Disclosure Scotland whistleblowing data: FOI release

Information requested

1. How many incidences of whistleblowing has Disclosure Scotland recorded in each of the last five financial years (please break down by year, 2021/22, 2022/23, 2023/24, 2024/25, 2025/26)?

2. Does your whistleblowing policy encourage or direct whistleblowers to raise concerns with a "prescribed person" (as defined under the Public Interest Disclosure Act 1998)? If so, please specify which prescribed person(s) are referenced.

3. Does your whistleblowing policy or process guarantee anonymity to individuals who raise a concern?

If so, please provide a copy of the relevant section of the policy addressing this.

4. Does your whistleblowing policy include a non-recrimination or non-retaliation provision, protecting whistleblowers from detriment or reprisal as a result of raising a concern? If so, please provide a copy of the relevant section of the policy addressing this.

5. Has your internal whistleblowing policy been subject to any external review, audit, or assessment (by an external body, auditor, regulator, or independent consultant) within the last five years? If so, please provide:

a. the name of the body/organisation that conducted the review;

b. the date of the review; and 

c. a copy of any resulting report or summary of findings, subject to any applicable exemptions.

Response

1. How many incidences of whistleblowing has Disclosure Scotland recorded in each of the last five financial years (please break down by year, 2021/22, 2022/23, 2023/24, 2024/25, 2025/26)?

Nil response. Disclosure Scotland has had no recorded incidences of whistleblowing in the last five financial years (break down by year, 2021/22, 2022/23, 2023/24, 2024/25, 2025/26).

2. Does your whistleblowing policy encourage or direct whistleblowers to raise concerns with a "prescribed person" (as defined under the Public Interest Disclosure Act 1998)? If so, please specify which prescribed person(s) are referenced.

The current ‘Raising a Concern under the Civil Service Code and Whistleblowing Policy’ (the Policy) encourages individuals to raise concerns internally, as soon as possible, through management channels or via Nominated Officers. The Policy states: "It is important that concerns are raised internally, as soon as possible. This will allow us the opportunity to address and resolve any concerns quickly. We are confident that there are sufficient internal avenues available to deal with any concerns raised."

The Policy does reference prescribed persons under the Public Interest Disclosure Act 1998 (PIDA), stating: “Qualifying disclosures to certain regulatory bodies will not be dealt with under this Policy e.g. The Health and Safety Executive, known as 'prescribed persons', can be made under PIDA in certain circumstances.”

3. Does your whistleblowing policy or process guarantee anonymity to individuals who raise a concern? If so, please provide a copy of the relevant section of the policy addressing this.

No, while the Policy allows concerns to be raised anonymously and commits to respecting requests for confidentiality where possible, it does not guarantee anonymity.

The relevant section of the Policy states: "Any request for confidentiality will be respected as far as possible. However, if the situation arises where it is not possible to resolve the concern without revealing your identity (for example in matters of criminal law), we will aim to advise you before proceeding."

The Policy further states: "You may choose to raise concerns anonymously, i.e. without providing your name at all. If this is the case, the act of investigation itself may serve to reveal your identity." And "When anonymous concerns are raised they will be treated as credible and investigated so far as is possible."

4. Does your whistleblowing policy include a non-recrimination or non-retaliation provision, protecting whistleblowers from detriment or reprisal as a result of raising a concern? If so, please provide a copy of the relevant section of the policy addressing this.

Yes, the Policy includes explicit reference to individuals raising a concern covered by the Policy being afforded protection. The Policy has a specific section entitled "Protection" which states: "If your concern could be considered a 'qualifying disclosure' and you believe that you have been subject to detriment in consequence of making that disclosure or raising your concern, you should notify either the Nominated Officer or your People Advice and Wellbeing Officer."

The Policy also states: "If you believe that you have been subject to unacceptable treatment because you raised a concern under this Policy, you should inform your line manager or someone else in your line management chain, or seek advice from the Nominated Officer in order that this can be investigated." and "Investigation of any alleged detriment or unacceptable treatment may lead to disciplinary action."

5. Has your internal whistleblowing policy been subject to any external review, audit, or assessment (by an external body, auditor, regulator, or independent consultant) within the last five years? If so, please provide:

a the name of the body/organisation that conducted the review;

b. the date of the review; and

c. a copy of any resulting report or summary of findings, subject to any applicable exemptions.

The Policy has not been subject to any external review, audit or assessment within the last five years.

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