Appendix 5: Public Interest Disclosure Policy (Whistle Blowing)

Appendix 5: Public Interest Disclosure Policy (Whistle Blowing)

Introduction

On July 2nd 1999 The Public Interest Disclosure Act came into effect. The Act protects employees, paid or unpaid, against detriment or dismissal for disclosing certain concerns. This Policy is designed to allow members of BYAFA to disclose concerns or information, which the individual believes, shows malpractice, misconduct or impropriety. It is not designed to question financial or business decisions taken by the BYAFA, nor may it be used to reconsider any matters already addressed under other internal procedures for example, complaints or disciplinary and grievance procedures.

The British Youth American Football Association is duty bound to conduct its affairs in a responsible and transparent way, and to take account its responsibilities to its members and of the standards required in public life.

The purpose of this policy is:

To enable individuals to raise concerns within BYAFA without fear of reprisals/victimisation.
To provide a process for concerns to be raised, investigated and where appropriate acted upon.
To give a clear message that allegations of malpractice/ impropriety are taken seriously within BYAFA.
To act as a deterrent to potential perpetrators of misconduct.
To strengthen the confidence of all interested parties that BYAFA maintains, and expects the highest standards of conduct.

Examples of serious malpractice, misconduct or impropriety or which may prompt such a disclosure, are:

Criminal activity.
Failure to comply with legal obligations.
Failure to comply with BYAFA rules, regulations, statutes and principals.
Failure to comply with the BYAFA Welfare Policy and Procedures.
Dangers to health or safety.
Evidence professional malpractice.
Failure of an individual to disclose a serious conflict of interest.
Attempts to suppress or conceal information relating to any of the above.

Any adult or young person who has concerns can contact the BYAFA Welfare Officer in complete confidence on 0161 799 0121 or email wolverines@ntlworld.com.
Confidentiality

All disclosures made under this Policy will be treated in a confidential and sensitive manner. If required, the identity of the person raising the matter will be kept confidential for as long as possible provided that this is compatible with an effective investigation. The investigation process may however at some stage have to reveal the source of the information and the individual making the disclosure may need to make a statement as part of the evidence required.

Anonymous Disclosures

Individuals are encouraged to put their name to any disclosure made, as part of the purpose of this policy is to promote openness and discourage a fear of reprisals. Anonymity may sometimes hamper investigating a disclosure. Another person of his or her choice may accompany any person who wishes to make a verbal disclosure, or give further details as the matter is investigated.

Making a disclosure

All relevant disclosure should initially be made to the BYAFA Welfare Officer. If a disclosure involves or implicates the designated Officer, then it should be made to the BYAFA Chairman.
The person to whom the concern has been raised will consider the matter/s disclosed, and, if there are grounds for proceeding further, will:

Decide whether an investigation should be conducted;
Determine what form the investigation should take;
Appoint a relevant panel to carry out the investigation.

If the designated person decides that there are notgrounds for proceeding further, the person making the disclosure will be informed.

Investigation

The person conducting the investigation should not be the person who would ultimately take decisions based on the outcomes. The designated person to whom the disclosure has been made will not personally conduct the investigation and will remain separate from it.
Investigations will be conducted as speedily as possible depending on the nature and complexity of the disclosure.

The person making the disclosure will be kept informed as to the handling of the matter and of decisions taken throughout the process.

Individuals Named in a Disclosure

When an allegation is made the named individual will be informed of the allegation and supporting evidence. The point at which this occurs will depend on the nature of the case. They will be given an opportunity to respond either in writing or orally and, if interviewed about the matter, will be given an opportunity to be accompanied by a person of their choice.

Unfounded Disclosures

A disclosure made in good faith that is not confirmed by subsequent investigation will not lead to any action against the person making the disclosure.
Individuals making disclosures that are found by subsequent investigation to be malicious may be subject to disciplinary action.

Victimisation

Victimisation of a member of the BYAFA, who has made a disclosure under this policy, may give grounds for disciplinary action.

Records

All concerns raised and action taken in response to disclosures will be recorded. An official written record is to be kept on each stage of the procedure. The BYAFA Welfare Officer will retain reports on all disclosures and investigations for a period of no more than 5 years.

Review of Policy

The Policy will remain under regular review