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Wednesday, 20 September 2023 09:12

Ofwat consults on driving better company performance through whistleblowing practices

Ofwat has launched a new consultation on driving better company performance through clear and effective whistleblowing practices.

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Introducing the consultation, the water sector regulator said:

“We are consulting on the key elements of policy and practice we would typically expect water companies to have in place in relation to whistleblowing. We consider these to be good practice with respect to whistleblowing.”

Ofwat defines whistleblowing as:

“when a worker (which includes direct employees and indirect employees such as contractors) raises concerns about improper practices in their workplace – also known as making a disclosure in the public interest.”

Workers typically have the option of raising their concern either directly with their employer or with a relevant regulator or professional body which is prescribed by legislation to hear concerns about particular sectors or issues, otherwise known as a prescribed person. Ofwat is among a number of prescribed organisations for disclosures in the water and wastewater services sector.

Following research by Ofwat into what constitutes good practice, the regulator has now concluded that there are some gaps and opportunities for more consistency within the water sector.

The consultation document sets out a number of principles Ofwat considers best practice, including:

  • A clear understanding of whistleblowing law
  • Clear, consistent, and regular, communications to workers - including contractors - on the importance of whistleblowing
  • Making it clear to workers that it is safe and acceptable for them to raise a concern about malpractice and that disciplinary action will be taken against anyone found to have victimised a whistleblower for raising concerns
  • Multiple and alternative channels for staff to speak up
  • Details on how and when action will be taken to consider a disclosure
  • Details on what whistleblowers can expect in terms of feedback on the outcome of their disclosure
  • A clear process for managing disclosures
  • Clear outcomes and insight
  • Regular communications and training for workers on whistleblowing

 

Ofwat is now inviting responses on two key questions:

1. Do you have any comments or concerns about our proposed good practice expectations?

2. Is there anything that our expectations do not cover that you consider would be relevant to enabling effective whistleblowing arrangements in water companies?

Deadline to submit responses to the consultation is 13 October 2023 – click here to download the consultation paper

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