Further detail

Police Scotland commenced a formal Whistleblowing process in 2017 which is now a well embedded process within the organisation. Police Scotland utilise the services of PROTECT (Whistleblowing Advice) Ltd (‘PROTECT’) to provide independent, confidential and expert advice to Police Scotland officers, staff and managers.

This report will provide an update in relation to Whistleblowing matters investigated by Police Scotland during the Financial Year 2022/23 and proposed next steps for 2023/24.

PSD NATIONAL GATEWAY ASSESSMENT UNIT – Referrals (including Whistleblowing Reports) 2022/23

Between the dates 01 April 2022 and 31 March 2023, the PSD National Gateway Assessment Unit (NGAU) received 3084 referrals in total. A breakdown of these referrals is as follows:-

TABLE

Of these referrals, 14 reports were recognised as Whistleblowing, with 15 individual officers or members of police staff formally recognised as Whistleblowers due to their disclosures meeting the legislative criteria in that the individual held a reasonable belief that:

They were acting in the public interest;
That the disclosure tended to show past, present or likely future wrongdoing falling into one or more of the following categories:

A criminal offence has been, is being or is likely to be committed;
A person has failed, is failing or is likely to fail to comply with any legal obligation;
A miscarriage of justice has occurred, is occurring or likely to occur;
The Health or Safety of an individual has been, is being, or is likely to be endangered;
The environment has been, is being or is likely to be damaged;
There has been deliberate concealment of information in relation to any of the above.

1 of the aforementioned reports was assessed as ‘Whistleblowing’ however the reporter remained anonymous and could not be identified.

Since the establishment of PSD NGAU in February 2017, the referral data is as follows:

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2A dedicated Chief Inspector has oversight of the NGAU and ownership of Whistleblowing assessments and associated processes. Regular engagement with PROTECT and attendance at its Seminars and Masterclasses has ensured that the organisation’s response to Whistleblowing continues to be fit for purpose.

During the Year 2022/23, Police Scotland has enhanced current Whistleblowing processes, operations and governance, as follows:

The published Whistleblowing Guidance is currently under review and upon conclusion of mandatory consultation, will be published in early course;
The PROTECT benchmark self-assessment was completed in June 2022 for Year 2021/22 and the resulting Benchmarking Report provided that Police Scotland’s Benchmark Score was 91%, which can be further broken down as follows;
Governance 97%
Engagement 93% and
Effective Operations 83%
Suggestions to improve the Operations score include:
Police Scotland could implement a network of whistleblowing advocates to support ‘Whistleblowers’ through the process of the investigation;
Police Scotland could also be more explicit in communicating that settlement agreements do not stop an employee from going to a relevant regulator.
Officers within PSD are aware of the importance of protecting police officers and members of police staff making reports about colleagues and are encouraged to proactively consider during their investigations whether any Whistleblowing assessments require to be undertaken. This ensures that matters submitted directly to other PSD business areas receive the same level of assessment with regards to Whistleblowing as those submitted via PSD NGAU.
PSD has undertaken a range of activities Police Scotland’s ‘Policing Together’ strategy, which supports the service-wide drive to raise awareness of the organisation's values of integrity, fairness and respect, and a commitment to upholding human rights. Examples of this include the publication of misconduct outcomes and a programme of activity which focuses on maintaining our Standards of Professional Behaviour, encouraging officers and members of police staff to challenge inappropriate behaviours and to report same to line managers or to PSD.
PSD has engaged with People and Development to explore opportunities to better understand and improve organisational workplace cultures through the implementation of a ‘Report and Support’ tool. Furthermore, discussions are ongoing with ‘Crimestoppers’ in relation to a further confidential reporting system which aims to capture police corruption; all with a view to improving means for the public, police officers and members of police staff to report wrongdoing, inappropriate behaviours, misconduct or criminality.
PSD has engaged with Leadership and Talent colleagues to ensure that Whistleblowing awareness has been embedded within the current ‘Your Leadership Matters’ Seminars currently being delivered across the Force.
The published ‘Investigation – Wellbeing Guidance’ ensures that all officers and staff within Police Scotland and the SPA receive a consistent level of support across the organisation should they become involved in an investigative process (including Whistleblowing matters). The Guidance is supported by two feedback forms which provides the opportunity for individuals and supervisors to submit feedback to enhance processes moving forward.
Police Scotland has extended its contract with PROTECT for a further year.

NEXT STEPS 2023/24

In order to develop and strengthen current process and practice, Police Scotland’s next steps for Year 2023/24 will be as follows:-

A further Benchmarking Assessment will be completed and submitted to PROTECT;
PSD will consider and progress implementation of the Benchmarking Report recommendations;
Advice and Guidance in relation to reporting mechanisms, including Whistleblowing, will be included within forthcoming issues of PSD’s new quarterly newsletter, ‘The Standard’;
PSD will engage with English and Welsh Police Forces in order to benchmark their Whistleblowing processes;
CPD and awareness sessions will be undertaken with Divisions and Departments at all levels within the organisation;
Whistleblowing will continue to be promoted during PSD meetings with divisional/departmental senior management teams;
PSD will continue to work alongside Corporate Communications to enhance our internal Whistleblowing communication strategy.