure that any practice refers to and is aligned with Swift’s Safeguarding Policy and Code
of Conduct.
Swift staff will be approachable and available to respond confidentially and effectively to any student who
discloses that they are experiencing domestic abuse.
Referral and Support
Referral for victims of domestic abuse follows the same process as for all safeguarding referrals,
documented in Swift Safeguarding policy.
Author: Jayne Hipkiss (approved by Jack Edwards, Academy Director)
Review date: 08/08/2022
Next review date: 08/08/2023
Authorisation by the Managing Director:
Name: Greg Morrall
Signed:
Date: 05/08/2022