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Whistleblowing: Annual report 1 April 2024 - 31 March 2025

Introduction

The Public Interest Disclosure Act 1998 gives legal protection to employees against being dismissed or penalised by their employers as a result of disclosing information which is considered to be in the public interest.

The Scottish Environment Protection Agency (SEPA) is a ‘prescribed person’ as defined under the Public Interest Disclosure (Prescribed Persons) Order Public Interest Disclosure (Prescribed Persons) Order 2014. As such, workers can contact SEPA in relation to acts or omissions which have an actual or potential impact on the environment, or the management or regulation of the environment, including those relating to flood warning systems and pollution.

As a prescribed person, SEPA has a duty to report annually on the number of qualifying disclosures made to us and a summary of the action taken in respect of these. This duty aims to increase transparency in the way that whistleblowing disclosures are dealt with and to reassure whistleblowers that their disclosures are taken seriously. This report covers the reporting period of 1 April 2024 to 31 March 2025.

Our functions, objectives and statutory powers

SEPA is Scotland’s principal environmental regulator. We have a statutory purpose ‘to protect and improve Scotland’s environment in ways that as far as possible also create health and well-being benefits and sustainable economic growth’. To successfully deliver this purpose, we have five strategic priorities: net zero; climate resilience; water environment; resource efficiency; business environmental performance. We have also set an ambitious transformation programme, recognising that Scotland’s environment is changing at pace and that as Scotland’s principal environmental regulator, Scotland’s strategic flood risk management authority, and as a public body, we need to do the same. As such, we are supporting innovation and digital transformation, driving customer experience and enhancing our data driven decision making, creating modern, accessible, and responsive public services for environmental regulation and flood risk management.

Whistleblowing disclosures help us to protect Scotland’s environment and plays a valuable role in our regulation of environmental activities. A “qualifying disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one of the following-

1. that a criminal offence has been committed, is being committed or is likely to be committed,
2. that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
3. that a miscarriage of justice has occurred, is occurring or is likely to occur,
4. that the health or safety of any individual has been, is being or is likely to be endangered,
5. that the environment has been, is being or is likely to be damaged, or
6. that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

This could include for example telling SEPA about pollution incidents, the breach of licences at waste sites or the disposal of radioactive waste.

SEPA’s whistleblowing team can be contacted by email or by phone via the SEPA Customer Hub on 0300 099 6699. Information provided is treated in confidence. Disclosures are assessed in line with our regulatory approach and any action, if any, prioritised, taking into account the nature and level of risk.

Number of disclosures

In this reporting period (1 April 2024 to 31 March 2025), SEPA received 36 disclosures which were initially identified as whistleblowing matters. Following an initial assessment, it was determined that five disclosures did not meet the standard of a qualifying disclosure and one disclosure whereby SEPA was not the prescribed person. Therefore, there were 30 disclosures within this reporting period that fell within SEPA’s remit and which were considered to be “qualifying disclosures”. This is a 30% increase from the disclosures received in 2023/24.

Further actions undertaken due to disclosures

All qualifying disclosures were assessed in line with our regulatory approach. In some instances, there were no evidence of wrongdoing when sites were visited; however for several sites (or where necessary or where deemed appropriate) ongoing monitoring will continue to be undertaken. Following investigation, action was required at a number of sites. These sites are subject to ongoing compliance monitoring and enforcement.

The impact on our work

A number of investigations resulted in action being taken that will minimise harm to the environment. In addition, SEPA has gathered useful intelligence information which will inform future regulatory action. As part of ongoing continuous improvement, work is being undertaken in raising awareness of our whistleblowing policies both externally on how to contact SEPA and internally to inform staff about how to recognise and report potential whistleblowing.