Whistleblowing Policy

This document sets out the policy of the Sir Martin Gilbert Learning Centre (‘SMGLC’) for the reporting of concerns about malpractice or wrongdoing within the organisation. 

The Sir Martin Gilbert Learning Centre (‘SMGLC’) is a charitable company registered in England & Wales (with charity number 1174434 and company number 10463376), located at 57 North Rd, Highgate, London N6 4BJ.

Introduction

SMGLC is committed to the highest standards of openness, probity and accountability.

An important aspect of accountability and transparency is a mechanism to enable staff and volunteers to voice concerns in a responsible and effective manner. It is of fundamental importance that those working for or with SMGLC do so in the best interests of the organisation and that confidential and private information is protected. Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation, this information should be disclosed internally without fear of reprisal, and there should be mechanisms to enable this to be done whether to, or independently of, line management, depending on the circumstances.

The Public Interest Disclosure Act 1998 gives legal protection to employees against being dismissed or penalised by their employers as a result of publicly disclosing certain serious concerns. SMGLC has adopted the provisions set out below to ensure that no member of staff or volunteer should feel at a disadvantage when raising legitimate concerns.

It should be emphasised that this policy is intended to assist individuals who believe they have discovered malpractice or impropriety. It is not designed to question legitimate and properly made financial or business decisions taken by SMGLC, its management or staff, nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary or other procedures. 

The Scope of this Policy

This policy is designed to enable SMGLC ’s staff and volunteers to raise concerns internally and at a high level and to disclose information which the individual believes shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invoking of other procedures, e.g. disciplinary or safeguarding procedures. These concerns could include:

  • Safeguarding, bullying or discrimination
  • Financial malpractice, impropriety or fraud 
  • Criminal activity 
  • Failure to comply with a legal obligation
  • Dangers to Health & Safety or the environment 
  • Improper conduct or unethical behaviour 
  • Attempts to conceal any of these

Safeguards and Protection – this policy is designed to offer protection to those employees or volunteers at SMGLC who disclose such concerns provided the disclosure is made:

  • In good faith; and
  • In the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety; and
  • To an appropriate person (see below).

It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case, malicious or wild allegations could give rise to legal action on the part of the person(s) complained about. 

Confidentiality – SMGLC will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation or breach data protection regulations. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.

Anonymous Allegations – this policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of SMGLC through the relevant senior management personnel. In exercising this discretion, the factors to be taken into account will include:

  • The seriousness of the issues raised;
  • The credibility of the concern; 
  • The likelihood of confirming the allegation from attributable sources. 

Untrue Allegations – If an individual makes an allegation in good faith to an appropriate person, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if they persist in making them, disciplinary action may be taken against that individual.

Procedures for Making a Disclosure

Complaints or concerns about suspected malpractice should be notified to a member of senior management being in the first instance either:

If it is not possible or appropriate to report the matter to either of them, it may be notified to:

The person who receives and takes note of the complaint must confer with other senior managers to determine who should be the appropriate designated investigating officer (‘the investigating officer’). Additionally:

  • The investigating officer must not be someone against whom the complaint has been made or whose actions are in any way related to the complaint or how the issues to which the complaint relate have or have not been handled up to the point at which the complaint is made; 
  • Complaints against a senior manager should be passed to another senior manager to designate an appropriate internal or external investigating officer. 
  • The complainant has the right to bypass the line management structure and take their complaint directly to a senior manager or such other person as they feel they can confide in. A senior manager has the right to refer the complaint back to a line manager if they feel that the line manager can, without any conflict of interest, more appropriately investigate the complaint. 

If there is evidence of criminal activity then the investigating officer should inform the senior management that the police should be notified. SMGLC will ensure that any internal investigation does not hinder a formal police investigation.

Timescales

Due to the varied nature of these sorts of complaints, which may involve internal/external investigators and/or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.

The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them, in writing, on the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.

All responses to the complainant should be in writing and sent to their home address marked ‘Confidential’.

Investigating Procedure 

The investigating officer should follow these steps:

  • Full details and clarifications of the complaint should be obtained. 
  • The investigating officer should inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a trade union or work colleague at any future interview or hearing held under the provision of these procedures. At the discretion of the investigating officer and dependant on the circumstances of the complaint an alternative representative may be allowed e.g. the individual’s legal representative.
  • In view of their legal responsibilities, SMGLC ’s trustees should be informed of any complaint and they should then consider, in consultation with the investigating officer, the appropriateness of involving other parties, such as the police, the Charity Commission or other appropriate regulatory bodies, the organisation’s auditors or others. However, anyone against whom a complaint is made should recuse themselves from such decisions.
  • The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals/bodies. 
  • A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to senior management. 
  • Senior management will decide what action to take. If the complaint is shown to be justified, then they may invoke disciplinary or other appropriate procedures. 
  • The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome. 
  • If appropriate, a copy of the outcomes will be used to enable a review of internal procedures.

If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with senior management.

If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, SMGLC recognises the lawful rights of employees and ex-employees to make disclosures to appropriate prescribed persons or bodies (e.g. the Health and Safety Executive). A full list of prescribed people and bodies can be found on the Government Website:- 

https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies–2/whistleblowing-list-of-prescribed-people-and-bodies.

This policy has been endorsed by the

trustees and senior management of SMGLC 

and was reviewed and updated in April 2025

Date of next review: April 2026