Complaints  and Whistle-Blowing Procedures

Derbyshire Cricket Foundation

Complaints  and Whistle-Blowing Procedures

Background

The Derbyshire Cricket Foundation (DCF) is committed to providing a safe, positive, and enjoyable environment for all those we work with, and everyone participating in our programmes. We recognise, however, that sometimes people we work with may have concerns they wish to raise. When this happens, it is important that there is a clear procedure in place which enables any concerns to be raised and resolved in a timely manner.

Purpose

This procedure is intended to help resolve problems and provide a means by which issues of concern can be raised and subsequently addressed. We would hope that effective two-way communication between DCF Staff/Coaches and those we work with would enable most questions and concerns to be addressed informally prior to any complaint being registered.  All complainants will be treated respectfully during and after the course of any complaints investigation, and will receive a written response to any formal complaint.

This procedure will be applied in conjunction with other established policies and procedures in cricket. The ECB “Safe Hands” policy provides guidance on safeguarding children, young people, and vulnerable adults in cricket, and guidance on the application of Safe Hands within Derbyshire is provided on the DCF website. All DCF Coaches and Staff are required to comply with the Safe Hands Policy and also with the ECB Coaches Code of Conduct.  In the event that anybody wishes to raise a concern about a safeguarding matter they should consult these policies, and raise the matter with a DCF staff member/coach in the first instance. If they would prefer not to raise the issue with the DCF staff member/coach, they should contact the County Safeguarding Officer for further guidance via the contact details provided on the DCF website at: https://dcfcricket.com/dcf-policies/safeguarding/

The DCF also has established procedures for reporting discrimination. Discrimination of any kind is unacceptable, and the DCF is committed to taking all allegations of discrimination very seriously. If you experience or witness discrimination of any type at any level of cricket in Derbyshire or during any DCF course or programme, you should report it via our website at: https://dcfcricket.com/a-game-for-everyone/reporting-discrimination/

For any complaints that do not relate to safeguarding or allegations of discrimination, the procedure outlined below should be followed.

Expressing concerns (Stage 1)

There are inevitably issues that sometimes arise which, if dealt with promptly and in a considerate manner, can be resolved informally and will avoid the need for a formal complaint. Any problem or concern should be raised promptly with a DCF staff member/Coach or Team manager (for those in the Performance Pathway), in the first instance.  If you do not feel able to discuss the matter with the DCF staff member/coach/team manager in the first instance, you should discuss it with Richard Wood (Head of DCF), who have their current contact details listed on the DCF website: https://dcfcricket.com/contact-us/

Formal Complaints

Formal procedures will be invoked if initial attempts to resolve the issue are unsuccessful and the person raising the matter remains dissatisfied and wishes to take the matter further. Details of a complaint will be kept confidential except in so far as they need to be shared with people who might contribute to their resolution, including those who may be the subject of any allegations.

It is the choice of the complainant whether to initiate a formal complaint. It should be noted that some outcomes of a complaint might lead to action being initiated under other formal procedures, such as the ECB Safe Hands policy.

It is not a requirement that a formal complaint is made in writing, but providing as much information as possible will help inform an appropriate response and course of action. The DCF must have a clear understanding of what the complaint is about and may therefore request detailed clarification before investigating.

Stage 2 (Head of DCF)

At this stage, the Head of DCF will investigate your concern, as well as attempting to resolve the matter to the satisfaction of all concerned.  If the complaint is about the Head of DCF, it will be considered by the Chair of the DCF Board of Trustees at this juncture.

Where concerns cannot be resolved by the Head of DCF (or the Chair if applicable), then you will be advised that details of your continuing concern will be then referred to the DCF Trustees Complaints Committee (The “Panel”)

Stage 3 (Board of Trustees’ Complaints Panel)

If a complaint has been referred to a Trustees Complaints Committee, the Panel will meet to consider the complaint.

The panel will elect its own chair. A minimum of three Trustees is required to make a quorum.

The complainant will be given the opportunity to attend the meeting to make representations in person. The panel will therefore meet at a time convenient to all parties.  If the complainant decides not to attend the meeting, it may be held in his/her absence, and the complaint may be considered on the information available.

Outline procedure:

• At the meeting, the complainant will be invited to explain the complaint.
• The Panel members and the Head of DCF may ask questions of the complainant.
• The Head of DCF will be asked to explain the Board’s actions in response to the complaint.
• The complainant and panel may ask questions of the Head of DCF.
• The Panel Chair will explain that both parties will hear from the panel in writing within a set time-scale.
• Both parties will leave while the Panel decides on the issues and reach a conclusion.

Outcomes of Investigations

A response will be given outlining the outcome of the investigation and detailing how the conclusion has been reached.

The panel may reach the following conclusions:

• Dismiss the complaint in whole or in part
• Uphold the complaint in whole or in part
• Decide on the appropriate action to be taken to resolve the complaint
• Recommend changes to the DCF’s systems and procedures to ensure that problems of a similar nature do not recur.

The aim of the investigation will always be to resolve the complaint and achieve reconciliation between the complainant and the DCF.

Nevertheless, it is acknowledged that sometimes the complainant may not be satisfied with the outcome if matters are not found in his/her favour. 

Please note that in the event that the matter couldn’t be resolved by the internal appeal stage the case may be referred on to an independent representative of the ECB or another independent body, if appropriate. 

Whistleblowing/Public Interest Disclosure

The DCF constantly strives to safeguard and act in the interest of the public and its staff. It is important to us therefore that any malpractice or wrongdoing, by employees or other agents, is reported and properly addressed. The DCF staff handbook includes a Public Interest Disclosure or “Whistleblowing” policy for employees and contractors.

If anybody else has grounds to believe that the DCF is party to any malpractice or wrongdoing that could represent a legal or regulatory breach, it is important that they have an avenue for raising it. This is often referred to as “whistleblowing” – where an individual “blows the whistle” on wrongdoing they have observed, either in the past or that is currently happening.  To be classed as whistleblowing, the wrongdoing must be considered to be in the public interest. Individual complaints or grievances should be dealt with through the Complaints procedure or the relevant procedures relating to Safeguarding or Anti-Discrimination, and should not form the basis of whistleblowing unless the particular circumstances are in the wider public interest.

Complaints that count as whistleblowing

Complaints that could be deemed in the public interest and reported via our Whistleblowing policy include:

• a criminal offence, e.g. fraud
• a failure to comply with any legal obligations
• a danger to the health and safety of any individual
• risk or actual damage to the environment
• a miscarriage of justice
• any attempt to conceal information on any of the above

Any concerns of this nature should be reported to the Head of the DCF in the first instance (contact details provided). If, for any reason, the complainant feels unable to report the matter to the Head of the DCF, they should report it to the Chair of the DCF at Chair@dcfcricket.com. If you raise any concerns under this policy, you are protected by law, and the DCF is committed to ensuring that you are protected from victimisation, harassment or less favourable treatment.

Any Whistleblowing complaint received will be investigated promptly and confidentially, and an appropriate investigation will be commissioned by either the Head of the DCF or the Chair of the DCF. Following conclusion of the investigation, the whistle-blower will be advised of any action being taken by the DCF in response to the complaint.

If having followed this procedure, the whistle-blower is not satisfied with the action taken, they may raise the matter confidentially with the Police or a relevant prescribed regulator. The relevant prescribed regulator will depend on the nature of the concern but may include the Environment Agency, HM Revenue & Customs, the Financial Conduct Authority, the Health & Safety Executive, and the Information Commissioner.

Independent advice on whistleblowing can be obtained from Protect, an independent whistleblowing charity:  https://protect-advice.org.uk

 Last updated October 2022