Report It!: Confidentiality Note
When using the Report It! tool, the NFTS will aim to keep your information confidential which means that only people dealing with your report would usually see a copy. There are, however, circumstances when we may be required to share your information with others. The purpose of this guidance is to provide more information on how we keep your information confidential and how we share it with others. If you have any questions on confidentiality and your report please contact the Registrar: Ewheal@nfts.co.uk
Anonymous reporting
If you choose to report anonymously, the report will not include information that is identifiable to you. The NFTS encourages individuals making an anonymous report not to include names or other information that could be used to identify a third party. Nevertheless, we acknowledge that there may be circumstances in which it is appropriate to make an anonymous report containing such information. Such information will be used for statistical purposes and inform prevention work. For further information, please see the Privacy Notice.
Named reporting
If you use this reporting tool to make a named report then there are certain circumstances when a copy or all of part of the report will be shared with others. For example, the entire report will be shared with the selected advisor chosen, such as a Student Support and Wellbeing Adviser.
For further information on this point, please see the Report It! Privacy Notice and ‘Duty of Care’ below.
The School’s intention is that the reports made on this tool are not routinely used in investigations and disciplinary processes. If you want your complaint to be investigated, then we ask you to follow the formal procedures for staff and students to initiate this process. When disclosure of the initial report is made to an investigator or as part of a disciplinary process then we will ordinarily notify you and you can discuss the reasons for the disclosure as well as raise any objections.
The School understands the importance of keeping your information confidential where we are able to do so. We also take a strict position in respect of retaliation against someone for raising a complaint.
Data subject access requests
Under data protection laws, individuals are able to make a data subject request (DSAR) to obtain data held by the NFTS about them. If you make a DSAR that includes a request that covers your report then you will receive a copy of your personal data in your report. If the subject of your complaint makes a DSAR and the scope of their request covers their personal data in your report then we are legally required to share this. They would not be entitled to receive details of your name although it is possible that they may be able identify you when we provide their data. An example of when this might be likely is if a specific event or incident is named in the report and the individual requesting the DSAR is able to guess your identity from this information.
Our Data Protection Officer will try to balance our aim of protecting your confidentiality with the other person’s right to receive their personal data. When your personal data is inextricably
linked with the personal data of the subject of the complaint then the NFTS will apply the rules around mixed data. These rules can be helpful in allowing the NFTS to protect your
confidentiality but they do not provide an absolute guarantee we can keep your report confidential.
In addition to being able to request the personal data in the report, both you and the subject of the complaint can request your personal data in any correspondence and documents (whether electronic or hard copy) created following your initial report that is held by the School. The mixed data rules apply in the same way to any correspondence or other document created following your initial report.
Meeting with a Student Support and Wellbeing Adviser/HR Manager
Our teams are trained in providing initial advice to you on the various support options available, with a focus on informal resolution. If you want to take a matter further, you will be provided with advice on formal procedures.
In the event the matter proceeds to a disciplinary hearing then it is possible that your meeting may be disclosed to the disciplinary panel, the staff member supporting the process, the subject of the complaint and their adviser or representative.
Duty of Care: Escalation circumstances
When you have made a report, even if you decide not to take it any further, there are certain circumstances when the School may need to investigate or share the report with third parties even if you do not consent. This is usually because there are concerns for your safety or another person’s safety. This could include:
- An allegation about behaviour by a staff member or student towards a person
who is under the age of 18
The School may need to report the matter to the police and/or social services where a child is in immediate danger or is at risk of harm, a crime is in progress or there is evidence of a possible criminal offence, or life is at risk. The child’s parents may also be informed. The School may also need to investigate the matter further taking into account the seriousness of the incident or where multiple allegations have been made against an individual.
- An allegation about behaviour by a staff member or student towards an adult at
risk
The School may need to refer the matter to the police and/or social services if an adult at risk is in immediate danger or is at risk of harm, a crime is in progress, has occurred or may occur or life is at risk. The School may need to investigate the matter further taking into account the seriousness of the incident or where multiple allegations have been made against an individual.
- An allegation about behaviour by a staff member or student towards another
staff member or student over the age of 18
The School may need to refer the matter to the police where a crime has occurred or may occur, or life is at risk, or if there is a risk to the safety or wellbeing of the complainant. On a case by case basis, the School may report the name of the subject
of the complaint to the police for example, where an allegation of serious sexual assault has been made. The School may also investigate the matter further taking into
account the seriousness of the incident or where multiple allegations have been made against an individual.
Investigation
If you make a named report, you will ordinarily have control over whether or not the matter is investigated by the School. There are certain limited circumstances when we would investigate even if you do not want us to (see ‘Duty of Care’ above).
If you want your complaint to be investigated then you will be asked to provide a more detailed written account of your complaint. It is this account that would be given to an investigator and may be included in the bundle of documents for any subsequent disciplinary hearing.
Disciplinary or other formal hearing
If an investigation takes place, one of the possible outcomes is that the matter is referred to a disciplinary hearing. A copy of the initial report made on this tool will not routinely be included in the disciplinary hearing bundle, to the disciplinary panel, to the subject of the complaint or to his or her advisors. This is because you will have been asked to provide a more detailed complaint in writing. There may be limited occasions when the original report you have made in this reporting tool is disclosed as part of a disciplinary process. An example might be if the subject of the complaint or their advisers has managed to obtain part of your initial report (e.g. through a DSAR) and has identified information in the initial report that is inconsistent or otherwise conflicts with what you have included in your formal report.
Litigation
The NFTS tries to resolve complaints internally using its own processes such as the staff disciplinary process. Sometimes individuals are unhappy with the internal process or its outcome. An example is if the subject of your complaint is disciplined or dismissed and considers that the process followed was unfair. Some individuals consider that the appropriate next step is to bring legal action against the School and on rare occasions, certain claims can be brought against employees personally. Individuals who make a complaint against another person in good faith are protected against retaliation and the School takes retaliation very seriously.
If a claim is brought against the School or (on rare occasions) against any of its employees then there are specific rules the School has to follow concerning the documents it needs to provide to the individual who has started the litigation. This process of providing documents is called disclosure. A copy of the initial report you have made may be disclosed to the person bringing the claim, also referred to as the claimant.
The School aims to protect your confidentiality when making a report using this tool. A copy of the report you make will not ordinarily be used in any formal investigation or disciplinary process but as outlined above there are instances when all or part of the report may be shared with others. If you have any questions about confidentiality please contact the Registrar: EWheal@NFTS.co.uk
