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Tuesday, 23 May 2017 11:24

Ofwat reiterates whistleblowing guidance

Water industry regulator Ofwat has reiterated its whistleblowing guidance for anyone who wants to raise concerns about improper practices in the regulated water sector.

Introducing the guidance, Ofwat said:

“Whistleblowing can inform those who need to know about health and safety risks, potential environmental problems, fraud, corruption, cover-ups and many other problems. It is sometimes the only way that such information comes to light. If the concern is raised early enough it can help to avoid serious damage being done.”

The regulator said it was sometimes contacted by employees of water and sewerage companies with concerns about working practices within their company.

“We take all such contacts very seriously and aim to deal with them promptly and discreetly. We recognise that raising such concerns is not always easy for an individual.” the guidance says.

The practical guide for blowing the whistle on water and sewerage companies explains what will happen to employees who come forward and who are understandably concerned about the consequences of speaking out about their employer.

Ofwat’s whistleblowing procedure is for both the employees of, or contractors to, water and sewerage companies who decide to report concerns relating to their employer that are relevant to the regulator’s functions.

The guidance says the Public Interest Disclosure Act 1998 (PIDA) was created specifically to protect employees who report serious concerns to the proper authorities.

PIDA also protects employees and contractors who contact the proper authorities with information which they reasonably believe tends to show one or more of the following matters is either happening now, took place in the past, or is likely to happen in the future:

  • a criminal offence
  • the breach of a legal obligation
  • a miscarriage of justice
  • a danger to the health and safety of any individual
  • damage to the environment
  • deliberate covering up of information tending to show any of the above

PIDA also establishes a number of prescribed regulators as alternative contacts - PIDA has given Ofwat responsibility for whistleblowing matters relating to the water and sewerage industries in England and Wales.

Ofwat said it would treat any information it received “sensitively and, as far as we are able, confidentially.”

Setting out the procedure, the guidance says that after receiving a communication from a whistleblower, Ofwat will endeavour to obtain full details of the allegation, as soon as possible. Where appropriate, this could involve further communication with the whistleblower, either by telephone or at a face-to-face meeting.

The guidance says hard evidence is clearly helpful, but it is not essential. However Ofwat said whistleblowers need to provide as much detail as possible, including specific events.

However, it does not insist that whistleblowers must provide their names - individuals that want to remain anonymous will be treated sensitively and everything possible will be done to protect their identity.

Click here to read the Guidance in full.

 

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