Anti-Fraud, Bribery and Corruption Policy

1.0 Introduction

1.1 Clinical Partners complies with applicable legislation, including the Fraud Act 2006, the Bribery Act 2010, and with other regulatory requirements and applicable guidance including Managing Public Money.

1.2 Clinical Partners is committed to conducting business fairly, openly and honestly and in accordance with the highest ethical and legal standards.

2.0 Purpose

2.1 The purpose of this policy is to set out Clinical Partners’ stance on fraud, bribery and corruption and its approach to preventing, detecting, reporting and investigating fraud, bribery and corruption.

3.0 Scope

3.1 This policy applies to Clinical Partners and all separate legal entities owned and controlled by Clinical Partners.

3.2 This policy is applicable to, and must be followed by, all staff including consultants and contractors.  Failure to comply could result in disciplinary action, including dismissal.

3.3 Clinical Partners requires all those receiving Clinical Partners funds or representing Clinical Partners, including its suppliers, grant recipients, partners, contractors and agents, to act in accordance with this policy. 

4.0 Policy Statement

4.1 Clinical Partners has a ‘zero tolerance’ policy towards fraud, bribery and corruption. This means that Clinical Partners:

4.2 Clinical Partners is committed to developing an anti-fraud culture and keeping the opportunities for fraud, bribery and corruption to the absolute minimum.

4.3 Clinical Partners requires all staff to act honestly and with integrity at all times and to safeguard the resources for which they are responsible. 

5.0 Risk and internal control systems

5.1 Clinical Partners will seek to assess the nature and extent of its exposure to the risks of internal and external fraud, bribery and corruption. It will regularly review these risks, using information on actual or suspected instances of fraud, bribery and corruption to inform its review.

5.2 Clinical Partners will seek to put in place efficient and effective systems, procedures and internal controls to: encourage an anti-fraud culture; prevent and detect fraud, bribery and corruption; and reduce the risks to an acceptable level.

5.3 Clinical Partners will seek to equip its staff with the skills, knowledge and expertise to manage its fraud risk effectively. It will provide adequate training to make staff aware of the risks of fraud, bribery and corruption, and of their responsibilities in preventing, detecting, and reporting it.

5.4 Clinical Partners will make all those receiving Clinical Partners funds or representing Clinical Partners, including its suppliers, grant recipients, partners, contractors and agents aware of this policy.

5.5 Clinical Partners will work with relevant stakeholders, including comparable organisations, relevant regulators and government organisations to tackle fraud.

5.6 Clinical Partners will regularly review and evaluate the effectiveness of its systems, procedures and internal controls for managing the risk of fraud. It will do this through risk management and assurance processes and audit arrangements.

6.0 Reporting - internal

6.1 All staff must immediately report any suspected or actual instances of fraud, bribery or corruption. This includes offers to pay bribes, solicitation of bribes and demands to make facilitation payments. Failure to report could result in disciplinary action.

6.2 Reports should be made to an appropriate manager.  

6.3 Clinical Partners also requires all those receiving Clinical Partners funds or representing Clinical Partners, including its suppliers, grant recipients, partners, contractors and agents, to report to any suspected or actual instances of fraud, bribery or corruption involving Clinical Partners assets or staff.

6.4 Clinical Partners will not penalise anyone for raising a concern in good faith, even if it turns out to be unfounded.  Any member of staff who harasses or victimises someone for raising a concern in good faith will themselves be subject to disciplinary action.

6.5 Clinical Partners will maintain a system for recording: all reports of actual or suspected fraud, bribery and corruption; the action taken; and the outcome of any investigation.  It will use this information to inform its review of the risks and the effectiveness of its controls.

7.0 Investigation

7.1 Clinical Partners will take all reports of actual or suspected fraud, bribery and corruption seriously, and investigate proportionately and appropriately as set out in this policy.

7.2 Clinical Partners will always seek to take disciplinary and/or legal action against those found to have perpetrated or assisted with fraudulent or other improper activities in any of its operations.  For staff, this may include dismissal. It will also seek to recover any assets lost through fraud.

7.3 The investigation process requires Clinical Partners to review the systems in operation to determine whether there are any inherent weaknesses. Any such weaknesses identified should be corrected immediately.

7.4 If fraud or corruption is found to have occurred, the Chief Finance Officer should prepare a report for the CEO, Commercial Director and the next Board meeting, setting out the following details:

• the circumstances

• the investigation process

• the estimated loss

• the steps taken to prevent a recurrence

• the steps taken to recover the loss.

8.0 Reporting – external

8.1 Clinical Partners will fully meet its obligations to report fraud, bribery and corruption to third parties as required.

9.0 Approval of losses

9.1 All losses as the result of fraud must be recorded and approved in compliance with Clinical Partners’ delegated authorities.

10.0 Specific risk mitigation measures

10.1 To manage the exposure to bribery and corruption, all gifts and hospitality received by staff and given to Public Officials must be approved in line with the delegated authorities and recorded on the Gifts and Hospitality Register.

10.2 Conflicts of interest are known to increase the risk of fraud. Therefore all staff who have an interest in an actual or potential supplier (whether personally, or through family members, close friends or associates) must report that conflict of interest to their manager.

11.0 Responsibilities

11.1 Directors are responsible for ensuring that their staff are aware of and support this policy and that all incidents of fraud, bribery or corruption are reported. They are also responsible for ensuring that all incidents of fraud, bribery or corruption are managed and investigated in line with this policy.

11.2 Managers receiving reports of fraud, bribery and corruption are responsible for reporting them to the Counter Fraud Team and agreeing with them how the case will be managed and who will be responsible for investigation.

11.3 All staff are responsible for complying with this policy.

12.0 References

.....Page break.....

Appendix A - Definitions

Fraud is knowingly making an untrue or misleading representation with the intention of making a gain for oneself or another or causing a loss, or risk of loss, to another.

Bribery is giving or offering someone a financial or other advantage to encourage that person to perform their functions or activities improperly, or to reward someone for having already done so.

A facilitation payment is a type of bribe. An example is an unofficial payment or other advantage given to a public official to undertake or speed up the performance of their normal duties.

Corruption is the misuse of entrusted power for personal gain.  This would include dishonest or fraudulent behaviour by those in positions of power, such as managers or government officials. It would include offering, giving and receiving bribes to influence the actions of someone in a position of power or influence, and the diversion of funds for private gain.

A conflict of interest is where an individual has private interests that may or actually do influence the decisions that they make as an employee or representative of an organisation. 

.....Page break.....

Appendix B - Further Guidance on Fraud

a) Summary of Legislation:

The relevant legislation in the UK is The Fraud Act 2006.

The Fraud Act 2006 defines a general offence of fraud and sets out three ways by which fraud can be committed:

• fraud by false representation. A representation is false if it is untrue or misleading, and the person making it knows that it is, or might be, untrue or misleading.

• fraud by failing to disclose information.

• fraud by abuse of position. This applies to those occupying a position in which they are expected to safeguard, or not to act against, the financial interests of another person.

In each case, the offence is to act dishonestly with the intention of making a gain for oneself or another or causing a loss, or risk of loss, to another.  The criminal act is the attempt to deceive and attempted fraud is therefore treated as seriously as accomplished fraud.

b) Examples of fraud relevant to Clinical Partners:

Procurement fraud:

• Staff colluding with suppliers and ordering and paying for goods or services that are not required and/or have not been delivered, or are charged at an excessive rate.

• Staff or third parties creating false invoices, receipts, purchase orders or supplier identities in order to obtain payment for goods and services that have not been supplied.

• Staff awarding a contract, or preferential terms, to a supplier in return for payments, personal discounts, commission or other benefits; or awarding a contract to a relative or other connected party.

Fraudulently altering documents or records:

• Training grant recipients not spending grant funds on purposes intended, or keeping funds for personal use, and falsifying records to support false claims.

• Staff issuing false receipts to customers in order to keep the funds paid for personal use.

• Staff or third parties altering vendor payment details to divert supplier payments to own bank account.

• Staff fraudulently altering accounting records.

Expenses fraud:

• Staff claiming expenses or allowances to which they are not entitled, including by falsifying receipts.

• Staff using company credit cards for personal expenses.

• Staff using Clinical Partners assets, such as mobile phones, for their own personal use.

• Staff or contractors falsifying travel and subsistence or other expense claims.

Fraud involving impersonation:

• Staff or third parties impersonating Clinical Partners in order to extract fees for a service which Clinical Partners does not provide or does not charge for.

• Staff or third parties submitting false invoices from real or fictional individuals or organisation for payment.

Payroll fraud:

• Staff creating non-existent employees for directing payments.

• Staff or temporary staff making false or inflated claims for overtime or flexible working.

c) Further Guidance on Bribery

The relevant legislation in the UK is The Bribery Act 2010.

The Act makes it an offence to give or receive a bribe, i.e. to:

• Offer, promise or give a financial or other advantage to another person with the intention of inducing them to perform their functions improperly, or to reward them for having done so.

• Request, agree to receive or accept a financial or other advantage as the reward for an improper function or activity.

It also makes it an offence to bribe a foreign public official. A foreign public official is someone elected or appointed to a legislative, administrative or judicial position in an overseas government or other public agency or organisation. It is an offence to offer such a person a financial or other advantage with the intention of influencing them in the performance of their official duties.  

The Act also creates a corporate offence of failing to prevent bribery. This means that Clinical Partners could be liable if someone offers a bribe on its behalf, including employees and third parties carrying out Clinical Partners business, such as partners and suppliers.  The Act applies to UK organisations operating overseas, so Clinical Partners could be prosecuted if any of its staff worldwide offer or solicit a bribe; this is why the policy applies globally.

Examples of bribes relevant to Clinical Partners:

Advantages that could be offered as part of a bribe:

• Cash, vouchers or other cash equivalents, or a “fee”.

• Gifts.

• Hospitality or entertainment (outside what would be modest and reasonable in the business context).

• Clinical Partners paying travel and accommodation costs to a third party where this is not standard business practice

• Clinical Partners staff receiving travel or accommodation free of charge from a supplier

• Loans.

• Favourable business terms.

• Discount of services, or providing services free of charge (or ‘uninvoiced’)

• Provision of information that offers a business or personal advantage.

Offering or receiving one of the above advantages could count as a bribe if any of the following was offered or given in return:

• Award of contract to a particular bidder.

• Performance of normal duties by a foreign public official.

• Obtaining information that would put an individual or Clinical Partners at an advantage, such as information about a competitive tender.

• Any other preferential treatment influenced by the receipt of an advantage.

The following would not usually count as bribes:

• Normal hospitality provided in the course of business, such as provision or acceptance of a modest meal at a working event. 

Whether a provision of a particular item or service counts as a bribe depends upon the context and level of hospitality (etc) offered. The Bribery Act is not intended to prohibit reasonable and proportionate hospitality or business expenditure.  Genuine hospitality or similar business expenditure that is reasonable and proportionate, in line with normal Clinical Partners policy and practice. Judgement is required and the decision depends upon level of hospitality provided and the level of influence the person receiving it had on the business decision in question.

d) Further Guidance on Facilitation Payments

A facilitation payment is making a payment or offering an advantage to a public official to undertake or speed up the performance of their normal duties. Facilitation payments are a form of bribe and are illegal under The Bribery Act 2010.