 If you are employed by:
- NHS Wales;
- a local authority;
- a police or fire authority;
- the National Assembly for Wales, or a related body.
We can help you take the next steps
Please click here for a pdf version of the leaflet.
Whistle-blowing disclosures
The Public Interest Disclosure Act 1998 (the Act) was introduced to protect employees who are worried about wrongdoing where they work and want to ‘blow the whistle’. The Act applies to most employees and includes those employed on a temporary basis or through an agency. An employee who is victimised or discriminated against in any way because they have ‘blown the whistle’ (known as making a ‘protected disclosure’) can take their employer to an employment tribunal.
Role of the Auditor General for Wales
Under the Act, the Auditor General for Wales (AGW) is described as ‘a prescribed person’, which means that an employee can report to them any concerns about “the proper conduct of public business, value for money, fraud and corruption in relation to the provision of public services”.
In local government, employees can make ‘protected disclosures’ to auditors appointed by the AGW.
Under the Act, the Auditor General and his appointed auditors do not need to investigate every disclosure they receive. Indeed, they can only investigate these disclosures on the basis of their legal powers, as set out in the Government of Wales Act 1998, the Public Audit (Wales) Act 2004 and other laws. The AGW bases his decision about whether or not to investigate on whether it would be an effective use of resources in protecting the public interest.
Raising a concern
It is good practice for employers to have their own internal
whistle-blowing procedures, which should explain how you can raise any concerns. If your employer does have such procedures, you should follow them first.
If you cannot raise your concerns within your workplace, it may be appropriate for you to raise your concerns with the AGW, especially if you are concerned about matters for which the AGW or his appointed auditors are responsible.
If you raise your concerns with a ‘prescribed person’ (in other words, make a disclosure) instead of your employer, you will be entitled to compensation under the Act if you are unfairly discriminated against or dismissed, as long as you:
- acted in good faith;
- believe that the information, and any allegation it contains, is true as far as you know; and
- have reason to believe that the matter is the prescribed person’s responsibility.
An employment tribunal will decide whether or not a disclosure is protected under the Act.
However, neither the AGW or his appointed auditors have the power to decide whether a disclosure is protected, or to get involved in employment relations, and they cannot provide legal advice.
The AGW and his appointed auditors have no power to discipline any individuals, or to bring criminal prosecutions after completing his investigations. Disciplinary action can only be taken by the management of the organisation concerned, or any relevant professional organisations. Allegations of criminal behaviour are referred to the police and, in the end, can only be decided by the courts.
Helpful hints
Always remember that, as a whistle-blower, you are acting as a witness and not just making a complaint. You have to have reasonable suspicion but not actual evidence to support your concerns. If you do suspect wrongdoing where you work, you should follow a few simple guidelines.
Do:
1. Make an immediate note of your concerns.
Note all relevant details, such as what was said in phone or face-to-face conversations, the date, time and the names of those involved.
2. Pass on your suspicions to someone with the appropriate authority and experience.
Most employers have policies and procedures in place for whistle-blowing, and your Personnel Department or Head of Internal Audit should be able to give you more details.
3. Deal with the matter promptly, if you feel your concerns are justified.
Any delay may mean that your organisation or service users continue to suffer or that the risk of harm increases.
Don’t:
1. Do nothing.
2. Be afraid of raising your concerns.
Your employer must not discriminate against you if you raise your concerns. Your organisation must treat any matter you raise sensitively and confidentially.
3. Approach or accuse any individuals directly.
4. Try to investigate the matter yourself.
This is particularly important if your concern is about a crime or breaking a legal duty. There are special rules for gathering evidence to use in criminal cases. Any attempt to gather evidence by people who are unfamiliar with these rules may destroy the case.
5. Pass on your suspicions to anyone who does not have the proper authority.
Contacting the Auditor General for Wales To deal promptly and effectively with your concerns, the AGW has put arrangements in place so that individuals can raise their concerns in confidence with trained and experienced staff. You can contact the AGW as follows.
Write to:
PIDA Officer
The Auditor General for Wales
2-4 Park Grove
Cardiff
CF10 3PA
E-mail: whistleblowing@wao.gov.uk
Phone: 01244 525980
All communications with the AGW will be treated in confidence, as far as the law allows. The Freedom of Information Act provides exemptions that protect disclosures made in the public’s interest.
If the AGW accepts your disclosure, we will give you a reference number to use in all further communications. We will send you feedback when we complete our investigations, although we must act in line with any regulations that limit the disclosure of certain types of information.
If you want to contact the AGW for any other reason, perhaps because you are concerned about value for money as a taxpayer rather than as an employee, you should visit the WAO website for information about correspondence and complaints (http://www.wao.gov.uk/), or call 029 2026 0260.
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