FOI Release: Whistleblowing policy and procedure

Response

Instances of Whistleblowing

Registers of Scotland has received whistleblowing disclosures as follows:

2021-22

No whistleblowing disclosures were received for 2021-22.

2022-23

During the reporting period for 2022-23 RoS received no disclosures that proceeded to investigation under the Whistleblowing Policy. One case was raised by an individual external to RoS that related to a third-party supplier contract. The complaint was formally handed over to the supplier who undertook their own investigation. Some changes were made to the supplier’s standard operating procedures because of the complaint.

2023-24

No whistleblowing disclosures were received for 2023-24.

2024-25

No whistleblowing disclosures were received for 2024-25.

2025-26

During the reporting period for 2025-26 RoS received no disclosures that proceeded to investigation under the Whistleblowing Policy. One concern was raised by a third-party contractor as a potential whistleblowing matter. However, after thorough review, it was determined that the concern did not meet the whistleblowing criteria set out in the policy and was therefore handled in partnership with the Third-Party Supplier, under a more suitable procedure.

Policy

RoS's Whistleblowing and Raising a Concern Policy does not direct employees to raise concerns with a specific prescribed person under the Public Interest Disclosure Act 1998. The policy primarily encourages concerns to be raised through internal reporting channels, including the RoS Nominated Officer David Blair – Director for Business and Customer Development. The procedure also explains that civil servants may approach the independent Civil Service Commission directly and notes that protections under PIDA may apply. Supporting guidance refers employees to the UK Government's list of prescribed persons and bodies where appropriate. RoS does not specify particular prescribed persons within the policy.

Anonymity

The procedure allows concerns to be raised anonymously but does not guarantee anonymity in all circumstances. Per sections 7.4 and 7.5 of Registers of Scotland’s Whistleblowing and Raising A Concern Procedure:

“7.4 Employees may choose to raise concerns anonymously, i.e. without providing their name at all. If this is the case, the investigation itself may serve to reveal the source of information. Employees are therefore encouraged, where possible to put their names to concerns raised. However, raising a concern anonymously is preferred to silence about potential serious wrongdoing.

7.5 When anonymous concerns are raised, they will be treated as credible, unless they are obviously a hoax, and investigated so far as possible. Where concerns cannot be validated, human resources must be informed for future reference.”

Raising Concerns

Section 8 of the procedure includes provisions protecting individuals who raise concerns from detriment, victimisation and disciplinary repercussions where concerns are raised appropriately. Per section 8 of Registers of Scotland’s Whistleblowing and Raising A Concern Procedure,

“8.1 If an employee follows the correct procedures when raising a concern, they will not be penalised, as required by the Civil Service Code.

8.2 If a concern is raised in the reasonable belief that it is in the public interest and procedures have been followed correctly, the employee raising the concern will be protected. There are six different subject-matters of disclosure which have potential whistleblowing protection (qualifying disclosures): criminal offences; breach of any legal obligation; miscarriages of justice; danger to the health and safety of any individual; damage to the environment; and the deliberate concealing of information about any of the above.

8.3 As of 06 April 2026, if an employee makes a disclosure about incidents of sexual harassment that have occurred, are occurring, or are likely to occur they will not suffer detriment linked to raising the concern.

8.4 Where an employee has been victimised for raising a concern, RoS will take appropriate action against those responsible, in line with RoS’ disciplinary policy and procedures.”

External review

Registers of Scotland’s Whistleblowing Policy and Whistleblowing Raising A Concern Procedure have not been subject to external review within the last five years.