Complaints Policy
and Procedure

Last updated: June 12, 2019

Whyy? Change Complaints Policy

Policy Statement

1.1Whyy? Change is committed to providing a high quality, educational experience and aims to provide a supportive environment, responsive to any concerns raised by Learners, Centre Staff, Awarding Organisational Staff and other identified stakeholders. Any of the stakeholder groups above should feel able to make a complaint relating to the action or lack of action, or about the standard of a service or facility provided to Learners at Whyy? Change.

Scope of the Policy

2.1

This policy applies to (“Stakeholders”):

  • All Learners and their employers
  • All Whyy? Change delivery staff
  • Awarding Organisation Staff
  • All staff and partners carrying out delivery on behalf of Whyy? Change or related to Whyy? Change
2.2Whyy? Change has established a number of ways of ensuring that Learners have the opportunity to take part in decision making processes. It is hoped that Learners will take full advantage of these and think about addressing concerns and suggestions to a relevant Staff Member as they arise.

3 Purpose of the Policy

Whyy? Change ensures that all complaints are dealt with via:

3.1

Accessible and Supportive Service

  • Accessible, clear, timely process
  • Fair to all parties concerned
  • Supportive of informal resolution at any point
  • To ensure the sensitive handling of complaints
  • Confidentiality of Learners and Staff
3.2

Accessible and Supportive Service

No stakeholder bringing a complaint under this procedure, whether successfully or otherwise, will be disadvantaged. Should evidence to the contrary be found, the matter will be fully investigated and, if necessary, disciplinary action may be taken.

It is expected, except in exceptional circumstances, that a stakeholder wishing to make a complaint will start informal procedures within one calendar month of the event which is the cause of the complaint

4 Complaints Procedure

4.1There are three parts to the internal procedure: two stages to attempt informal, local resolution and a third stage to attempt a formal resolution which operates according to guidelines. Full details of this latter procedure can be found in the Whyy? Change Complaints Procedure.

5 Outcome of the Complaints Procedure

5.1If your complaint is upheld you will be informed how and when any resolution or redress will be implemented. If the complaint is not upheld, then you can expect to receive clear reasons why this decision has been reached and advice on further action available to you including a review of the process of the complaint by the awarding body where appropriate.
5.2A report on each case will be used to assist in monitoring the effectiveness of the Complaints Procedure and to identify any quality assurance issues. The Complaints Procedure is one of the ways in which Whyy? Change can monitor its performance and ensure that the quality of its provision is enhanced and the student experience improved. This will be achieved through quarterly governance reviews and an audit trail to ensure that recommendations are followed up on.

6 External Review

6.1If you are dissatisfied with the outcome you may be able to apply for a review of your complaint by the awarding organisation.

7 Protocols

7.1Reviewing an Assessment Decision
The Complaints Procedure should not be used to request a review of an assessment decision made by Assessors or Tutors. Stakeholders who feel they have suitable grounds should use the Appeals Procedure (please note that the outcome of an appeal cannot be made the subject of a complaint).
7.2Anonymous Complaints
Such complaints will only be considered in very exceptional circumstances as it is necessary to investigate to enable a resolution.
7.3Group Complaints
If a group of Stakeholders is submitting a complaint
it may be appropriate for the group to appoint one individual from the
group to act as representative and liaise with Whyy? Change.
7.4Complaints by Former Learners
Such complaints will be considered providing they relate to issues which arise whilst they were Learners with Whyy? Change, and provided that the complaints procedure is initiated within 1 months of programme completion. A response to issues raised outside of this timescale is at the discretion of Whyy? Change.
7.5Access to Information
Complainants will be entitled to request access to personal data, only if the request meets the principles of General Data Protection Regulation (GDPR) 2018 legislation.

Whyy? Change Complaints Procedure

Notes for Complainants

Introduction

Whyy? Change is committed to providing a high quality, educational experience and aims to provide a supportive environment, responsive to any concerns raised by Stakeholders. Stakeholders should feel able to make a complaint relating to the action, or lack of action, or about the standard of a service or facility provided to Learners at Whyy? Change. The procedures are intended to ensure that all complaints are treated fairly and consistently and, wherever possible, to resolve the matter to the complainant’s satisfaction.

The Complaints Policy and Procedure is emailed to all learners and their employers as part of the Apprentice Onboarding Procedure.

The attached hyperlink will take you directly to the complaints policy and procedure.
https://whyychange.com/wp-content/uploads/2019/10/Whyy-Change-Complaints-Policy-and-Procedure-v0.1.pdf

Definition

A complaint is an expression of concern or dissatisfaction with any aspects of Whyy? Change’s delivery which requires a response. Complaints concerning assessment and certification should be dealt with through the appeals procedures and those set up by awarding/validating organisations. For details of these please see the Enquiry and Appeals Procedure.

The Whyy? Change internal complaints procedure has three stages:

  • Stage 1 (informal) – resolving a concern through informal discussion with the Tutor concerned
  • Stage 2 (informal) – resolving a concern through informal discussion with the relevant Programme Director
  • Stage 3 (formal) – resolving a concern through the formal complaints procedure, of which there are three possible stages

Informal Stage

Stage 1
Many concerns are straightforward and can be resolved quickly with the Staff directly involved without the need to complete and submit a complaint form. We do recommend completing a Learner Complaints Form as this provides a full audit trail if the complaint needs to be progressed and allows us to keep a written record of Learner complaints to take into account during reviews of programme delivery.

Therefore, in the first instance, having considered the responsibilities of both Stakeholders and Whyy? Change, any concerns/issues should be discussed, informally, with the person concerned or another Staff Member. For example, if your complaint concerns teaching/tutorial matters, you may wish to talk to your Tutor or other members of delivery staff.

If your complaint is about a service, then you should talk to an appropriate member of staff from that service. If you are not sure who to speak to, or you do not feel able to approach the person most directly involved, you can seek advice regarding this from the Programme Manager.

Stage 2
If you do not feel able to approach the person most directly involved or have approached them, but no satisfactory resolution has been reached, Stakeholders may proceed to submit a complaint with the relevant Programme Director.

If a satisfactory resolution is not found informally, students are entitled to proceed to Whyy? Change’s formal complaints procedure.

Formal Stage

Stage 3
You should fully complete a Stakeholder Complaints Form, copies of which can be obtained from any Staff Member or the Programme Manager. You can ask a member of staff for help to complete the form or ask another individual to submit a complaint on your behalf, but we would require written agreement from you.

In addition to personal details (Section A) and other information on the form, you will need to provide:

  • Section B: details of the complaint
  • Section B: any supporting evidence (ie copies of emails, notes of meetings, references to procedures, handbooks etc).
  • Section C: an explanation of the steps you have already taken to try to resolve the complaint informally and why the responses you have received are not satisfactory
  • Section D: where applicable, the outcome you would like from your complaint

It is important to keep a copy of the completed form and other documentation submitted for your own records. Completed complaint forms should be submitted to the Programme Officer, either in person or via email to complaints@whyychange.com.

Within 3 working days of receipt of your complaint form, you will receive an acknowledgement. Your complaint will be considered to determine that the complaints procedure is appropriate and if so, it will be referred to a senior member of staff (usually the Programme Director) who will follow up on your complaint. The Quality Manager will ensure that necessary action is taken and will monitor it through to completion.

We aim to complete the enquiry and reach a conclusion within 20 working days of receipt of your complaint form. If this is not possible you will be informed of the progress being made. Complaints identified as requiring particularly speedy resolution will receive special attention.

You may be invited to attend a meeting to consider your complaint. You may bring a friend or representative to support and/or for assistance.

Complaints raised will remain confidential to those directly involved in the investigation (which includes any Staff Members concerned). All Staff and Stakeholders who become aware of any of the issues involved in a formal complaint are required to keep this information confidential (except as is necessary to progress, investigate or respond to the complaint). Failure to do so may constitute misconduct and result in formal disciplinary action being taken.

However, there may be occasions when it is not possible to maintain confidentiality, for example if another person is at risk. In such cases the situation will be explained to the complainant and/or the representative. If the Learner is below 18 years of age, Whyy? Change may be obliged to inform the parent/carer unless we have received written notification from the Stakeholders that they do not wish for the parent/carer to be notified.

If your complaint is upheld, you will be informed how and when any resolution or redress will be implemented.

If the complaint is not upheld, you can expect to receive clear reasons why this decision has been reached and advice on further action available to you.

Feedback

As part of our Quality Assurance process, at the end of any complaints procedure, you will be invited to complete a short evaluation of the process.

Monitoring and Review

The complaints procedure is one of the ways in which Whyy? Change can monitor its performance and ensure that the quality of its provision is enhanced and the Stakeholder experience improved. This will be achieved through quarterly reporting to the Executive Directors and the Governing Body who will monitor the handling of complaints and subsequent improvements through its annual report. Whyy? Change will review the complaints procedure annually and Stakeholders will be able to contribute to this review through informal feedback, written feedback, and the complaints procedure evaluation.

Stage 4 (Complaints to Awarding Organisation)

If you are not satisfied with the outcome of the internal complaints procedure, you can refer to the relevant awarding organisation body.

The awarding organisation(s) are committed to offering a quality and customer orientated service, and feedback from Centres and Stakeholders on any issue will be most welcome. Where the awarding organisation(s) receives a complaint, it is important that this is dealt with promptly and in line with their procedures.

Procedure for complaints may involve the following actions:

  1. Complaint received
  2. Acknowledged
  3. Complaint reviewed
  4. Response made
  5. Notifying the regulators (where necessary)
  6. Record the complaint

Complaint Received

If you have a complaint about any awarding organisation, please put the complaint in writing and send it by email to the address supplied by the centre. Please give as much information as possible about your complaint, to enable an investigate and review it.

Acknowledged

The awarding organisation will acknowledge receipt of the compliant in-line with their internal policies.

Complaint Reviewed

The awarding organisation will review the information presented and decide whether it is appropriate to either:

  • Bring the matter to the attention of the Programme Director, asking them to investigate the complaint and to produce a written report on the outcome, or;
  • Investigate the complaint directly; this investigation will be carried out by the Quality Manager/Auditor/Head of Awarding Organisation.
  • Consider whether the regulators should be notified of the matter.

Response Made

The awarding organisation will respond to the complainant by email or post as per their internal policy and will take the appropriate, preventative and/or corrective action required.

Notifying the Regulators

In cases where there could be an adverse effect (e.g. cases with alleged fraud or serious threat to the integrity of qualifications or as an organisation) Awarding organisations are required to escalate the matter immediately to the appropriate regulatory bodies and required to co-operate in full, providing information and taking the appropriate action.

Investigation

Following a review of the complaint, it may be appropriate to investigate the matter in more detail. Staff will do this following the internal Investigation Procedure.

Complainants will be informed as to the appropriate action taken/or to be taken and will be informed as to when they can expect a response regarding the outcome.

Safeguarding and Prevent Duty Policy

Last updated: June 18, 2020

Whyy? Change Safeguarding Policy

Safeguarding Policy Statement

Whyy? Change is committed to safeguard and promote the welfare of young people and vulnerable adults. The staff recognise that a safe and trustworthy environment combined with clear lines of communication and decisive action ensures the best outcomes for all learners. Whyy? Change expects all staff, volunteers and partners to endorse and practice this commitment at all times.

Definition of safeguarding

Safeguarding adults refers to the multi-agency procedures for protecting adults at risk from abuse or neglect.

For learners or staff under 18, Safeguarding Children acts by:

  • Protecting children from maltreatment;
  • Preventing impairment of children’s health or development;
  • Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care;
  • Taking action to enable all children to have the best outcomes.

Definition of Young People and Vulnerable Adults

  • A child is defined as under the age of 18 years; for the purpose of this policy, in the context of a post 16 environment, children are referred to as young people
  • Vulnerable Adult is defined as someone 18 years of age or over who is or may be unable to protect him or herself against significant harm or exploitation.

Scope of the Policy

This policy applies to:

  • All learners;
  • All Whyy? Change related activity;
  • All staff and partners carrying out activity on behalf of Whyy? Change

Aim of the Safeguarding Policy

Whyy? Change ensures all learners are safeguarded by:

  • Robust staff recruitment;
  • Policies and procedures that support safeguarding;
  • Close working relationships with partners who share a common purpose with regard to safeguarding, initial concerns would be reported to Safeguarding Adults Access Team at Sheffield City Council;
  • Staff awareness – how to promote welfare and safety of young people and vulnerable adults;
  • Implementation of the Prevent Duty and understanding of how to report concerns;
  • the promotion of Fundamental British Values: “democracy, the rule of law, individual liberty and mutual respect and tolerance for those with different faiths and beliefs’’

Behaviour in classrooms, workshops and workplaces

Effective learning and work take place in the workplace or workshops where there is tolerance and mutual respect for different faiths and beliefs as well as respect for people with protected characteristics as set out in the Equality Act.

Learners in the workplace should also be aware of the need to ensure that no-one in protected groups is discriminated against. Those employers who allow discrimination to take place have been prosecuted using the Equality duty.

By maintaining high standards of behaviour including mutual respect and tolerance for different faiths and beliefs and encouraging learners to respect the protected characteristics, our tutors will be promoting British values.

Challenging extremism

The Prevent Duty is not intended to stop apprentices debating controversial ideas

If a learner makes comments which could be regarded as extremist staff should encourage the apprentices to consider:

  • what they have said
  • where the views they are expressing came from
  • whether the evidence they have is accurate and full
  • whether they have received a partial or incorrect interpretation of evidence
  • alternative interpretations and views
  • whether they need to make a referral to the Safeguarding

Staff should use opportunities to challenge extremist narratives through discussion with student or apprentices. If staff do not feel confident in challenging extremist ideas with their apprentices, they should ask for support.

Protection and Support

Whyy? Change will identify young people and adults who are suffering or likely to suffer significant harm, including those at risk of radicalisation. Whyy? Change will ensure all staff understand their role in identifying those at risk.

Where a young person or vulnerable adult is suffering significant harm, immediate action will be taken in accordance with The Care Act 2014;

The Children Act 1989/2004

Action will also be taken to promote the welfare of students where it is recognised that additional support is needed and other agencies require involvement, even if the student is not at immediate risk of harm.

Allegations of abuse against members of staff

Whyy? Change will act in accordance with the DfE guidelines ‘Dealing with allegations of abuse against Tutors and other Staff, 2011, published March 2012. DfE Dealing with allegations of abuse against tutors and other staff.

Every member of staff at Whyy? Change is required to safeguard young and vulnerable people, reporting any suspected abuse. If a member of staff has any concerns about how a learner is being treated by staff, they must raise this directly with the Lead Safeguarding Officer or Human Resources.

No matter how hard this may seem, it is staff’s responsibility to keep learners safe.

Responsibility for Safeguarding

The leadership complies with the law, as well as ensuring that effective policies, procedures and training are in place to safeguard the needs of learners.

All staff actively promote a culture of mutual respect and tolerance and are vigilant for signs of abuse and radicalisation.

The designated Lead Safeguarding Officer, broad areas of responsibility are:

  • Ensure the Prevent Duty is adhered to by all staff;
  • Ensure annual Prevent and Safeguarding training is completed by all staff;
  • To update and communicate Safeguarding Policy and Procedures;
  • Ensure policies are known and used appropriately;
  • Monitoring effectiveness of the policies and actions taken, reporting annually to the CEO
  • Referral to police where a crime has been committed;
  • Ensure training and development for safeguarding complies with the statutory guidance; DfE Keeping Children Safe in Education July 2015
  • Ensure the Vulnerable Young Persons and At Risk Policy and the Criminal Convictions Policy are effective in protecting young people;
  • Inform the designated CEO of issues/police involvement;
  • Act as a source of support, advice and expertise to staff on matters of safeguarding.
  • Risk assess the disclosure of criminal convictions, in accordance with the Criminal Convictions Policy;
  • Advise local leadership team of safeguarding issues;

The designated local Safeguarding Officer

Staff are identified to support individuals who may be at risk of harm and to promote the welfare of individual students. These staff will act as first point of call for students or parents/carers; for bullying and other issues related to safeguarding, for example: mental health, abuse, modern slavery, neglect.

Local safeguarding staff will receive regular training on safeguarding and the Prevent duty and maintain strong links with external and internal supportive organisations. They will refer to designated Senior Safeguarding Officers for all cases where significant harm has been disclosed and/or where the potential for significant harm is likely to escalate.

All staff

Safeguarding is ‘Everyone’s Responsibility’ – All staff are provided with training at induction and receive regular updates.

Roles and Responsibility for Safeguarding

Whyy? Change adopts recruitment, selection and pre-employment vetting procedures in line with legislation and best practice available.

All employees require an enhanced criminal records check through the Disclosure and Barring Service (DBS). Anyone appointed to carry out teaching work requires an additional check, the barred list check, to ensure they are not prohibited from teaching. This adds checks of the DBS Children’s Barred List to the enhanced check. More information is available on the DBS Website and in DfE.

Staff Training

All new employees are required to complete a free on-line safeguarding awareness course and Prevent e-learning course (www.elearning.prevent.homeoffice.gov uk)

Staff with designated safeguarding responsibility are required to update their training annually.

Types of abuse

  • Physical abuse – deliberate or accidental acts that result in injury to the adult;
  • Sexual abuse – involvement of an adult (at risk) in any sexual activity that they do not want to be involved in or are unable to give consent to;
  • Psychological abuse – deliberate or unintentional actions or lack of action which cause emotional harm or distress to the adult (at risk);
  • Financial abuse- having money stolen or purposely withheld, being defrauded, put under pressure in relation to money or property;
  • Neglects and acts of Omission – the intentional or unintentional neglect of a person’s physical or emotional needs with the result that is causes the person harm or distress;
  • Discriminatory abuse – treating someone unfairly because something about them is different, it may be linked to race, gender, sexual orientation or disability.
  • Hate crime – any incident motivated by the hostility or prejudice of the perpetrator, based upon one or more identifying factors which may be real or perceived.
  • Self-neglect – an unwillingness or inability to care for oneself and/or one’s environment. It includes hoarding and neglecting self-care and hygiene.
  • Female Genital Mutilation (FGM) – collective term for procedures which include partial or total removal of the external female genital organs for non-medical or therapeutic reasons;
  • Domestic Abuse – any incident of controlling, coercive, threatening behaviour, violence or abuse between those who are, or have been, intimate partners or family members.
  • Modern Slavery – act of recruiting, harbouring, transporting, providing or obtaining a person for compelled labour or commercial sex acts through us of force, fraud or coercion.
  • Honour based violence (HBV) – form of domestic abuse which is perpetrated in the name of so called ‘honour’ or bringing shame on their family.
  • Forced Marriage – which one or both the parties is married without their consent or against their will;
  • Exploitation – the unfair treatment of someone, or use of a situation in a way that is wrong, in order to get some benefit for yourself;
  • Mate Crime – term is generally understood to refer to the befriending of people, who are perceived to be vulnerable, for the purposes of taking advantage of, exploiting and/or abusing them;
  • Internet abuse / Cyber Bullying – use of information technology to intimidate and bully;
  • Radicalisation – a process by which an individual or group comes to adopt increasingly extreme political, social, or religious ideals and aspirations that reject or undermine the status quo or undermine contemporary ideas and expressions of freedom of choice.

Reporting a concern

If any member of staff is made aware of an incident of abuse or alleged source of harm, this should be documented on Safeguarding Report and passed to the Designated Lead Safeguarding Officer to be reviewed to ensure it meets the reporting requirements of the local Safeguarding Adult Access Team.

Where an alleged source of harm or concern doesn’t pass the required assessment process (Three Point Test), if the staff member and Designated Lead Safeguarding Officer are still concerned about the learner’s welfare, this can be reported to the Safeguarding Adult Access Team.

Three Point Test requires the adult to:

  • Has care and support at time of abuse / incident
    • Be experiencing abuse or neglect OR are at risk of abuse or neglect
    • Be unable to protect themselves due to their care and support needs

Care and Support needs are defined as adult’s needs arising from or are related to a physical or mental impairment or illness. This does include the generic groups:

  • Older person
  • An adult with physical or learning disability or a sensory impairment
  • An adult with long term health condition
  • An adult who misuses substances or alcohol to the extent that it affects their ability to manage day to day living
  • A carer providing unpaid care to a family member or friend.

Concerns should be documented on Safeguarding Report and Designated Lead Safeguarding Officer will report to Safeguarding Adult Access Team on adultaccess@sheffield.gcsx.gov.uk. Or phone on 0114 2734908.

As Whyy? Change work with learners and employers throughout the Sheffield City Region, all parties may not fall under the geographical area of Sheffield, contact details for other services within SCR to support learners and employers are:

Independent Domestic Abuse Services (IDAS) Barnsley – 03000 110 110
Sheffield – 0808 808 2241

Rotherham Rise – Domestic Abuse Helpline – 0330 2020571

Reporting online material promoting extremism and terrorism

Below is a link to the Government website where you can report material that you observe online that you feel promotes the public into extreme views or terrorism:

https://www.gov.uk/report-terrorism

You can report material such as:

  • articles, images, speeches or videos that promote terrorism or encourage violence
  • content encouraging people to commit acts of terrorism
  • websites made by terrorist or extremist organisations
  • videos of terrorist attacks

Information Sharing and Record Keeping

Information Sharing is vital to safeguard young people and vulnerable adults. There can be significant and occasionally life-threatening consequences to not sharing information.

Therefore, where there has been significant harm or there is potential for significant harm staff are required to share information.

Safeguarding staff use professional judgement regarding the potential for significant harm, keeping the needs of the individual young person paramount.

Consent to share information will be sought, however, there are occasions where information is shared without consent. For further details read the Information Sharing Protocols.

Safeguarding records (paper and electronic) are kept securely by Lead and Senior, Safeguarding Officers and, in accordance with guidelines

Monitoring and Evaluation

Safeguarding incidents, actions taken and staff training are monitored regularly.

Data Privacy Policy

Last updated: June 18, 2020

Whyy? Change Data Privacy Policy (GDPR)

Data Privacy Policy Statement

Whyy? Change is dedicated to ensuring personal information is captured, held, used, disclosed and transferred in line with EU General Data Protection Regulations (GDPR) 2018 principles.

Principles of our policy

  • Private: We will never sell, rent or trade information about you to other companies. Your data will not be supplied to anyone except as described in this privacy notice, unless we are obliged by law to disclose it.
  • Secure: In accordance with the UK Data Protection Act and the EU General Data Protection Regulation (GDPR) we follow strict security procedures in the storage and disclosure of information that you have given us to prevent unauthorised access.
  • Necessary: We won’t collect information unless it is needed for purposes we have told you about in this privacy policy, to deliver a better service or to give you useful, relevant information. Records will be kept for as long as they are needed to meet the operational needs of the business, together with statutory and regulatory obligations.

Learners, Employees and Other stakeholders

If you are a learner on a course that provides accreditation, we will receive the following information about you from legitimate sources:

  • Title (e.g. Mr./Miss/ etc)
  • First Name
  • Surname
  • Date of Birth
  • Unique learner number
  • Gender
  • Email address
  • Postal Address
  • Telephone Number
  • Start Date of Qualification
  • Expected Completion Date of Qualification
  • Expected Graduation Date
  • Your assignments

If you are successful, we may publish your name within the media in the year in which, or the year after, you achieve this status, in celebration of this achievement.

Electronic Communications

Any electronic communications (including email, text and picture messages) sent outside of the secure Whyy? Change email organisation will not include any personal data for our learners or our staff, this includes and is not limited to:

  • Address
  • Date of birth
  • National Insurance number
  • Unique Learner Number (ULN)

Failure to follow this process will lead to investigation and if a data breach occurs, this will be handled in accordance with GDPR legislation.

How long will we retain your data?

Whyy? Change will retain your data to maintain records, programme and Learner details, relating to each qualification, for a minimum period of three years and to make them available to relevant awarding bodies for the purposes of resolving any issues arising from external verification or appeals. Such records must be made available to the Regulatory Authorities upon request.

After that time, except as required for purposes connected with protecting our legitimate interests or those of third parties, or (as set out below) to enable us to attest qualifications, we will erase all data other than that needed to comply with our statutory and regulatory obligations.

Who do we share your data with?

Whyy? Change shares your personal information with the following categories of recipient;

  • Third party processors who host and process personal information on our behalf;
  • Regulators to providing your information to the Education and Skills Funding Agency in order to apply for an apprenticeship certificate.
  • Awarding Organisations regulated by OFQUAL.

How do we dispose of your information?

Whyy? Change disposes of information based on sensitivity of the information:

  • Non-sensitive information – can be placed in a normal rubbish bin
  • Confidential information – crosscut shredded
  • Highly Confidential information – crosscut shredded

Security and Safeguards

Whyy? Change systems are located inside the EEA and are managed and maintained in accordance with the UK Government’s’ Cyber Essentials standard.

We transfer personal data to third party processors outside the European Economic Area only after taking such steps as are required to ensure that Personal Data they process on our behalf receives

protection equivalent to that provided in the EEA. Where processors are located outside the EEA either they are certified as compliant with the EU-U.S. Privacy Shield Framework (where they are located in the USA) or have entered into an agreement with us containing the model clauses approved by the European Commission as providing contractual protection equivalent to that provided by the data protection regulations applicable in the EEA. To learn more about the Privacy Shield program, please visit www.privacyshield.gov.

Physical Security Whyy?

Change premises are protected by locked entry system and an intruder alarm. Visitors and temporary staff cannot gain access to the building unless authorised by approved staff member.

Laptops / mobile telephones should always be transported securely and be under supervision. Laptops should never be left unattended in a car unless there is no other option, in that circumstance, it should be locked away in the car boot, but only for as long as necessary and not left overnight.

Data Processing

A data controller is defined as:

the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data

A data processor is defined as:

a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

The Whyy? Change data controllers (Programme Director and Governance Officer) and any data processors will implement appropriate measures to ensure a level of security appropriate to the risk, including:

  • the pseudonymisation and encryption of personal data, using password-protected files/folders and encrypted cloud storage;
  • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, through use of proper Staff training, governance reviews, secure storage of and restricted access to physical or electronic documents;
  • the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, through use of cloud storage and backup;
  • a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing, through quarterly governance and policy reviews and taking a preventive approach.

Access Rights

Access to information is granted on an individual basis and is dependent on job role and if you require the information to perform your role. Access to some or all files may be removed or changed in accordance with requirements of the business or change of role within the business. All access to files and email will be immediately withdrawn upon termination of employment.

Your data protection rights

You can manage your communication preferences by sending an email to contactus@whyychange.com or unsubscribe at the bottom of any non-essential emails you may receive from us.

You have the right to update and correct the personal information we hold about you. You also have the right to request from us all personal information that we hold that relates to you, to request restriction of the processing of that data and to request that we delete that data or object to continued processing where it is excessive or no longer required for the purpose for which it was collected. Where allowed by applicable law there may be an administrative charge for supply of copies of data and we may also require you to provide us with appropriate identification before we comply with this request. You may also have the right to data portability. If you have a complaint about the way in which we use your personal information you have the right to complain to the Information Commissioner www.ico.gov.uk.

Contact us about our privacy policy

TWA Lean Consulting Limited t/a ‘Whyy? Change’ is registered on the Information Commissioner’s register of data controllers, number ZA149058

You can contact us by emailing our Data Protection Office on contactus@whyychange.com

This policy will be reviewed, at a minimum, during Quarterly Governance and Risk Strategy Reviews, and at any other opportunity deemed necessary.

Modern Slavery & Human Trafficking Policy

Last updated: June 18, 2020

Whyy? Change Modern Slavery & Human Trafficking Policy

Modern Slavery Statement

This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, seconded workers, volunteers, contractors and suppliers.

This statement is made pursuant to s.54 of the Modern Slavery Act 2015 and sets out the steps that the organisation has taken and is continuing to take to ensure that modern slavery or human trafficking is not taking place within our business or supply chain.

Modern slavery encompasses slavery, servitude, human trafficking and forced la-bour. We have a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain.

Our Commitment

Whyy? Change is a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery:

We have a zero-tolerance approach to modern slavery in our organisation.

The prevention, detection and reporting of modern slavery in any part of our organisation is the responsibility of all those working for us or on our behalf. Workers must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of this policy.

We are committed to engaging with our stakeholders and suppliers to address the risk of modern slavery in our operations and supply chain.

We take a risk-based approach to our contracting processes and keep them under review. We assess whether the circumstances warrant the inclusion of specific prohibitions against the use of modern slavery and trafficked labour in our contracts with third parties. Using our risked based approach, we will also assess the merits of writing to suppliers requiring them to comply with our Code of Conduct, which sets out the minimum standards required to combat modern slavery and trafficking.
Consistent with our risk-based approach we may require:

employment and recruitment agencies and other third parties supplying workers to our organisation to confirm their compliance with our Code of Conduct

Suppliers engaging workers through a third party to obtain that third parties’ agreement to adhere to the Code As part of our ongoing risk assessment and due diligence processes we will consider whether circumstances warrant us carrying out audits of suppliers for their compliance with our Code of Conduct.

If we find that other individuals or organisations working on our behalf have breached this policy, we will ensure that we take appropriate action. This may range from considering the possibility of breaches being remediated and whether that might represent the best outcome for those individuals impacted by the breach to terminating such relationships.

Whistleblowing Policy

Last updated: August 1, 2020

Whyy? Change Whistleblowing Policy

Policy introduction

Whyy? Change is committed to the highest standards of openness and accountability.

An important aspect of accountability and transparency is a mechanism to enable staff and other members of the Company to voice concerns in a responsible and effective manner. It is a fundamental term of every contract of employment that an employee will faithfully serve his or her employer and not disclose confidential information about the employer’s affairs. Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this information should be disclosed internally without fear of reprisal, and there should be arrangements to enable this to be done independently of line management (although in relatively minor instances the line manager would be the appropriate person to be told).

The Public Interest Disclosure Act gives legal protection to employees against being dismissed or penalised by their employers as a result of publicly disclosing certain serious concerns. The Company has endorsed the provisions set out below to ensure that no members of staff should feel at a disadvantage in raising legitimate concerns.

It should be emphasised that this policy is intended to assist individuals who believe they have discovered malpractice or impropriety. It is not designed to question financial or business decisions taken by the Company nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary or other procedures.

Scope

This policy is designed to enable employees of Whyy? Change to raise concerns internally and at a high level and to disclose information which the individual believes shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invocation of other procedures e.g. disciplinary. These concerns could include:

  • Financial malpractice or impropriety or fraud
  • Failure to comply with a legal obligation or Statutes
  • Dangers to Health & Safety or the environment
  • Criminal activity
  • Improper conduct or unethical behaviour
  • Attempts to conceal any of these

Safeguards

Confidentiality – Whyy? Change will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.

Anonymous Allegations – this policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of the Company. In exercising this discretion, the factors to be taken into account will include:

  • The seriousness of the issues raised
  • The credibility of the concern
  • The likelihood of confirming the allegation from attributable sources

Untrue Allegations – If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.

Procedures for Making a Disclosure

On receipt of a complaint of malpractice, the member of staff who receives and takes note of the complaint, must pass this information as soon as is reasonably possible, to the appropriate designated investigating officer as follows:

  • Complaints of malpractice will be investigated by the appropriate Director of Governance unless the complaint is against the Director or is in any way related to the actions of the Director. In such cases, the complaint should be passed to the Chief Executive Officer for referral.
  • In the case of a complaint, which is any way connected with but not against the Director, the Chief Executive Officer will nominate a Senior Manager or external party to act as the alternative investigating officer.
  • Complaints against the Chief Executive Officer should be passed to the Director of Governance who will nominate an appropriate external investigating officer.
  • The complainant has the right to bypass the line management structure and take their complaint direct to the Chief Executive Officer. The CEO has the right to refer the complaint back to management if he/she feels that the management without any conflict of interest can more appropriately investigate the complaint.
  • If there is evidence of criminal activity, then the investigating officer should inform the police. The Company will ensure that any internal investigation does not hinder a formal police investigation.

Timescales

Due to the varied nature of these sorts of complaints, which may involve internal / external investigators and / or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.

The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.

All responses to the complainant should be in writing and sent to their home address marked “confidential”.

Investigating Procedure

The investigating officer should follow these steps:

  • Full details and clarifications of the complaint should be obtained.
  • The investigating officer should inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a trade union or work colleague at any future interview or hearing held under the provision of these procedures. At the discretion of the investigating officer and dependant on the circumstances of the complaint an alternative representative may be allowed e.g. the individual’s legal representative.
  • The investigating officer should consider the involvement of the Police at this stage and should consult with the Chief Executive Officer if appropriate
  • The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals / bodies.
  • A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to the Chief Executive Officer.
  • The Chief Executive Officer will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Company procedures.
  • The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome.
  • If appropriate, a copy of the outcomes will be used to enable a review of Company procedures.

If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with the Chief Executive Officer.

If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, Whyy? Change recognises the lawful rights of employees and ex-employees to make disclosures to prescribed persons or body (e.g. the Health and Safety Executive). A full list of prescribed people and bodies can be found on the Government Website (www.gov.uk).

Covid-19 Return to Work Policy

Last updated: May 1, 2020

Whyy? Change – Working Safely with Covid-19

Cleanliness standards:

  • Before any staff or learners are onsite, the premises will be deep cleaned with mild bleach fluid / sterilising liquid every morning.
  • Cleaning regime will be implemented throughout the day – all handles, door plates, kitchen area, taps and toilet door handles will be cleaned with anti bacterial wipes twice per day
  • Tutors who have been delivering training onsite are expected to clean all desks and chair arms in the training area after all learners have left the site at the end of the session.

Expectations of staff and learners – conduct to meet Health & Safety requirements when onsite:

  • Adherance to Health & Safety policy applies once you enter Whyy? Change premises (Including onsite car park)
  • Do not attempt to enter the building in a group of 2 of more, follow the social distancing guidelines and keep 2 meters apart from other learners and staff members, even when you are in the car park.
  • Before entering the building, clean hands with hand sanitiser gel at the hand gel station next to the main door.
  • Please sign the visitor book on entry, take your temperature using the thermometer reader and record your temperature in the log, along with your details for contact tracing.
  • When in the communal areas of the building, ensure you maintain social distancing of 2 meters from any other person onsite.
  • When using toilet facilities, wash hands using antibacterial soap and dry hands with paper towels provided, dispose of paper towels in the bin at the side of the sink
  • Paper towels and anti bacterial soap are provided in the kitchen area for hand washing.
  • Wherever possible, please bring your own cup / mug to the centre for drinks and take them home with you at the end of your delivery session. We will provide tea, coffee, milk and sugar. Canisters, taps, kettle handle and fridge door will be cleaned throughout the day, but wipes will be provided for any adhoc cleaning in the kitchen area.
  • Hand sanitiser station is located at the bottom of the stairs to use if required.
  • When going up and downstairs, please check that no one else is on the staircase to ensure you can maintain social distancing of 2 meters from any other person onsite.
  • The door into the training centre will be left open during the day to mininise hand contact with the door plate and risk to staff and learners, additional smoke alarm is installed to mitigate risk of fire.
  • 2 further hand sanitiser stations are located in the training centre for frequent hand cleaning while you are onsite, staff and learners will be reminded to use the gel throughout the day.
  • When leaving the training centre please sign out, ensure you maintain social distancing wherever possible to minimise risk to other learners and staff (including in the car park).
  • Please use the hand sanitiser gel when leaving the premises to minimise potential risk to your family or people in your household.