Making a complaint under the Public Interest Disclosure Act

Making complaints against the actions of the Brahma Kumari leadership within their system has proven fairly futile to date and, by reports received on this forum, can bring prejudices and punishment upon the individual BK follower doing so. The Brahma Kumari leadership has no formal or independent system to deal with such issues and few remedies apart from total submission to its leadership and for the follower to "do more meditation".

The BK systems offers no "rights" as such, nor even "membership", to either their donor-financier-followers or their surrendered servants. It would appear to operate on the whim of the local "franchisee". There does not even appear to be a "universal" set of principles leading to some individuals appearing to be treated with privileges whilst others are overlooked and exploited.

In some case, the leadership has stretch or even stepped beyond the law. One has to wonder if, having got away with exploiting either its followers or national laws, that such sanskars (habits or tendencies) have been strengthened and encourage in the faith that if it is done "remembering Baba", somehow it does not matter and will not make for bad karma.

Human rights exist in most countries to protect all human beings. Neither the Brahma Kumari leadership nor its following are exempt despite these being related to the old, impure "Kali Yuga". This extract relates to laws in the Great Britain. Similar laws exist in other countries. If your conscience guides you and you wish to protect yourself legally, please do your own research.

Making a formal complaint, even if not immediately successful, can protect others from the same treatment you have suffered and encourage the Brahma Kumari leadership to have to make reforms and act responsibly.

Making a complaint under the Public Interest Disclosure Act 1998 (PIDA) also known as 'whistleblowing'

E1. What is the effect of the Act?

This Act protects workers from detrimental treatment or victimisation from their employer if, in the public interest, they report wrong-doing. It protects most workers in the public, private and voluntary sectors, but does not apply to genuinely self-employed professionals (other than in the NHS), voluntary workers (including charity trustees and charity volunteers), police officers or the intelligence services. Someone who is employed by a charity would be able to use the provisions of this Act.

This section provides an overview of the disclosure procedures from the Act where they might apply to charity employees. If you want to make a disclosure you may wish to seek independent legal advice or seek further information from the organisations listed at section E5.

The Act protects workers in a number of ways, for example:

if an employee is dismissed because he or she has made a protected disclosure (see section E4) that will be treated as unfair dismissal;
workers are given a right not to be subjected to any 'detriment' by their employers on the ground that they have made a protected disclosure;
workers are able to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure.

Parliament aims to increase the accountability of organisations in the public, private and voluntary sectors through the introduction of protection for workers who blow the whistle on wrong-doing within or concerning an organisation, Charities (as part of the voluntary sector) are within the jurisdiction of the Act.

E2. What does this have to do with the Charity Commission?

The Charity Commission is the regulatory body responsible for ensuring that charity trustees comply with their legal obligations in exercising control and management of the administration of charities. The Commission is a 'prescribed person' under PIDA allowing it to accept disclosures from charity workers.

Workers who are aware of wrong-doing within a charity or a non-charitable body (where this involves the administration of charities or charitable funds) can disclose information to us about the administration of charities and funds given, or held, for charitable purposes so long as they raise their concerns in accordance with the PIDA provisions.

For a disclosure to be protected by PIDA (see section E4) it must relate to matters that 'qualify' for protection under that Act (see section E3). Disclosures made to the Commission about the charity will be considered as part of our complaints procedure.

E3. What is a 'qualifying' disclosure?

A qualifying disclosure is one which provides information on specific matters outlined by the Act about which the person holds a reasonable belief of its authenticity.

The disclosure must relate to:

a criminal offence;
the breach of a legal obligation;
a miscarriage of justice;
a danger to the health and safety of any individual;
damage to the environment; or
deliberate concealment of information tending to show any of the above five matters.

In order to make a qualifying disclosure the worker must reasonably believe that the information being provided tends to show that one or more of the events bulleted above is happening now, has happened in the past or is likely to happen in the future.

Certain conditions must apply to ensure the disclosure is 'protected'. These are set out in the next section.

E4. What is a 'protected' disclosure?

This is a qualifying disclosure made by the worker, subject to particular conditions, to ensure that it is protected by PIDA.

A qualifying disclosure to the Charity Commission will be a 'protected' disclosure provided the worker:

makes the disclosure in good faith;
reasonably believes that the relevant failure relates to the proper administration of charities and funds given, or held, for charitable purposes; and
reasonably believes that the information disclosed, and any allegation contained in it, are substantially true.

Workers can report directly to the Commission when they have concerns that fall within the above description. It is important to note that where a worker is victimised for making a disclosure to the Charity Commission, any claim they may have under the Act is against his or her employer and not against the Commission.

E5. Is there any other information about this Act?

Yes, information is available from the Department for Business, Enterprise and Regulatory Reform and also from the charity Public Concern at Work.

Public Concern at Work provides free confidential advice to workers who have concerns about wrong-doing in the workplace. The charity can be contacted at Suite 301, 16 Baldwins Gardens, London EC1N 7RJ or by telephone on 020 7404 6609 or by e-mail

The Department for Business, Enterprise and Regulatory Reform provides general employment advice for employers and employees in the guidance Individual Rights and Responsibilities for Employees (reference 07/1416). It can be obtained from the Department's website or can be ordered by telephone from 0845 015 0010.

E6. If I want to make a PIDA report to the Commission about a charity, who do I contact?

You can write to:

Charity Commission Direct, PO Box 1227, Liverpool, L69 3UG

You can telephone:

Charity Commission Contact Centre 0845 300 0218

You can email us at: whistleblowing@charitycommission.gsi.gov.uk

Whichever way you contact us please tell us that you wish to make a complaint under the PIDA whistleblowing regulations.

Well, it seems we can all make a complaint now. So lets do it! Internationally.

Letters of concern, to be copied end send by mail or email, written by experts (like you Ex-I) to make a good impression. (My lack of English makes it seem so foolish maybe, and I don't want that). This is serious!
I am waiting for that.

Thanks for your tremendous effort.