A culture where people can speak up safely.
JL Academy is committed to creating an environment where concerns can be raised openly, responsibly and without fear of unfair treatment.
Serious concerns should have a clear route to be raised.
This policy applies to JL Academy Directors, employees, associates, subcontractors, trainers, facilitators, consultants and volunteers where applicable.
It may also apply where learners or participants raise a concern about serious wrongdoing connected with JL Academy activity.
The policy covers concerns arising from JL Academy’s own activities and, where relevant, work delivered on behalf of a client or partner organisation.
Whistleblowing and speaking up are related, but not identical.
What is whistleblowing?
Whistleblowing usually involves raising a concern about serious wrongdoing that is in the public interest.
This may include concerns about:
- Unsafe practice
- Safeguarding failures
- Unlawful activity
- Fraud or financial misconduct
- Bribery or corruption
- Serious breaches of professional standards
- Deliberate concealment of wrongdoing
- Serious health and safety risks
- Misuse of confidential or personal information
- Significant failures in governance
- Conduct that places learners, staff, clients or members of the public at risk
Speaking up
JL Academy encourages people to raise concerns as early as possible.
Speaking up may include concerns that do not yet amount to formal whistleblowing but which could affect:
- Safety
- Quality
- Safeguarding
- Professional conduct
- Ethical practice
- Inclusion
- Organisational culture
- Delivery standards
- Compliance with agreed requirements
People do not need to wait until they have proof before raising a genuine concern.
A whistleblowing concern is different from a personal grievance, complaint about service quality or disagreement about an individual employment matter. Where another policy is more appropriate, JL Academy may direct the concern to the relevant process.
Concerns should be raised as early as possible.
People are not expected to investigate concerns themselves. The purpose of speaking up is to make the issue known so that it can be assessed appropriately.
How to raise a concern
Concerns should normally be raised with a JL Academy Director.
They may be raised:
- Verbally
- In writing
- By email
- During a review or supervision discussion
- Through another appropriate person where direct disclosure would not be suitable
Where a concern relates to one JL Academy Director, it should normally be raised with the other Director where possible.
Immediate safety takes priority.
Where there is an immediate risk to safety or safeguarding, action should be taken without delay.
- Contacting emergency services
- Following safeguarding procedures
- Notifying an appropriate client or commissioning organisation
- Contacting a regulator or professional body where necessary
- Taking immediate action to prevent further harm
- Escalating outside routine internal processes where required
Concerns should be handled sensitively and fairly.
People need confidence that speaking up will be taken seriously and that information will be handled proportionately.
Confidentiality
JL Academy will seek to handle concerns sensitively and protect confidentiality as far as reasonably possible.
Information will normally be shared only with people who need it in order to assess, investigate or respond to the concern.
There may be circumstances where information cannot remain fully confidential, including where:
- Safeguarding action is required
- There is an immediate risk of harm
- There is a legal or regulatory duty to disclose information
- A fair investigation requires certain information to be shared
Where possible, the person raising the concern will be informed if confidentiality cannot be maintained.
Anonymous concerns
Anonymous concerns may be considered, particularly where the issue involves serious risk or potential wrongdoing.
However, anonymity can make it more difficult to:
- Clarify information
- Assess credibility
- Investigate the concern
- Provide feedback to the person raising it
JL Academy therefore encourages people to identify themselves where they feel able to do so.
Genuine concerns should not result in unfair treatment.
A person who raises a genuine concern in good faith should not be subjected to unfair treatment for doing so.
- Retaliation is not tolerated
- Victimisation is not tolerated
- Intimidation is not tolerated
- Harassment connected with speaking up is not tolerated
An unsubstantiated concern is not the same as a malicious allegation.
No action should be taken against someone simply because a genuine concern is not substantiated. However, knowingly false or malicious allegations may themselves be treated as misconduct or referred through an appropriate process.
Concerns should be assessed proportionately and fairly.
The response will depend on the nature, seriousness and urgency of the concern.
JL Academy may take a range of actions.
Depending on the circumstances, this may include:
- Acknowledging the concern
- Assessing immediate risk
- Deciding whether another policy or procedure is more appropriate
- Gathering further information
- Speaking with relevant people
- Reviewing documents or records
- Contacting a client, partner or commissioning organisation
- Seeking specialist advice
- Referring the matter to an external authority where appropriate
- Taking corrective or disciplinary action where relevant
- Reviewing systems, policies or delivery arrangements
Where an investigation is required, it should be fair and objective.
The person considering the matter should act proportionately and avoid unnecessary delay.
- Identify any conflicts of interest
- Gather relevant information
- Distinguish fact from allegation
- Keep appropriate records
- Respect confidentiality
- Consider the rights of everyone involved
- Avoid unnecessary delay
- Escalate where the issue falls outside JL Academy’s authority or competence
Feedback will be provided where appropriate and lawful.
JL Academy will, where possible, give the person raising the concern an indication of how the matter has been handled.
- Confidentiality may limit the detail that can be shared
- Data-protection obligations may restrict disclosure
- Safeguarding considerations may affect what can be shared
- Legal restrictions may apply
- The rights of other people involved must be respected
Some concerns may need to be raised beyond JL Academy.
Internal reporting is not always the only appropriate route. The response should reflect the seriousness, urgency and nature of the concern.
External reporting
There may be circumstances where it is appropriate to raise a concern outside JL Academy.
Depending on the issue, this could include:
- A commissioning organisation
- A regulator
- A professional body
- A safeguarding authority
- Law enforcement
- Another prescribed or appropriate external body
JL Academy does not require a person to raise a concern internally first where there is an immediate risk, a legal obligation or another legitimate reason for external disclosure.
Concerns involving a Director
Where a concern relates to one JL Academy Director, it should normally be raised with the other Director where possible.
Where this would not be appropriate, the concern may be raised through another suitable external route depending on the nature of the issue.
Any potential conflict of interest should be considered when deciding who should assess or investigate the concern.
Appropriate records support accountability and learning.
JL Academy should maintain proportionate records of whistleblowing concerns and the actions taken in response.
- Nature of the concern
- Date received
- Immediate risks identified
- Action taken
- Referrals made
- Investigation findings
- Corrective action
- Outcome and closure
Speaking up should help strengthen the organisation.
Whistleblowing and speaking-up concerns should be considered as potential sources of organisational learning.
- Policies
- Governance arrangements
- Training content
- Safeguarding processes
- Quality assurance
- Associate management
- Risk controls
- Client communication
- Delivery arrangements
- Actions to reduce recurrence
Speaking up is part of responsible governance.
JL Academy Directors are responsible for overseeing this policy and ensuring concerns are handled appropriately.
Trainers, associates, employees and subcontractors are responsible for raising serious concerns promptly and cooperating with proportionate review or investigation.
Everyone working with JL Academy is expected to contribute to an environment where people can speak up respectfully and safely.
This policy is reviewed periodically.
It should be reviewed sooner where a significant change affects whistleblowing, safeguarding or governance arrangements.
- Changes in legislation
- Regulatory expectations
- Safeguarding requirements
- Changes to JL Academy services
- Organisational structure
- Whistleblowing guidance
- Identified governance risk
- Learning from concerns raised
Need to speak to JL Academy?
If you need to raise a concern, seek clarification about this policy or discuss the appropriate route for an issue, contact JL Academy.