04 July 2008
Department for Innovation, Universities and Skills (DIUS)
 
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Disclosures in the public interest: protections for workers who 'blow the whistle': guidance

URN No: 08/790

 

Contents 

Introduction

This is a short guide to the Public Interest Disclosure Act 1998, an Act which protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The guide is intended to give general guidance only and should not be regarded as a complete or authoritative statement of the law. Readers should be aware of the possibility of developments in case law that might affect the rights described.

In general, workers should be able to make disclosures about wrongdoing to their employer, so that problems can be identified and resolved quickly within organisations. Many employers have internal procedures for this purpose.

Persons who may be protected by the new provisions against unfair dismissal or being subjected to detriment

The provisions introduced by the Public Interest Disclosure Act 1998 protect most workers from being subjected to a detriment by their employer. Detriment may take a number of forms, such as denial of promotion, facilities or training opportunities which the employer would otherwise have offered. Employees who are protected by the provisions may make a claim for unfair dismissal if they are dismissed for making a protected disclosure. Workers who are not employees may not claim unfair dismissal; however, if their contract has been terminated by the employer because they made a protected disclosure, they may instead make a complaint that they have been subjected to a detriment.

Subject to some limited exceptions, the new provisions protect persons who work under contracts of employment; those who work personally for someone else (under a "worker's" contract) but are not genuinely self-employed; homeworkers; certain agency workers; National Heath Service practitioners such as GPs, certain dentists, pharmacists and opticians; and certain categories of trainees.

What can be disclosed?

Qualifying disclosures

Certain kinds of disclosures qualify for protection ("qualifying disclosures"). Qualifying disclosures are disclosures of information which the worker reasonably believes tend 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 or safety of any individual;
  • damage to the environment; or
  • deliberate covering up of information tending to show any of the above five matters.

It should be noted that in making a disclosure the worker must have reasonable belief that the information disclosed tends to show one or more of the offences or breaches listed above ('a relevant failure'). The belief need not be correct - it might be discovered subsequently that the worker was in fact wrong - but the worker must show that he held the belief, and that it was a reasonable belief in the circumstances at the time of disclosure.

Disclosures about wrongdoing in the United Kingdom or overseas

Protection under the provisions applies even if the qualifying disclosure concerns a relevant failure which took place overseas, or where the law applying to the relevant failure was not that of the United Kingdom.

Disclosures that involve an offence

Disclosure of information by a worker is not a qualifying disclosure if in making it he commits an offence (e.g. if disclosure was prohibited under the Official Secrets Act 1989).

Disclosures and legal professional privilege

A disclosure of information, which would be protected from disclosure because of legal professional privilege, cannot be a qualifying disclosure if made by the legal adviser (or, say, a typist in the adviser's office) to whom the information was disclosed in the course of obtaining legal advice.

Circumstances in which disclosures are protected (a "protected disclosure")

Making a qualifying disclosure to the employer or via internal procedures

A qualifying disclosure will be a protected disclosure where it is made:

(a) to the worker's employer, either directly to the employer or by procedures authorised by the employer for that purpose; or

(b) to another person whom the worker reasonably believes to be solely or mainly responsible for the relevant failure.

The only additional requirement on the worker is that he should act in good faith. No other requirement is necessary to qualify for protection. Disclosure to the employer will in most cases ensure that concerns are dealt with quickly and by the person who is well placed to resolve the problem. In some small companies, this may be the employer himself. But often an authorised procedure will be helpful. An existing company procedure may suffice, or such procedures could perhaps be adapted, for example to facilitate confidential disclosures by workers. Internal procedures that are simple to use, readily accessible and which workers are encouraged to use are more likely to result in disclosure of concerns to the employer first, rather than externally. Employers will wish to consider the best way to secure trust and confidence in such procedures to ensure that they will be used, perhaps by involving the workforce, or their representatives.

Making a qualifying disclosure to a prescribed person

Workers who are concerned about wrongdoing or failures can make disclosures to a person or body which has been prescribed by the Secretary of State for the purpose of receiving disclosures about the matters concerned. If a worker makes a qualifying disclosure to such persons, it will be a protected disclosure provided the worker:-

  • makes the disclosure in good faith;
  • reasonably believes that the information, and any allegation it contains, are substantially true; and
  • reasonably believes that the matter falls within the description of matters for which the person or body has been prescribed. (For example, breaches of health and safety regulations can be brought to the attention of the Health and Safety Executive or appropriate local authority, or environmental dangers can be notified to the Environment Agency.)

A list of prescribed persons, the description of matters for which they are prescribed and contact details, are shown in Appendix 1. The persons listed have statutory functions and can provide authoritative advice and guidance to workers about matters properly disclosed to them.

Making a qualifying disclosure to a legal adviser

A qualifying disclosure will be a protected disclosure if it is made to a legal adviser in the course of obtaining legal advice. There are no further conditions attached.

Making a qualifying disclosure to a Minister

A qualifying disclosure made in good faith by a worker, employed in a Government-appointed organisation, such as a non-departmental public body, will be a protected disclosure if made to a Government Minister (either directly or via departmental officials).

Making a qualifying disclosure about an exceptionally serious failure

A qualifying disclosure made about a relevant failure which is exceptionally serious will be a protected disclosure if the worker:-

  • makes the disclosure in good faith;
  • reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and
  • does not act for personal gain.

Also, it must be reasonable for the worker to make the disclosure in view of all the circumstances, having regard in particular to the identity of the person to whom the disclosure is made.

Note that the relevant failure must be exceptionally serious. This will be a matter of fact, and not simply a matter of the worker reasonably believing it to be exceptionally serious.

Making a qualifying disclosure more generally

A qualifying disclosure will be a protected disclosure if the following conditions are met:

Firstly, the worker must:

  • make the disclosure in good faith
  • reasonably believe that the information, and any allegation contained in it, are substantially true, and
  • not act for personal gain.

In addition, one or more of the following conditions must be met:

  • the worker reasonably believed that he would be subjected to a detriment by his employer if disclosure were to be made to the employer or to a prescribed person;
  • in the absence of an appropriate prescribed person, the worker reasonably believed that disclosure to the employer would result in the destruction or concealment of information about the wrongdoing;
  • the worker had previously disclosed substantially the same information to his employer or to a prescribed person.

Finally, it must be reasonable for the worker to make the disclosure. The employment tribunal will decide whether the worker acted reasonably, in all the circumstances, but in particular will take into account:

  • the identity of the person to whom the disclosure was made (e.g. it may be more likely to be considered reasonable to disclose to a professional body that has responsibility for standards and conduct in a particular field, such as accountancy or medicine, than to the media);
  • the seriousness of the relevant failure;
  • whether the relevant failure is continuing or is likely to occur again;
  • whether the disclosure breaches the employer's duty of confidentiality to others (e.g. information that is made available by the worker may contain confidential details about a client);
  • what action has or might reasonably be expected to have been taken if a disclosure was made previously to the employer or a prescribed person; and
  • whether the worker complied with any internal procedures approved by the employer if a disclosure was made previously to the employer.

Disclosures about health and safety matters

The Employment Rights Act 1996 already provides protection for employees who, in certain circumstances, raise concerns about, or take action in connection with, health and safety matters (see sections 44 and 100 of that Act). For example, the 1996 Act already provides that it would be unfair to dismiss an employee who acts to protect himself or others from serious and imminent danger.

The new provisions provide protection, as explained above, to any worker who discloses information about a health or safety danger in accordance with the provisions. Clearly, where there is a recognised health and safety representative present, the worker should normally tell them about the problem, as it is part of the representative's role to raise such matters with the employer. The existing health and safety provisions in the Employment Rights Act 1996 and the new provisions introduced by the Public Interest Disclosure Act 1998 are therefore complementary.

Contractual duties of confidentiality

Any provision in an agreement between a worker and his employer which would prevent the worker from making disclosures protected by the new provisions is void. This applies to any agreement between the employer and worker (it might be a term in a contract of employment or a separate agreement), including agreements settling claims under the new provisions.

New legislation for resolving disputes in the workplace

From 1 October 2004, employers and employees (the new legislation does not apply to 'workers') will be required to follow a minimum three-stage process to ensure that disputes are discussed at work. The new minimum procedures create a framework for dealing with dismissal, disciplinary action and grievance issues, but are not intended to replace established effective procedures. Where an employer or employee is found not to have fully complied with these procedures, employment tribunals will impose financial penalties.

Detailed guidance, including information about when the procedures do not apply or are treated as having been complied with, is available on the DTI website - see Resolving disputes. Further help and advice can be found on the Acas website and by contacting their helpline: 08457 47 47 47.

However, the legislation introducing the new procedures differentiates between grievances and protected disclosures. Employees do not have to raise a grievance in order to make a protected disclosure. The statutory minimum grievance procedures apply to a protected disclosure only if the employee actually intends that the disclosure constitutes raising the matter with his employer as a grievance.

Employment tribunals and remedies

Workers protected by the provisions (including employees) can complain that they have been subjected to detriment by their employer for making a protected disclosure. As noted earlier, an 'employee' can make a claim of unfair dismissal; a 'worker' who is not an employee and whose contract has been terminated by his employer because he made a protected disclosure can claim that he has been subjected to a detriment.

As with many other claims to employment tribunals, the complaint should normally be made within three months of the dismissal or detriment. However, from 1 October 2004, with the introduction of statutory dismissal, disciplinary and grievance procedures (see New legislation for resolving disputes in the workplace), the time limit will be extended, for claims made by employees, in specified circumstances connected with those procedures. The tribunal can also consider a complaint made outside the three-month time limit (either by an employee or by a 'worker' ) if they believe it was not reasonably practicable for the employee to have made the complaint within it and that it has been made within such further period as they consider reasonable.

For unfair dismissal claims, interim relief is also available, provided the claim is made within seven days of the effective date of the termination of employment.

Where a tribunal finds that a complaint of unfair dismissal is justified, it will order re-instatement or re-employment, or the payment of compensation. Where a worker complains that he has been subjected to a detriment and the tribunal finds the complaint well-founded, it will make a declaration to that effect and may order the payment of compensation.

Appendix 1: LIST OF PRESCRIBED PERSONS

Accounts Commission for Scotland (including auditors appointed by the Commission)

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in local government.

Contact
The Controller of Audit
Accounts Commission for Scotland
18 George Street
Edinburgh
EH2 2QU
Tel: 0131 477 1234
Fax: 0131 477 4567

The Audit Commission for England and Wales (including auditors appointed by the Commission)

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in local government, and health service, bodies

Contact
The Audit Commission
1 Vincent Square
London
SW1P 2PN
Tel: 020 7630 1019

The Certification Officer

Matters in respect of which the person is prescribed:

  • Fraud, and other irregularities, relating to the financial affairs of trade unions and employers' associations

Contact
Certification Officer
Brandon House
180 Borough High Street
London
SE1 1LW
Tel: 020 7210 3734/3735
Fax: 020 7210 3612

The Charity Commissioners for England and Wales

Matters in respect of which the person is prescribed:

  • The proper administration of charities and of funds given or held for charitable purposes

Contact
Charity Commission
Liverpool Head of Operations
2nd Floor
20 Kings Parade
Queens Dock
Liverpool
L3 4DQ
Tel: 0870 3330123
Fax: 0151 703 1556

The Scottish Ministers

Matters in respect of which the person is prescribed:

  • The proper administration of charities and of funds given or held for charitable purposes

Contact
Director of Scottish Charities
Crown Office
25 Chambers Street
Edinburgh
EH1 1LA
Tel: 0131 226 2626
Fax: 0131 226 6912

Chief Executive of the Criminal Cases Review Commission

Matters in respect of which the person is prescribed:

  • Actual or potential miscarriages of justice

(The Commission has responsibility for these matters in respect of England, Wales and Northern Ireland)

Contact
Criminal Cases Review Commission
Alpha Tower
Suffolk Street
Queensway
Birmingham
B1 1TT
Tel: 0121 633 1800
Fax: 0121 633 1804
Email: info@ccrc.gov.uk

Chief Executive of the Scottish Criminal Cases Review Commission

Matters in respect of which the person is prescribed:

  • Actual or potential miscarriages of justice

Contact
Scottish Criminal Cases Review Commission
5th floor, Portland House
17 Renfield Street
Glasgow
G2 5AH
Tel: 0141 270 7030
Fax: 0141 270 7040

Independent Police Complaints Commission

Matters in respect of which the person is prescribed:

  • Matters relating to the conduct of a person serving with the police (as defined in section 12(7) of the Police reform Act 2002) or of any other person in relation to whose conduct the Independent Police Complaints Commission exercises functions in or under any legislation.

Contact
Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH
Tel: 020 7166 3000

Civil Aviation Authority

Matters in respect of which the person is prescribed:

  • Compliance with the requirements of civil aviation legislation, including aviation safety

Contact
Secretary and Legal Adviser
Civil Aviation Authority
CAA House
45-59 Kingsway
London
WC2B 6TE
Tel: 020 7453 6160
Fax: 020 7453 6163

The competent authority under Part IV of the Financial Services and Markets Act 2000

Matters in respect of which the person is prescribed:

  • The listing of securities on a stock exchange; prospectuses on offers of transferable securities to the public

Contact
Head of Listing Department
London Stock Exchange
Old Broad Street
London
EC2N 1HP
Tel: 020 7797 3884
Fax: 020 7334 8976

The Commission for Healthcare Audit and Inspection

Matters in respect of which the person is prescribed:

  • Matters connected with (a) the provision of health care for the purposes of the National Health Service (where “health care” has the same meaning as in section 45(2) of the Health and Social Care (Community Health and Standards) Act 2003), (b) the provision of independent health care services within the meaning of section 5A(8) of the Care Standards Act 2000, or (c) any activities not covered by (a) and (b) in relation to which the Commission exercises its functions

Contact
Chief Executive
Healthcare Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Tel: 010 7448 9200

Email: feedback@healthcarecommission.org.uk

The Commission for Social Care Inspection

Matters in respect of which the person is prescribed:

  • Matters relating to the provision of regulated social care services as defined in the Care Standards Act 2000, and the inspection and performance assessment of English local authority social services as defined in section 148 of the Health and Social Care (Community Health and Standards) Act 2003

Contact
Chief Inspector
Commission for Social Care Inspection
33 Greycoat Street
London
SW1P 2QF
Tel: 020 7979 2000
Fax: 020 7979 2111
Email: enquiries@csci.gsi.gov.uk

Website: www.csci.gov.uk

The Commissioners for Her Majesty’s Revenue and Customs

Matters in respect of which the person is prescribed:

  • Value added tax, insurance premium tax, excise duties and landfill tax. The import and export of prohibited or restricted goods
  • Income tax, corporation tax, capital gains tax, petroleum revenue tax, inheritance tax, stamp duties, national insurance contributions, statutory maternity pay, statutory sick pay, tax credits, child benefits, collection of student loans and the enforcement of the national minimum wage

Contact
Her Majesty’s Revenue and Customs
Cross Cutting Policy
Room 1E/04
1 Parliament Street
London
SW1A 2BQ
Tel: freephone 0900 595000
Fax: free fax 0800 523 0506
Email: customs.confidential@hmrc.gov.uk

Comptroller and Auditor General of the National Audit Office

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in relation to the provision of centrally funded public services

Contact
The Comptroller and Auditor General
National Audit Office
157-197 Buckingham Palace Road
Victoria
London
SW1W 9SP
Tel: 020 7798 7999

Auditor General for Wales

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in relation to the provision of public services

Contact
The Auditor General for Wales
Pierhead Building
Capital Waterside
Cardiff
CF1 5TH

Auditor General for Scotland (including persons appointed by or on his behalf as auditors or examiners)

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in relation to the provision of public services

Contact
The Auditor General for Scotland
Audit Scotland
110 George Street
Edinburgh
EH2 4LH
Tel: 0131 477 1234
Fax: 0131 477 4567
www.audit-scotland.gov.uk

Audit Scotland

Matters in respect of which the person is prescribed:

  • The proper conduct of public business, value for money, fraud and corruption in public bodies

Contact
The Director of Audit Review
Audit Scotland
18 George Street
Edinburgh
EH2 2QU
Tel: 0131 477 1234
Fax: 0131 477 4567

Director General of Water Services

Matters in respect of which the person is prescribed:

  • The supply of water and the provision of sewerage services

Contact
Director General of Water Services
Office of Water Services
Centre City Tower
7 Hill Street
Birmingham
B5 4UA
Tel: 0121 625 1300
Fax: 0121 625 1400

Water Industry Commissioner for Scotland

Matters in respect of which the person is prescribed:

  • The supply of water and the provision of sewerage services

Contact
Water Industry Commissioner for Scotland
Ochil House
Springkerse Business Park
Stirling
FK7 7XE
Tel: 08457 413 132
Fax 01786 462 018
Email: enquiries@watercommissioner.co.uk

The Director of the Serious Fraud Office

Matters in respect of which the person is prescribed:

  • Serious or complex fraud

Contact
The Director of the Serious Fraud Office
Elm House
10-16 Elm Street
London
WC1X 0BJ
Tel: 020 7239 7272
Fax: 020 7837 1689

The Lord Advocate, Scotland

Matters in respect of which the person is prescribed:

  • Serious or complex fraud

Contact
The Head of the International and Financial Crime Unit
Crown Office
25 Chambers Street
Edinburgh
EH1 1LA
Tel: 0131 226 2626
Fax:0131 226 6861

The Environment Agency

Matters in respect of which the person is prescribed:

  • Acts or omissions which have an actual or potential effect on the environment or the management or regulation of the environment including those relating to pollution, abstraction of water, flooding, the flow of rivers, inland fisheries and migratory salmon or trout

Contact
The Environment Agency
Rio House
Waterside Drive
Aztec West
Almondsbury
Bristol
BS12 4UD
Tel: 0800 807060 (24 hour line)
or enquiries 01454 624400
Fax: 01454 624409

Scottish Environment Protection Agency

Matters in respect of which the person is prescribed:

  • Acts or omissions which have an actual or potential effect on the environment or the management or regulation of the environment, including those relating to flood warning systems and pollution

Contact
Scottish Environment Protection Agency
Erskine Court
Castle Business Park
Stirling
FK9 4TR
Tel: 01786 457700
Fax: 01786 446885
Email: info@sepa.org.uk

Food Standards Agency

Matters in respect of which the person is prescribed:

  • Matters which may affect the health of any member of the public in relation to the consumption of food and other matters concerning the protection of the interests of consumers in relation to food

Contact
Personnel and Establishments Division
Food Standards Agency
Room 111C
Aviation House
125 Kingsway
London
WC2B 6NH
Tel: 020 7276 8120
Fax: 020 7276 8132

Financial Services Authority

Matters in respect of which the person is prescribed:

  • The carrying on of investment business or of insurance business. The operation of banks and building societies, deposit-taking businesses and wholesale money market regimes. The operation of friendly societies, benevolent societies, working men's clubs, specially authorised societies and industrial and provident societies. The functioning of financial markets, investment exchanges and clearing houses. Money laundering, financial crime, and other serious financial misconduct, in connection with activities regulated by the Financial Services Authority

Contact
Director, Authorisation
Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: 020 7676 4646
Fax: 020 7676 9727
Email: whistle@fsa.gov.uk

Gas and Electricity Markets Authority

Matters in respect of which the person is prescribed:

  • The generation, transmission, distribution and supply of electricity, participation in the operation of an electricity interconnector (as defined in section 4(3E) of the Electricity Act 1989) and activities ancillary to these matters
  • The transportation, shipping and supply of gas through pipes, participation in the operation of a gas interconnector (as defined in section 5(8) of the Gas Act 1986) and activities ancillary to these matters

Contact

The Gas and Electricity Markets Authority
9 Millbank
London
SW1P 5GE
Tel: 020 7901 7000

General Social Care Council

Matters in respect of which the person is prescribed:

  • Matters relating to the registration of social care workers under the Care Standards Act 2000

Contact
General Social Care Council
Goldings House
2 Hays Lane
London
SE1 2HB
Tel: 020 7397 5100
Fax: 020 7397 5145
www.gscc.org.uk

Care Council for Wales

Matters in respect of which the person is prescribed:

  • Matters relating to the registration of social care workers under the Care Standards Act 2000

Contact
Care Council for Wales
6th Floor
West Wing
South Gate House
Wood Street
Cardiff
CF10 1EW
Tel: 029 2022 6257
Fax: 029 2038 4764
Email: info@ccwales.org.uk

Scottish Social Services Council

Matters in respect of which the person is prescribed:

  • Matters relating to the registration of the social services workforce by the Scottish Social Services Council

Contact
The Chief Executive
Scottish Social Services Council
Compass House
Discovery Quay
11 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 207101
Fax: 01382 207215

Children's Commissioner for Wales

Matters in respect of which the person is prescribed:

  • Matters relating to the rights and welfare of children

Contact
Children's Commissioner for Wales
Oystermouth House
Phoenix Way
Swansea Enterprise Park
Llansamlet
Swansea
SA7 9FS
Tel: 01792 765600
Fax: 01792 765601
Email: post@childcomwales.org.uk

Children’s Commissioner

Matters in respect of which the person is described:
Matters relating to the views and interests of children.

Contact
Children’s Commissioner
11Million
1 London Bridge
London
SE1 9BG

Tel: 08444 8009113
Email: info.request@11million.org.uk

Commissioner for Children and Young People in Scotland

Matters in respect of which the person is prescribed.
Matters relating to promoting and safeguarding the rights of children and young people.

Contact

Commissioner for Children and Young People in Scotland
85 Holyrood Road
Edinburgh
EH8 8AU

Tel: 0131 556 3378
info@sccyp.org.uk

Health and Safety Executive

Matters in respect of which the person is prescribed:

  • Matters which may affect the health or safety of any individual at work; matters which may affect the health and safety of any member of the public arising out of, or in connection with, the activities of persons at work

Contact

Health and Safety Executive
Information Services
Caerphilly Business Park
Caerphilly
South Wales
CF83 3GG

Tel: 0845 345 0055
Fax: 0845 408 9566

Email: hse.infoline@natbrit.com

Housing Corporation

Matters in respect of which the person is prescribed:

  • The registration and operation of registered social landlords, including their administration of public and private funds and management of their housing stock

Contact
Assistant Director Supervision
Housing Corporation
149 Tottenham Court Road
London
W1T 7BN
Tel: 020 7393 2000

Local authorities

(The local authority which under section 18 of the Health and Safety at Work etc Act 1974 is responsible for the enforcement of the relevant statutory provisions)

Matters in respect of which the person is prescribed:

  • Matters which may affect the health or safety of any individual at work; matters which may affect the health and safety of any member of the public arising out of, or in connection with, the activities of persons at work

Contact
The appropriate local authority

Information Commissioner

Matters in respect of which the person is prescribed:

  • Compliance with the requirements of legislation relating to data protection and to freedom of information*

(*Data protection legislation regulates the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information)

(*Freedom of information legislation provides for the disclosure by public authorities of the information that they hold)

Contact
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524510
Email: mail@ico.gsi.gov.uk

Scottish Information Commissioner

Matters in respect of which the person is prescribed:

  • Compliance with the requirements of legislation relating to freedom of information

Contact
Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS
Tel: 01344 464610
Fax: 01344 464611
Email: enquiries@itspublicknowledge.info

National Care Standards Commission

Matters in respect of which the person is prescribed:

  • Matters relating to the provision of regulated care services, as defined in the Care Standards Act 2000

Contact
The Customer Service Manager
National Care Standards Commission
St Nicholas Building
St Nicholas Street
Newcastle
NE1 1NB
Tel: 0191 233 3556
Email: enquiries@ncsc.gsi.gov.uk

National Assembly for Wales

Matters in respect of which the person is prescribed:

  • Matters relating to the provision of Part II services as defined in section 8 of the Care Standards Act 2000 and the Children Act 1989

Contact
Chief Executive
Care Standards Inspectorate for Wales
4-5 Charnwood Court
Heol Billingsley
Nantgarw
Cardiff
CF15 7QZ

Tel: 01443 848450
Fax: 01443 848472
Email: CSIW_National_Office@wales.gsi.gov.uk

  • Matters relating to the inspection and performance assessment of Welsh local authority social services as defined in section 148 of the Health and Social Care (Community Health and Standards) Act 2003

Contact
Chief Inspector
Social Services Inspectorate for Wales
Cathays Park
Cardiff
CF10 3NQ

Tel: 029 2082 5655
Email: ssiw@wales.gov.uk

  • Matters relating to the review of, and investigation into, the provision of health care by and for Welsh NHS bodies as defined under the Health and Social Care (Community Health and Standards) Act 2003

Contact
Chief Executive
Healthcare Inspectorate Wales
Unit 3c
Caerphilly Business Park
Van Road
Caerphilly
CF83 3ED

Tel: 029 2092 8850
Fax: 029 2092 8878

Website: www.hiw.org.uk

The registration and operation of registered social landlords, including their administration of public and private funds and management of their housing stock

Contact
Housing Directorate
National Assembly for Wales
Cathay Park
Cardiff
CF10 3NQ
Tel: 029 2082 6944

Scottish Commission for the Regulation of Care

Matters in respect of which the person is prescribed:

  • Matters relating to the provision of care services, as defined in the Regulation of Care (Scotland) Act 2000

Contact
The Scottish Commission for the Regulation of Care
Compass House
1 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 207200
Fax: 01382 207289

The Pensions Regulator

Matters in respect of which the person is prescribed:

  • Matters relating to occupational pension schemes and other private pension arrangements

Contact
The Pensions Regulator
Napier House
Trafalgar Place
Brighton
BN1 4DW
Tel: 0870 6063636
Textphone: 0870 2433123

Fax: 0870 2411144
E-mail: customersupport@thepensionsregulator.gsi.gov.uk

Website: www.thepensionsregulator.gov.uk

The Office of Communications

Matters in respect of which the person is prescribed:

  • the provision of electronic communications networks and the use of the electro-magnetic spectrum, broadcasting and the provision of radio and television services, media ownership and control and competition in communications markets

Contact
Chairman
The Office of Communications
Riverside House
2a Southwark Bridge Road
London
SE1 9HA
Tel: 020 7981 3000
Fax: 020 7981 3333

Office of Fair Trading

Matters in respect of which the person is prescribed:

  • Matters concerning the sale of goods or the supply of services, which adversely affects the interests of consumers

  • Competition affecting markets in the United Kingdom

Contact
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Tel: 020 7211 8000
Fax: 020 7211 8800

Office of Rail Regulation

Matters in respect of which the person is prescribed:

  • The provision and supply of railway services

Contact
Office of Rail Regulation
1 Waterhouse Square
138-142 Holborn
London
EC1N 2TQ
Tel: 020 7282 2000
Fax: 020 7282 2040

Standards Board for England

Matters in respect of which the person is prescribed:

  • Breaches by a member or co-opted member of a relevant authority (as defined in section 49(6) of the Local Government Act 2000) of that authority's code of conduct

Contact
The Standards Board for England
1st Floor
Cottons Centre
Cottons Lane
London
SE1 2QL
Tel: 0845 078 8181

Local Commissioner in Wales

Matters in respect of which the person is prescribed:

  • Breaches by a member or co-opted member of a relevant authority (as defined in section 49(6) of the Local Government Act 2000) of that authority's code of conduct

Contact
Local Government Ombudsman
Derwen House
Court Road
Bridgend
CF31 1BN
Tel: 01656 661325
Fax: 01656 673279
Email:enquiries@ombudsman-wales.org

Standards Commission for Scotland and the Chief Investigating Officer

Matters in respect of which the person is prescribed:

  • Breaches by a councillor or a member of a devolved public body (as defined in section 28 of the Ethical Standards in Public Life etc. (Scotland) Act 2000) of the code of conduct applicable to that councillor or member under that Act

Contact
The Standards Commission for Scotland
Forsyth House
Innova Business Campus
Rosyth Europarc
Rosyth
KY11 2UU
Tel: 01383 428 061
Fax: 01383 418 020
Email: enquiries@standardscommission.org.uk

The Chief Investigating Officer
(Address as above)

HM Treasury

Matters in respect of which the person is prescribed:

  • The carrying on of insurance business

Contact
HM Treasury
Insurance Directorate
Parliament Street
London
SW1P 3AG
Tel: 020 7270 1720
Fax: 020 7270 4694

Secretary of State for Business Enterprise and Regulatory Reform

Matters in respect of which the person is prescribed:

  • Fraud and other misconduct in relation to companies, investment business, insurance business, or multi-level marketing schemes (and similar trading schemes); insider dealing

Contact
Vetting Section
Companies Investigation Branch
Department of Trade and Industry
Kingsgate House
66-74 Victoria Street
London
SW1H 0WU
Tel: 020 7215 3120
Fax: 020 7215 3112

  • Consumer & product safety

Contact

David Southerland
Head, Consumer Product and Services Safety
Consumer and Competition Policy Directorate
Department for Business, Enterprise and Regulatory Reform
1 Victoria Street
London SW1H 0ET

Tel: 020 7215 0371
Fax: 020 7215 0357

Email: david.southerland@berr.gsi.gov.uk

Secretary of State for Transport

Matters in respect of which the person is prescribed:

  • Compliance with merchant shipping law, including maritime safety

Contact
Secretary to the Executive Board
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 023 8032 9277
Fax: 023 8032 9122

Local authorities which have responsibility for enforcement of consumer protection legislation

Matters in respect of which the person is prescribed:

  • Compliance with the requirements of consumer protection legislation

Contact
The appropriate local authority

Local authorities which are responsible for the enforcement of food standards

Matters in respect of which the person is prescribed:

  • Compliance with the requirements of food safety legislation

Contact
The appropriate local authority

Appendix 2: ADVICE AND INFORMATION

Advisory, Conciliation and Arbitration Service (Acas)

Acas operates a nationwide network of helplines which deal with queries about employment matters, including the rights and obligations arising out of employment law. The service is available to any individual or organisation free of charge. Any worker who contacts Acas will wish to bear in mind the distinction between seeking information about the provisions of the Public Interest Disclosure Act 1998, and the requirements attached to making a protected disclosure, as explained in section Circumstances in which disclosures are protected (a "protected disclosure") of this guide.

Public Concern at Work

Public Concern at Work is an independent organisation which can provide guidance and training to employers on whistleblowing and can also offer free advice to employees unsure whether or how to raise a concern about workplace wrongdoing.

 

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