External Whistleblowing Policy October 2015
Contents 1 Introduction...3 2 Whistleblowing (Ofqual)...3 3 The law relating to whistleblowing...4 4 Whistleblowing procedure...6 5 Confidentiality...7 6 How to contact us...7 Annex A: VTCT Whistleblowing form...8 VTCT External Whistleblowing Policy October 2015 Page 2
1 Introduction VTCT, Vocational Training Charitable Trust, is a Government-approved awarding organisation which has awarded world class qualifications since 1962 and has been at the forefront of developing the vocational system of qualifications in the United Kingdom ever since. Our full qualification package includes Hairdressing & Barbering, Beauty Therapy, Complementary Therapy, Sport & Active Leisure, Hospitality & Catering, Business & Retail and Learning & Development. VTCT is committed to high standards of ethical, moral and legal business conduct. This whistleblowing policy is aimed at: Learner, or parent/guardian Tutors/assessors Centre staff including managers and administrators A separate policy exists for VTCT staff and associates who are asked to consult this reference http://www.vtct.org.uk/ All those accessing/reading/using this policy should be mindful of the national regulator s (Ofqual) requirements which may be readily found at: http://www.ofqual.gov.uk/complaints-and-appeals/whistleblowing/. This link also provides a further link to essential details of the Public Interest Disclosure Act (PIDA). All those accessing/reading/using this policy should be mindful of the national regulator s (SQA) requirements which may be readily found at: http://www.sqa.org.uk/files_ccc/malpractice_in_iaqs.pdf 2 Whistleblowing (Ofqual) Whistleblowing is a term used when an individual discloses information relating to malpractice or wrongdoing and/or the covering up of malpractice or wrongdoing. The malpractice or wrongdoing is often committed by the individual s employer, although this is not necessarily the case. VTCT certificates in accordance with the General Conditions of Recognition published by Ofqual, CCEA, Qualifications Wales and SQA Accreditation s Regulatory Principles and some criteria from Ofqual s Additional Regulatory Documents. All VTCT approved centres must follow VTCT s procedures for reporting and dealing with any suspected case of malpractice or maladministration. Centres must ensure that their staff, learners and others involved in providing a qualification are aware of these procedures. The malpractice and maladministration procedure applies to all VTCT qualifications. VTCT uses the following definitions for malpractice and maladministration. VTCT External Whistleblowing Policy October 2015 Page 3
3 The law relating to whistleblowing The Public Interest Disclosure Act 1998 amended the Employments Rights Act 1996 and created a right to redress, enforceable by tribunal, in the event of a worker being subjected to a detriment or dismissed by an employer as a result of whistleblowing. This policy outlines the protection available if a worker makes a whistleblowing disclosure. It gives only general information and does not aim to offer definitive legal advice or details of how the whistleblowing provisions work in practice. Workers who blow the whistle on wrongdoing at work have a right not to be dismissed or suffer any detriment at work as a result of making a protected disclosure. To be protected by law, a worker must be making a disclosure of information which they reasonably believe is made in the public interest and which they reasonably believe tends to show one or more of the following had occurred or is likely to occur: Malpractice Any deliberate activity, neglect, default or other practice that compromises the integrity of the assessment process and/or validity of achievement and certification. Maladministration Any activity, neglect, default or other practice that results in the centre or learner not complying with VTCT s requirements or and any other requirements as may be applicable. Centres must inform VTCT of any suspected or alleged malpractice or maladministration. The following are examples of malpractice and maladministration. Malpractice examples Evidence assessed is not the learner s own work; A learner has not finished the qualification after the certificate has been claimed; Certificates have been claimed on the basis of falsified records; Suspected irregular use of independent assessment papers and marking guides. A criminal offence such as bribery to influence assessment results Cheating in set test/examination conditions Obtaining examination/test/assignment scripts before the date or period they are due to be taken Copying the work of others and claiming it as original work (plagiarism) whether sourced from individuals or sources of the work of others such as the website and where there is no acknowledgement of the use of such sources Altering, falsifying assessment records to deliberately change the achievements of learners. Maladministration examples Administration of learning and assessment is flawed, not fit for purpose or inefficient; Certificates have been claimed in error due to ineffective processes. VTCT requires all centres to report promptly any malpractice suspected after learners have been registered. The possible implications of a failure to co-operate with these requirements will impact on the issue of certificates and the future acceptance of entries. Where malpractice or maladministration is suspected in a centre, including any assessment site, or a partner organisation involved in the administration or assessment of the qualification, VTCT s Quality Assurance Department will write to the centre informing them VTCT External Whistleblowing Policy October 2015 Page 4
that it has been suspended from making registrations and/or certification claims, dependent on the gravity of the malpractice or maladministration Note: Complaints and appeals Whistleblowing does not apply to either making a complaint or an appeal. A complaint is usually a grievance and could relate to poor administration or customer service. Appeals are generally made against the outcomes of assessment where it is felt that the gap between the expected and actual result is far greater than was anticipated. Appeals against examination results must be made through your Head of Centre/Principal unless the most extraordinary circumstances prevail and you are not confident that the Head of Centre/Principal will effectively manage any appeal due to any potential conflict of interest. For internally assessed, externally verified qualifications VTCT expects that the vast majority of appeals made by learners will be resolved within the centre making the assessments and in which the external verification is applied. Centres are required to have Enquiries and Appeals policies and procedures in place for all VTCT qualifications and units. Guidance on Centre Appeals Processes and/or Making a complaint may be obtained through http://www.vtct.org.uk/centres/centrepublications.aspx VTCT External Whistleblowing Policy October 2015 Page 5
4 Whistleblowing procedure Stage 1: Raising a concern with a centre Whatever the circumstance, where there is a concern that malpractice has taken place in relation to VTCT qualifications, normal practice is to raise it through the line management of the organisation concerned. For a learner the first point of contact would be the main tutor or assessor and for a tutor, assessor or centre staff member would be the line manager or Head of Centre. Stage 2: Raising a concern with VTCT If your concerns are not addressed at this stage, or you feel it is not possible to raise concerns internally then you should contact and address your concerns direct to VTCT s Responsible Officer via the VTCT Whistleblowing form which is attached here as Annex A and which may also be found separately on the website http://www.vtct.org.uk/ Stage 3: VTCT s response to concerns VTCT will evaluate your concern and may ask you for more evidence/information given the contact details you provided on the VTCT Whistleblowing Form. VTCT will decide whether and how to pursue the issue expressed by you. You will receive an update on any course of action taken by VTCT within 10 working days of raising your concern. VTCT will inform the regulator of the issue raised and the course of action to be taken. The regulator will be informed at all stages of any investigation of the circumstances as undertaken by VTCT. Upon conclusion of any investigation, VTCT will provide you with a summary update of outcomes given the need to protect confidentiality. This will be done within ten working days of the conclusion of the investigation. The regulator (s) will be provided with full details of the investigation/evaluation and where any serious issues are proven, other awarding organisations offering the same or similar qualifications will also be informed. Important note: 1. Having raised a concern with VTCT you may not contact them on a daily or otherwise regular basis for constant updates. VTCT has a responsibility to all concerned with respect to confidentiality. 2. At all stages of the matter being investigated, VTCT will take all possible steps to protect your identity given the details /context expressed in the next section of this document under Confidentiality. 3. VTCT will consider each disclosure of information sensitively and carefully, and decide upon an appropriate response. Information received in a disclosure may be shared with third parties where considered necessary. VTCT External Whistleblowing Policy October 2015 Page 6
5 Confidentiality VTCT will always endeavour to keep a whistleblower s identity confidential where asked to do so, although by law and by regulation, we may need to disclose your identity to: the police, fraud prevention agencies or other law enforcement agencies (to investigate or prevent crime, including fraud) ; the courts (in connection with court proceedings) ; another person to whom we are required by law to disclose your identity; The national regulator responsible for the standards of the qualification(s) concerned. A whistleblower should also be aware that he or she may be identifiable by others due to the nature or circumstances of the disclosure. 6 How to contact us The best method of receiving your whistleblowing disclosures is through our website using the whistleblowing report form http://www.vtct.org.uk/ it may be completed on line and sent direct by pressing the submit button. Whistleblowing disclosures can also be made through our helpline 02380 684500 between the hours of 8:30am to 5pm Monday to Thursday and between the hours of 8:30am to 4:30pm on Friday, and by email at customersupport@vtct.org.uk or post to: VTCT Whistleblowing Policy Aspire House Annealing Close Eastleigh Hampshire SO50 9PX VTCT External Whistleblowing Policy October 2015 Page 7
Annex A: VTCT Whistleblowing form Section 1 Contact Information Title: Surname: Forename: Name of centre/organisation: Your email: Your phone number: Section 2 Whistleblowing Concern Details Qualification(s) Affected: Number of Learners Affected: Issue Details: VTCT External Whistleblowing Policy October 2015 Page 8