Location
...Rochester, ME39UT
info@care4youcareagency.co.uk
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0776 392 0494
ABI8 - Anti-Bribery Policy and Procedure
Human Resources - Equality and Human Rights
| Last Reviewed 19 May '23 | Last Amended 19 May '23 | Next Planned Review in 12 months, or, sooner as required. |
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| Business Impact | Minimal action required circulate information amongst relevant parties. | |
| Reason for this review | Scheduled review | |
| Were changes made? | Yes | |
| Summary: | This policy outlines how the service can deliver services in a way that all staff are aware that it is illegal to offer, promise, give, request, agree, receive or accept bribes. It has been reviewed and updated to remove any duplication and confirm any red flags employees should look out for. References and further reading have also been checked and updated to ensure they remain current. | |
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| Underpinning knowledge - What have we used to ensure that the policy is current: |
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| Equality Impact Assessment: | QCS have undertaken an equality analysis during the review of this policy. This statement is a written record that demonstrates that we have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law. | |
1. Purpose
1.1 To enable Care 4 You Care Agency Agency to deliver services in a way that all staff are aware that it is illegal to offer, promise, give, request, agree, receive or accept bribes.
1.2 To provide members of staff with information and guidance on how to recognise and deal with bribery and corruption.
1.3 To support Care 4 You Care Agency in meeting the following Key Lines of Enquiry/Quality Statements (New):
| Key Question | Key Lines of Enquiry | Quality Statements (New) |
|---|---|---|
| WELL-LED | W2: Does the governance framework ensure that responsibilities are clear and that quality performance, risks and regulatory requirements are understood and managed? | QSW5: Governance, management and sustainability |
1.4 To meet the legal requirements of the regulated activities that {Care 4 You Care Agency} is registered to provide:
- i.Fraud Act 2006
- ii.Public Contracts Regulations 2015
- iii.The Bribery Act 2010
2. Scope
2.1 The following roles may be affected by this policy:
- i.Volunteers
- ii.Officers, agency workers, seconded workers, interns, agents, contractors, external consultants, third- party representatives and business partners, sponsors, and any other person associated with Care 4 You Care Agency
- iii.Directors and owners of Care 4 You Care Agency
- iv.Staff directly employed by Care 4 You Care Agency
2.2 The following Service Users may be affected by this policy:
- i. Service Users
2.3 The following stakeholders may be affected by this policy:
- i. Family
- iii.Representatives
- iv.Other organisations and people in contact with the service
3. Objectives
3.1 Care 4 You Care Agency will ensure that all staff receive appropriate information about bribery and what is meant by bribery as defined by the Bribery Act 2010.
3.2 All staff employed by Care 4 You Care Agency will sign that they have understood the policy and the implications for them and Care 4 You Care Agency.
3.3 There are no reported incidents of bribery as defined by the Bribery Act 2010.
4. Policy
4.1 It is the policy of Care 4 You Care Agency to conduct all of our business in an honest and ethical manner.
4.2 Care 4 You Care Agency takes its responsibilities under the Bribery Act 2010 very seriously. If found to be in breach of the Bribery Act 2010, it may result in up to ten years' imprisonment and/or an unlimited fine and considerable reputational damage. In addition, Care 4 You Care Agency may also be debarred from participation in public tenders. Given the nature of its business, it is absolutely essential that Care 4 You Care Agency takes a zero-tolerance approach to bribery and corruption.
4.3 Care 4 You Care Agency requires all staff and volunteers to act honestly and with integrity at all times in order to comply with safeguarding obligations.
4.4 This policy is essential to ensure that Care 4 You Care Agency can demonstrate it has adequate procedures in place in order to prevent bribery.
4.5 It is the individual person's responsibility to read and be confident that they understand and fully comply with this policy. In any area of doubt, Branch Manager must be approached to provide a further explanation
4.6 What is Bribery? A bribe is something that is offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage. An advantage includes money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or anything else of value.
What is Not Acceptable? It is not acceptable for an individual engaged by Care 4 You Care Agency (or someone on their behalf) to:
4.7 Facilitation payments may be experienced where a Service User, relative or other agent offers a payment to obtain a level of service for a Service User that would not normally be provided. We do not make and will not accept facilitation payments or "kickbacks" of any kind. Kickbacks are typically payments made in return for favour or advantage. Our absolute policy is that such payments are not to be accepted and should be reported to Branch Manager. All workers must avoid any activity that might lead to or suggest that a facilitation payment or kickback will be made or accepted. If staff are asked to make a payment on behalf of Care 4 You Care Agency, staff must always be mindful of what the payment is for and whether the amount requested is proportionate to the service or goods provided. Staff must always obtain a receipt detailing the reason for the payment. If staff have any suspicions or concerns, they must raise them directly with the line manager, or where this is not appropriate, any other manager/senior employee.
4.8 During any form of tendering process gifts and hospitality (even if proportionate) must not be accepted, and if offered, should be politely declined and referred to Branch Manager.
4.9 Reasonable and proportionate gifts, as a token of appreciation or as part of facilitating normal business relationships are acceptable; the key is that they must not be an inducement to act improperly. If staff receive a gift they must report it to their line manager and complete the Gift and Hospitality Register, providing details of the gift, its worth, whether it has been accepted (and if so, the reasons for this).
4.10 In the first instance, staff and others for whom this policy is relevant must notify Branch Manager if it is suspected that a breach of this policy has occurred
4.11 Charitable support and donations are acceptable under law whether of in-kind services, knowledge, time, or direct financial contributions. However, staff of Care 4 You Care Agency must be careful to ensure that charitable contributions are not used as a cover to conceal bribery. Only make charitable donations that are legal and ethical. No donation must be offered or made without the prior approval of Care 4 You Care Agency.
4.12 Genuine hospitality or other similar business expenditure that is reasonable and proportionate is not prohibited under the Bribery Act 2010. All hospitality must, however, be bona fide. Again, if an offer of hospitality is made, this must be recorded on the Gift and Hospitality Register.
4.13 Any situation should be avoided where personal benefit may arise from decisions taken. If there is any doubt, staff should report to Branch Manager.
4.14 If Branch Manager is suspected of being in breach of the Bribery Act 2010, then the alerter should contact Nominated Individual, or if that is not practical or appropriate, the Police should be contacted.
4.15 In any situation where Branch Manager may be compromised by a conflict of interest or possible personal benefit that may be in conflict with the Bribery Act 2010, the Company Secretary, Owner or equivalent must be informed
4.16 The Raising Concerns, Freedom to Speak Up and Whistleblowing Policy and Procedure is also relevant and will be used to cover situations when Care 4 You Care Agency may have been alerted of possible breaches of the Bribery Act 2010
4.17 If an individual is an employee of Care 4 You Care Agency and is in breach of this policy, then the service may take disciplinary action (including possibly dismissal for gross misconduct) against the person concerned in accordance with the Discipline Policy and Procedure.
4.18 If the person is not an employee, the person's contract with Care 4 You Care Agency may be terminated without notice as appropriate
4.19 If a member of staff is offered a bribe by a third party, is asked to make one, or suspects this may happen in the future, they must tell their line manager as soon as possible.
4.20 This policy does not form part of an employee's contract of employment and we may amend it at any time.
5. Procedure
5.1 The relevant key facts from this policy will be shared with professionals and people affected by the service (namely Service Users, and if appropriate their friends, relatives or advocates).
5.2 All staff will sign that they have understood the content of this policy and their responsibilities under the Bribery Act 2010
5.3 Offering or accepting gifts or hospitality needs caution; staff should follow the Gifts, Donations, Wills and Bequests from Service Users Policy and Procedure to ensure that safeguarding issues do not arise.
5.4
To reduce the possibility of breaching the Bribery Act 2010, all gifts must be declared to Branch Manager and a record will be kept.
Care 4 You Care Agency must declare and keep a written record of all hospitality or gifts given or received, which will be subject to managerial approval.
Staff must submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with the Business Expenses Policy and Procedure and record the reason for expenditure.
All accounts, invoices, and other records relating to dealings with third parties, including suppliers and customers, should be prepared with strict accuracy and completeness. Accounts must not be kept "off- book" to facilitate or conceal improper payments.
5.5
If there is the slightest suggestion that a member of staff might receive a legacy from a Service User, then this must be referred to Branch Manager immediately and legal advice will be sought.
5.6 The soliciting of gifts or sponsorship for charitable events from Service Users is strictly forbidden.
5.7 No donation to a Charity or Political Party/Candidate may be made or offered in the name of Care 4 You Care Agency without the prior approval of Branch Manager.
5.8 If staff influence or make decisions on behalf of the service, they are more vulnerable and if staff are uncomfortable with any form of influence, they must report it to Branch Manager.
5.9 Where a conflict of interest could arise, the relevant decision must be referred to Branch Manager.
5.10
It is important that one individual takes responsibility for day-to-day compliance. In most cases this would be Branch Manager, but ultimate responsibility will fall on the Company Secretary, the Owner, Nominated Individual or someone in an equivalent position.
5.11
5.11 If a member of staff is unsure about whether a particular act constitutes bribery or corruption, staff should raise this with their line manager as soon as possible.
5.12 Potential Risk Scenarios: "Reg Flags"
The following is a list of possible red flags that may arise during the course of a member of staff's employment or engagement and which may raise concerns under various anti-bribery and anti-corruption laws:
6. Definitions
6.1 Corruption
- Corruption is the abuse of entrusted power or position for private gain
6.2 Bona Fide
6.3 Conflict of Interest
6.4 Defence
6.5 You
6.6 Bribery
6.7 Facilitation Payments
