Agenda item

For the Audit & Governance Committee to consider and adopt a ‘Speak Up Policy’ (to include whistleblowing arrangements) for the shadow period and for East Surrey Council beyond Vesting Day on 1 April 2027. The policy will provide a safe route for staff, contractors and others for the reporting of serious wrongdoing or risks within the organisation.

The Committee received a report to consider and adopt a ‘Speak Up Policy’ (including whistleblowing arrangements) for the shadow period and for East Surrey Council beyond Vesting Day on 1 April 2027.

The policy was intended to provide a safe and accessible route for staff, contractors and others to report concerns about wrongdoing or risks within the organisation. Officers emphasised that the document had been framed as a broader "Speak Up" policy rather than solely a whistleblowing policy in order to support a positive organisational culture where concerns could be raised early and channelled through the most appropriate process.

Members supported the principles behind the policy but expressed a view that the draft required substantial further development before adoption. Officers advised that if Members were not comfortable approving the policy in its current form, it could be revised and brought back to the Committee’s November meeting.

The following matters were considered:

a)            Confidentiality Protections. Members considered that confidentiality should be assumed wherever possible, rather than relying on individuals specifically requesting it. Concerns were raised that some people might be deterred from raising concerns if they were uncertain how their identity would be protected. It was suggested that clearer processes be developed to demonstrate how confidentiality would be maintained.

b)            Fair Treatment and Protection of Individuals. Members considered that the draft contained strong statements of intent but lacked sufficient detail on how fairness, independence and objectivity would be delivered in practice. It was requested that clearer safeguards be put in place to reassure individuals that their concerns would be handled impartially.

c)            Assessment and Triage of Concerns. It was suggested that concerns should be subject to a structured initial assessment process, including the identification of immediate risks, escalation requirements and investigation timelines. Members considered this particularly important for ensuring consistency and preventing delays in addressing serious matters.

d)            Raising Concerns and Accessibility. Members considered that the process for raising concerns needed to be simple, clear and accessible. Suggestions included the creation of a dedicated reporting contact point, a confidential helpline, Speak Up champions roles within the organisation, and access to independent support for individuals who wished to raise concerns but required assistance in doing so.

e)            Clarity of Reporting Routes. It was felt that the multiple reporting routes described in the draft could be confusing for users. They suggested simplifying the process and potentially introducing a decision matrix to help staff identify the most appropriate route for the concern.

f)             Communication with Those Raising Concerns. Members considered the importance of keeping individuals informed throughout investigations. They argued that complainants should receive updates on progress, outcomes and any findings, even where confidentiality considerations limited the information that could be shared.

g)            Duty to Speak Up. Some Members suggested that the Council should consider not only providing opportunities to raise concerns but also creating an expectation that employees have a responsibility to report issues where appropriate.

h)            Reporting Frequency to the Committee. It was questioned whether annual reporting on the policy would be sufficient. It was suggested that more frequent reporting initially may be appropriate.

i)             Malicious Complaints. Members sought greater clarity regarding the circumstances in which a complaint might be regarded as malicious and how such conclusions would be reached. Officers acknowledged the complexity of the issue and noted that malicious intent often only becomes clear through investigation.

j)             Appeals and Review Mechanisms. It was suggested that individuals dissatisfied with the handling or outcome of their concerns should have access to a review or appeal process and that these arrangements should be more clearly defined.

k)            Anonymous Concerns. Members discussed the treatment of anonymous concerns. Whilst recognising the difficulty of assessing anonymous allegations, there was general support for retaining the ability to investigate them where appropriate rather than dismissing them automatically.

l)             Relationship to other Policies. Questions were raised regarding how the policy would interact with various employment and governance policies. Members requested greater clarity regarding the distinction between the policy itself and the supporting procedures that would sit underneath it.

m)          Application to Schools and Education Settings. Members sought clarification regarding the extent to which schools could or should be expected to adopt the policy. Officers agreed to look into the matter further.

n)            Public Access to the Process. Members emphasised that the policy should be easily understandable and accessible not only to staff but also to members of the public, contractors and any others who may wish to raise concerns about council activities.

Throughout the debate, Members repeatedly indicated that they supported the objectives of the policy in principle but wished to see a revised draft incorporating the detailed suggestions made during the meeting before formal adoption. Following consideration, the Committee agreed that the policy should not be adopted at this stage. Officers were requested to:

a)            Revise the policy, taking account of Members' comments.

b)            Share a revised draft with Committee members ahead of the next meeting for informal feedback.

c)            Present the revised policy to the November 2026 Committee meeting for further consideration.