Bribery Prevention Policy
Introduction
Staff members at Ultrasound Baby Face are committed to providing an outstanding public service and always strive to portray the Practice as exemplary in all its dealings with patients, NHS bodies, and other external organisations.
Patients and other external organisations rightly expect that all staff at the Practice will, at all times, conduct themselves with integrity, impartiality and honesty.
Staff should always maintain the highest standards of propriety and professionalism, and must avoid leaving themselves exposed to opportunity or suspicion of improper acts or compromised situations of a financial nature, or receipt of extravagant hospitality.
Above all, staff should never put themselves in a position of conflict between their official duties and private interest.
Staff should be aware that gifts offered by patients, contractors, suppliers, service providers and others, might place an employee in a position of compromise. Even when offered, and accepted in innocence; others may misconstrue the intention behind such gifts.
Some members of staff at the Practice, necessarily in the course of their duties, spend time with other organisations, where it is normal business practice or social convention to offer gifts, hospitality or awards. Offers of this kind can place staff in a difficult position: to refuse may cause misunderstanding or offence; however to accept may give rise to questions of impropriety or conflict of interest.
In addition to the receipt of gifts or hospitality, staff members must never leave themselves in a position that they could have the opportunity of, or be suspected of, offering bribes or inducements to other individuals or organisations, for the request and / or receipt of special services, treatment or favours from individuals in other NHS or external organisations.
All staff should note that under no circumstances should they borrow money from or lend money to, any service user.
Ultrasound Baby Face will follow the principles and guidance of the Bribery Act 2011 when considering its conduct in relation to the above situations (see below for the main features of the Bribery Act 2011 which are most relevant to General Practices).
Purpose
The purpose of this policy is to guide staff members on the appropriate way to conduct themselves, and to assist senior management to implement this policy, so that neither staff members nor the Practice itself are left exposed to, or suspected of, acts of impropriety.
The Bribery Act 2011
Overview for General Practices
This new Act, which came into force on 1st July 2011, has been created to reform the law of bribery to provide for a new consolidated scheme of bribery offences.
The Practice and its staff must comply with the law in relation to this Act when offering or accepting a gift or hospitality from patients, contractors, suppliers, service providers and others.
There are a number of offences that have been created under the new Act, but for General Practices there are three that have particular relevance:
The last of the above three points presents an additional consideration – that of liability of the Practice as an organisation.
Unless a Practice has adequate procedures in place to deter acts of bribery, its senior management could also be liable to be prosecuted, as well as the individual(s) concerned.
Under the Act, a person found guilty can receive a maximum sentence of 10 years and / or an unlimited fine.
Assessing Risk
General Practices should not, under normal circumstances, be as greatly exposed to the risk of bribery as other, more commercial organisations which operate multi-nationally.
The following six principles should be used in determining what needs to be in place (if not already) at the Practice to mitigate the risk of bribery:
Policy
Receiving Gifts
Definition of a gift: A 'gift' is any item of cash or goods which is provided for personal benefit at less than its commercial value.
The recipient of unsolicited gifts of a substantial nature from patients or contractors should consult the Practice Manager on the matter (the PM should, in turn, discuss the matter with a Partner who will be the final arbiter on the advisability of accepting or refusing such gifts);
In permitting the retention of the gift, the Practice may recommend the recipient make a cash bequest to a local charity, with entry of this bequest in the central register.
Alternatively, if the individual does not wish to retain the gift, a solicitor appointed by the Practice may arrange for presentation of the gift to a local charity;
Receiving Hospitality
Definition of hospitality: ‘Hospitality’ is food, drink, entertainment or other services provided for personal benefit at less than their commercial value.
There is an acceptance that a member of staff may sometimes receive conventional hospitality. This may also include a member of staff attending, in an official capacity, a social event organised by another body for promotional or influential purpose.
In general, it may be necessary to decline offers of hospitality exceeding the norm of conventional hospitality. The following forms of hospitality, in particular, should be avoided:
If, as an exception, the Practice Manager agrees that there are circumstances that justify exceeding the normal level of hospitality, there will be a record made in the central register.
Offering Gifts or Hospitality
Occasionally, there are circumstances where the Practice may feel it appropriate to offer a gift or hospitality to an individual or external organisation.
Where this occurs, the Practice Manager and Partners must authorise this, and it should be made clear that there is no element of inducement involved, and that a reciprocal gift should not be offered by the individual or organisation, nor accepted by the Practice.
Any offer or acceptance of a gift or hospitality over-and-above what would be considered as “modest” should be recorded on the Practice’s Gifts and Hospitality Register (see below).
Gifts and Hospitality Register
In the interests of openness and integrity, the Practice Manager will maintain a central register (example on the following page) of gifts and hospitality, offered or received, as a record of instances regarded as exceptional.
The purpose of the register is to protect individual members of staff, and the Practice as an organisation, of accusations of impropriety.
The guiding principles are:
It is a disciplinary offence for a member of staff to accept any benefit as an inducement or reward that leads them in an official capacity to:
Any disciplinary action will be in accordance with the Practice’s normal disciplinary procedure.
Staff members at Ultrasound Baby Face are committed to providing an outstanding public service and always strive to portray the Practice as exemplary in all its dealings with patients, NHS bodies, and other external organisations.
Patients and other external organisations rightly expect that all staff at the Practice will, at all times, conduct themselves with integrity, impartiality and honesty.
Staff should always maintain the highest standards of propriety and professionalism, and must avoid leaving themselves exposed to opportunity or suspicion of improper acts or compromised situations of a financial nature, or receipt of extravagant hospitality.
Above all, staff should never put themselves in a position of conflict between their official duties and private interest.
Staff should be aware that gifts offered by patients, contractors, suppliers, service providers and others, might place an employee in a position of compromise. Even when offered, and accepted in innocence; others may misconstrue the intention behind such gifts.
Some members of staff at the Practice, necessarily in the course of their duties, spend time with other organisations, where it is normal business practice or social convention to offer gifts, hospitality or awards. Offers of this kind can place staff in a difficult position: to refuse may cause misunderstanding or offence; however to accept may give rise to questions of impropriety or conflict of interest.
In addition to the receipt of gifts or hospitality, staff members must never leave themselves in a position that they could have the opportunity of, or be suspected of, offering bribes or inducements to other individuals or organisations, for the request and / or receipt of special services, treatment or favours from individuals in other NHS or external organisations.
All staff should note that under no circumstances should they borrow money from or lend money to, any service user.
Ultrasound Baby Face will follow the principles and guidance of the Bribery Act 2011 when considering its conduct in relation to the above situations (see below for the main features of the Bribery Act 2011 which are most relevant to General Practices).
Purpose
The purpose of this policy is to guide staff members on the appropriate way to conduct themselves, and to assist senior management to implement this policy, so that neither staff members nor the Practice itself are left exposed to, or suspected of, acts of impropriety.
The Bribery Act 2011
Overview for General Practices
This new Act, which came into force on 1st July 2011, has been created to reform the law of bribery to provide for a new consolidated scheme of bribery offences.
The Practice and its staff must comply with the law in relation to this Act when offering or accepting a gift or hospitality from patients, contractors, suppliers, service providers and others.
There are a number of offences that have been created under the new Act, but for General Practices there are three that have particular relevance:
- Offering, promising or giving a bribe to another person – Section 1;
- Requesting or agreeing to receive or accepting a bribe – Section 2;
- Failure of a commercial organisation to prevent bribery – Section 7 (Corporate Offence).
The last of the above three points presents an additional consideration – that of liability of the Practice as an organisation.
Unless a Practice has adequate procedures in place to deter acts of bribery, its senior management could also be liable to be prosecuted, as well as the individual(s) concerned.
Under the Act, a person found guilty can receive a maximum sentence of 10 years and / or an unlimited fine.
Assessing Risk
General Practices should not, under normal circumstances, be as greatly exposed to the risk of bribery as other, more commercial organisations which operate multi-nationally.
The following six principles should be used in determining what needs to be in place (if not already) at the Practice to mitigate the risk of bribery:
- Proportionality – action taken should be relative - Practices should not have to take extensive action, considering their small size;
- Top-level commitment – senior management should be active in making sure all staff and key business associates working for or with the Practice understand that the Practice does not tolerate bribery in any form;
- Risk assessment – research the risks the Practice might face and make a list;
- Due diligence – make sure the correct checks are done on staff employed at the Practice. Ensure all business associates are correctly vetted and financially checked before the commencement of business;
- Communication – ensure all staff and business associates are aware of the Practice’s bribery policy, and the position of senior management and the Practice as an organisation in relation to this. Consider staff training / posters / leaflets in this regard;
- Monitoring and review – regularly address the Practice’s anti-bribery policy and actions to ensure they are still comprehensive and fit-for-purpose; taking into account any changes in law.
Policy
Receiving Gifts
Definition of a gift: A 'gift' is any item of cash or goods which is provided for personal benefit at less than its commercial value.
- Staff should not accept any gift, reward or hospitality from any organisation or individual with whom they have contact in the course of their work as an inducement for either doing something or not doing something in their official capacity (it is particularly important to take care about any gift received from a person or organisation that has, or is hoping to have, a contract with the Practice);
- Staff members may accept modest gifts, either themselves or on behalf of the Practice, (e.g. chocolates or flowers) without reference to the Practice Manager or Partners, as refusal could cause offence.
The recipient of unsolicited gifts of a substantial nature from patients or contractors should consult the Practice Manager on the matter (the PM should, in turn, discuss the matter with a Partner who will be the final arbiter on the advisability of accepting or refusing such gifts);
- Larger gifts should remain the property of the Practice.
In permitting the retention of the gift, the Practice may recommend the recipient make a cash bequest to a local charity, with entry of this bequest in the central register.
Alternatively, if the individual does not wish to retain the gift, a solicitor appointed by the Practice may arrange for presentation of the gift to a local charity;
- Staff must record any gifts accepted in the central register (see pages 5 and 6) maintained by the Practice Manager. Any queries about the contents of the register should be directed to the Practice Manager.
- No member of the Practice should involve themselves in the writing of a patient’s Will where they are also a beneficiary of that Will.
Receiving Hospitality
Definition of hospitality: ‘Hospitality’ is food, drink, entertainment or other services provided for personal benefit at less than their commercial value.
There is an acceptance that a member of staff may sometimes receive conventional hospitality. This may also include a member of staff attending, in an official capacity, a social event organised by another body for promotional or influential purpose.
In general, it may be necessary to decline offers of hospitality exceeding the norm of conventional hospitality. The following forms of hospitality, in particular, should be avoided:
- Inducements that could lead to a contractual position between the Practice and a supplier, contractor or consultant;
- Substantial offers of social functions, travel or accommodation;
- Repeated acceptance of meals, tickets and invitations to sporting, cultural or social events, particularly from the same source;
- Particular care should be taken when offered any form of hospitality or gift from a person or organisation that has, or is hoping to have, a contractual relationship with the Practice.
If, as an exception, the Practice Manager agrees that there are circumstances that justify exceeding the normal level of hospitality, there will be a record made in the central register.
Offering Gifts or Hospitality
Occasionally, there are circumstances where the Practice may feel it appropriate to offer a gift or hospitality to an individual or external organisation.
Where this occurs, the Practice Manager and Partners must authorise this, and it should be made clear that there is no element of inducement involved, and that a reciprocal gift should not be offered by the individual or organisation, nor accepted by the Practice.
Any offer or acceptance of a gift or hospitality over-and-above what would be considered as “modest” should be recorded on the Practice’s Gifts and Hospitality Register (see below).
Gifts and Hospitality Register
In the interests of openness and integrity, the Practice Manager will maintain a central register (example on the following page) of gifts and hospitality, offered or received, as a record of instances regarded as exceptional.
The purpose of the register is to protect individual members of staff, and the Practice as an organisation, of accusations of impropriety.
The guiding principles are:
- The conduct of a staff member should not create suspicion of any conflict of interest between official duty and private interest;
- The action of staff members should not give the impression to members of the public or any organisation with whom they deal, or to their colleagues, that they actually have, or may have been influenced, with a benefit received in order to show favour or disfavour to any person or organisation. (Contrastingly, this should also apply should a benefit be offered by a member of staff at the Practice to any other individual).
It is a disciplinary offence for a member of staff to accept any benefit as an inducement or reward that leads them in an official capacity to:
- Take any action, or not to take action; or
- Show favour or disfavour to anyone.
Any disciplinary action will be in accordance with the Practice’s normal disciplinary procedure.