EDINBURGH INTERNATIONAL FILM FESTIVAL LIMITED (the “Charity”)
A Charity Registered in Scotland – SC053218
1. Introduction
The Edinburgh International Film Festival (the “Charity”) is committed to the highest standards of openness, probity and accountability. The Charity seeks to conduct its affairs in a responsible manner, and takes into account the requirements of the funding bodies. However, all organisations face the risk of the unexpected happening from time to time, or of unknowingly being subject to illegal or unethical conduct. A culture of openness and accountability is essential to prevent such situations occurring and to address them appropriately when they do occur.
This Public Interest Disclosure and Whistleblowing Policy (“Public Interest Disclosure and Whistleblowing Policy”) is intended to:
- Assist staff who believe that they have discovered malpractice or impropriety and encourage them to report the suspected malpractice or impropriety as soon as possible, in the knowledge that their concerns will be taken seriously and investigated, as appropriate, and that confidentiality will be respected;
- Provide staff with guidance as to how to raise genuine concerns; and
- Reassure staff that they should be able to raise such concerns without fear of reprisals, even if they turn out to be mistaken.
This Whistleblowing Policy is intended to cover disclosures that are in the public interest and it is not designed to question financial or business decisions taken by the Charity, nor should it be used to reconsider any matters which have already been dealt with under any grievance or disciplinary procedure.
This Public Interest Disclosure and Whistleblowing Policy covers all persons connected to the Charity, including employees, officers, consultants, contractors, volunteers, interns, casual workers, agency workers, and trustees. For the purposes of this Public Interest Disclosure and Whistleblowing Policy, such persons shall be referred to as “Members of the Charity”.
This Public Interest Disclosure and Whistleblowing Policy does not form part of any employee’s contract of employment and it may be amended at any time.
2. What is Whistleblowing?
Whistleblowing is the reporting of suspected malpractice, wrongdoing or dangers in relation to the Charity’s activities. This Public Interest Disclosure and Whistleblowing Policy is designed to allow Members of the Charity to raise concerns at a high level or to disclose information which a Member of the Charity believes may show suspected malpractice, wrongdoing or dangers in relation to the Charity’s activities. These might include:
- Financial malpractice, impropriety or fraud;
- Failure to comply with a legal obligation or with the Articles of Association or regulations of the Charity;
- Dangers to health and safety and the environment;
- Criminal activity;
- Academic or professional malpractice;
- Improper conduct or unethical behaviour;
- Miscarriages of justice;
- Unauthorised disclosure of confidential information;
- Modern slavery allegations;
- Conduct likely to damage the Charity’s reputation; and/or
- Attempts to conceal any of the above.
The policy is not designed to question financial or business decisions taken by the Charity, nor may it be used to reconsider any matters which have already been addressed under harassment, complaint, grievance or disciplinary procedures.
3. Safeguards
3.1 Protection
It is understandable that whistleblowers are sometimes worried about possible repercussions of making a disclosure. The Charity aims to encourage openness and will support members of the Charity who raise genuine concerns under this Public Interest Disclosure and Whistleblowing Policy, even if they turn out to be mistaken.
Whistleblowers will not suffer any detrimental treatment (e.g., dismissal, disciplinary action, threats or other unfavourable treatment) as a result of making a disclosure that is in the public interest provided that: (i) the disclosure is made in good faith; and (ii) the member of the Charity making the disclosure reasonably believes that the disclosure reveals probable evidence of malpractice. Such member of the Charity will be protected if they make the disclosure to the appropriate person (see section 4 below). The Charity will not threaten or retaliate against whistleblowers.
If a whistleblower feels that they have been subjected to a detriment having made a disclosure, they should contact the Whistleblowing Officer whose details are set out below.
3.2 Confidentiality
The Charity will treat all disclosures in a confidential and sensitive manner. The Charity will generally try to keep the identity of the member of the Charity making the disclosure confidential. However, an investigation process may reveal the source of the information, and the member of the Charity making the disclosure may need to provide a statement in order for the matter to be pursued effectively.
3.3 Anonymous Allegations
The Charity encourages members of the Charity to put their names to any disclosures that they make. Concerns expressed anonymously are much less powerful and can be much harder to investigate if the Charity cannot obtain further information. However, such disclosures will still be considered if they appear to be serious, credible and capable of being confirmed by other credible sources.
3.4 Untrue Allegations
If a member of the Charity makes an allegation in good faith which is not confirmed by a subsequent investigation, no action will be taken against that member of the Charity. If, however, a member of the Charity makes malicious or vexatious allegations, or false allegations with a view for personal gain, disciplinary action may be taken against the individual concerned.
4. Procedure for Making a Disclosure
4.1 Initial Step
The Charity hopes that in many cases members of the Charity will be able to raise any concerns that they have with their line manager. However, if making a disclosure to their line manager is inappropriate or has proved ineffective, then they should make the disclosure to the Whistleblowing Officers – to be determined with Andrew/Paul/Emma – who have been designated by the Board of Trustees as the people responsible for considering such allegations.
If the disclosure relates to either of the Whistleblowing Officers, then the disclosure may be made to the Chair of the Board. If members of the Charity do not wish to make the disclosure to the above, they may raise the matter with xxx (do we have HR support elsewhere).
4.2 Process
A designated person, appointed by the appropriate Whistleblowing Officer, will consider the information available and decide if there is a probable case to answer. In doing so the designated person will decide whether an investigation should be conducted and what form such an investigation should take. This will depend on the nature of the matter raised, and may include an internal investigation, an independent inquiry or referral to the Police. An initial investigation to establish all the relevant facts may also be conducted by an independent officer of the Charity, who will report their findings to the designated person.
If a meeting is needed with the whistleblower to obtain further information, the Charity will arrange this as soon as practicable. The whistleblower may bring a colleague or union representative to this meeting, but their companion must respect the confidentiality of the disclosure and subsequent investigation.
4.3 Investigation
If the designated persons and/or independent officer of the Charity decide that an investigation into the disclosure should be carried out, the investigation should not be undertaken by the person who will have to reach a decision on the matter. Any investigation will be carried out as sensitively and speedily as possible.
The designated person will consider the results of the investigation and may refer the matter to an external authority for further investigation.
4.4 Decision
After an investigation has been carried out, the CEO will decide on an appropriate course of action, based on the information available. Where a concern raised appears to relate more appropriately to other procedures, these will be invoked. Where it is unclear which procedure applies, the decision of the CEO will be final.
The Charity will aim to keep the whistle blower informed of the progress of the investigation and its likely timescale. However, sometimes the need for confidentiality may prevent the Charity from giving the whistle blower specific details of the investigation or any disciplinary action taken as a result. The whistleblower should treat any information about the investigation as confidential.
While the Charity cannot always guarantee the outcome that the whistleblower is seeking, the Charity will try to deal with the whistleblower’s concern fairly and in an appropriate way. By using this Public Interest Disclosure and Whistleblowing Policy, whistleblowers can help the Charity to achieve this. If the whistleblower is not happy with the way in which their concern has been handled, they can raise it with one of the other individuals identified at section 6 below.
4.5 Reporting of Outcomes
A record of all disclosures, and subsequent actions taken, will be kept by the CEO who will retain such records for not less than three years. In all cases, a report of the outcomes of any investigations will be made to Board of Trustees.
5. External Disclosures
The aim of this Public Interest Disclosure and Whistleblowing Policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in relation to the Charity’s activities. In most cases, members of the Charity should not find it necessary to alert anyone externally.
However, the law recognises that in some circumstances it may be appropriate for members of the Charity to report their concerns to an external body, such as an education regulator or local authority. It will very rarely if ever be appropriate to alert the media, and could be counter-productive. The Charity strongly encourages members of the Charity to seek advice before reporting a concern to anyone external. The independent whistleblowing charity, Public Concern at Work, operates a confidential helpline. It also has a list of prescribed regulators for reporting certain types of concern. Their contact details are noted below.
6. Contacts
Public Concern at Work (Independent whistleblowing charity)
Helpline: (020) 7404 6609 E-mail: whistle@pcaw.co.uk Website: www.pcaw.co.uk
Policy Last Amended: March 2024
