糖心Vlog

Whistleblowers report malpractice and fraud in sector

Hefce reveals information from 21 complaints concerning institutions

Published on
July 31, 2014
Last updated
June 10, 2015

Claims of fraud at University of the Arts London are among recent whistleblowing allegations received by England鈥檚 funding council.

Other allegations concerning English universities and colleges include claims about 鈥渦nfair recruitment practices鈥, 鈥渁cademic research quality鈥, 鈥渇inancial malpractice鈥 and the 鈥渃ompetency鈥 of a governing body.

Using the Freedom of Information Act, 糖心Vlog obtained information on whistleblowing approaches that were received by the 糖心Vlog Funding Council for England between October 2011 and March 2014. In total there were 21 cases.

In only three of the cases did Hefce require or advise the universities involved to take any action. In 10 cases, Hefce decided that the complaint was 鈥渦nsubstantiated鈥 or found that there was no evidence to back it up. In nine cases, some of them overlapping with the 鈥渦nsubstantiated鈥 claims, Hefce referred the complainants to other regulators or to the institutions involved as the matter did not fall under its powers.

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One of the most serious allegations related to a case at University of the Arts London. The complaint was copied by the anonymous complainant to the Serious Fraud Office and the National Audit Office.

Hefce鈥檚 summary of the case states that it was an 鈥渁llegation of fraud鈥 and adds: 鈥淯niversity investigated the allegations and is now taking legal action against the [alleged] perpetrators.

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鈥淟essons learned exercise to be undertaken and improvements to be made to financial controls in this area of activity.鈥

THE asked University of the Arts London for further details of the case, but a university spokeswoman said: 鈥淲e can confirm that legal action arising out of this investigation is still ongoing. It would therefore be inappropriate to comment.鈥

Another case where Hefce acted followed an 鈥渁llegation regarding unfair recruitment practices鈥 at a university. Hefce undertook 鈥渋nitial discussions to understand the institution鈥檚 view鈥 and the institution 鈥渨ill be making improvements to the transparency of their recruitment鈥.

The Public Interest Disclosure Act 1998, which amended the Employment Rights Act 1996, established a degree of legal protection for whistleblowers, meaning that they would win an employment tribunal claim for unfair dismissal if they were sacked for blowing the whistle.

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Of the 21 complaints received by Hefce, 10 complainants used the funding council鈥檚 public interest disclosure form to formally log their allegation as such.

A Hefce spokesman said: 鈥淚nstitutions are independent bodies, and we do not interfere unnecessarily in their operations.鈥

But he added that Hefce鈥檚 relationship with institutions is also 鈥済overned by the financial memorandum鈥, which 鈥渓ays down requirements for the governance and management of institutions鈥, as well as by the Charities Act.

鈥淲here allegations are received that these requirements are not being met, we must satisfy ourselves that the matter has been investigated, appropriate action taken and relevant people informed,鈥 the spokesman said.

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In a feature this week, THE looks at the experiences of some prominent whistleblowers and examines the legal protections for people who make public interest disclosures.

john.morgan@tsleducation.com

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