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SRA designated as “prescribed person” under Public Interest Disclosure Act, giving whistleblowers extra protection
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The Solicitors Regulation Authority (SRA) has been designated as a prescribed person under the Public Interest Disclosure Act 1998, which it said would mean that whistleblowers in the legal services sector making reports of wrongdoing can do so while protected from the potential risk of retaliatory action from their employer.
The Public Interest Disclosure Act protects anyone who works for or with an SRA-regulated individual or firm, where they ‘reasonably believe’ they are acting in the public interest when making a report to the regulator.
The SRA said: “This includes not just SRA-regulated individuals, but law firm employees – such as paralegals, clerks and trainees - and also agency workers. Solicitors already have a duty to report misconduct to the SRA, but this additional measure, for all who make a protected disclosure, should give non-regulated colleagues greater courage to come forward if they have concerns.”
The protection applies to the disclosure of information that relates to something happening now, which took place in the past, or is likely to happen in the future.
Aileen Armstrong, SRA Executive Director for Strategy and Innovation, said: “Serious wrongdoing and associated risks to the public, sometimes only come to light when someone speaks up, but we know that the fear of damaging one’s career can mean that people are reluctant to act.
“This designation is an important step in making sure anyone working within a law firm, not just a solicitor, feels safe and able to bring forward their concerns.”
Andrew Pepper-Parsons, Director of Policy and Communications at Protect, the independent whistleblowing charity, added: “The SRA becoming prescribed is a positive move for both whistleblowers and whistleblowing more generally. It will reassure whistleblowers in the sector that approaching the regulator with intelligence will come with enhanced protection.
“The annual reports from the SRA that come with being prescribed will add transparency and accountability to the whistleblowing function.”
Organisations designated as a ‘prescribed person’ can only offer protected disclosure to defined groups.
A full list of designated organisations, with information on the groups to which protected disclosure applies, is on the UK Government website.
Lottie Winson
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