Status: Draft / Final / Changes authorised by:
Last review date: / Approved by:
Next review date: / Date approved:
1.INTRODUCTION
1.1This policy lays out the Name of the Organisation’s policy and procedure for dealing with conflict of interest both in the provision of services and in the management of the organisation.
1.2The purpose of this policy is to help any staff member or trustee identify situations of conflict of interest and deal with them appropriately.
1.3The following principles underline our approach to managing conflict of interest:
- Impartiality and independence in providing services to refugees and managing the organisation
- Prompt identification of conflicts of interest to avoid and manage them effectively
- Clear good practice procedures to deal with conflict of interest
- Transparency when situations of conflict of interest arise
1.4Trustees, volunteers and every member of staff are individually responsible for implementing this policy.
1.5This policy should be read in conjunction with other Name of the Organisationpolicies including:
- Confidentiality policy
- User care policy
- Referral and sign-posting procedures
- Equal opportunities policy
2.DEFINITIONS
2.1Conflict of interest: A conflict of interest arises when a staff member cannot perform the functions of their job in an impartial and independent manner.
2.2Conflict of interest in advice services: This describes a situation in which an adviser cannot provide impartial and independent advice to a service user.
2.3Conflict of interest in management: Any situation in which trustees, the director or any manager cannot make impartial and independent decisions in the management of the organisation.
3.RELEVANT REGULATION
- Requirements of the Office of Immigration Services Commissioner (OISC) imposed by the Immigration and Asylum Act 1999
- Charity Act 1993
4.PROCEDURES
In the provision of advice services:
At reception
4.1Staff responsible for the reception of asylum seekers and refugees should be alert and identify cases where the ‘other party’ (for example, a partner of the user looking for advice on a divorce case or domestic violence) is being advised by the organisation on the same matter.
If this is the case, the adviser should:
- ask the user whether there is any possibility that his/her partner has sought advice in the same organisation; and
- check the central record of users against the name provided.
4.2If the other party has already been advised by the organisation, the user must be informed of the conflict of interest and be referred to another appropriate organisation following the referral procedure.
During first contact with advisers
4.3If the organisation discovers in the first advice session that they are advising the ex-partner of the user or a third party in the same case, the adviser should:
- explain the conflict of interest to the user;
- explain to the user that the organisation cannot act on the case;
- refer the user to an alternative organisation; and
- if an alternative organisation cannot be found, the adviser should contact the supervisor to make alternative arrangements.
During ongoing advice work
4.4If an organisation discovers during ongoing advice sessions that it has been acting for both parties on the same issue (for example, two refugees in a housing dispute – one is the landlord and asks for advice on how to evict a tenant, the other is the tenant seeking advice on how to avoid eviction), the adviser should:
- discuss the situation with the supervisor;
- continue to act for the user who has been given advice for longer;
- cease acting on the other case immediately if possible;
- refer the other user to an alternative organisation following the referral procedure.
4.5The organisation recognises that given the lack of advice providers in some regions of the country and in some categories of advice (such as immigration), it will sometimes be difficult to find an alternative provider. The organisation will make every effort to refer the service user to an alternative organisation as soon as possible, and agree interim arrangements with the supervisor (for example, by ensuring that the case is dealt with by another advice worker).
Other potential conflicts of interest
4.6A conflict of interest arises when advisers discover that the information the user has provided is false. For example, a refugee has sought advice from the organisation about completing an application for income support on the grounds that s/he has no income. Yet the adviser knows that the user works full-time in the local supermarket where s/he regularly shops. Once the adviser has established that the user still works in the supermarket, s/he should refuse to provide assistance and explain that doing so could lead to a criminal prosecution under the fraud legislation for the user, the organisation and the adviser.
4.7A user is requesting advice on an issue that involves someone who works in the organisation as a volunteer, staff or member of the governing body.
4.8Advisers provide services to relatives of staff, volunteers and Governing body members.
4.9When the user enquiry involves taking action against the advice worker, the organisation or its funders.
4.10When the adviser or staff member has a personal relationship with the user.
4.11If any of the above situations arise, the adviser should discuss the situation with the supervisor and agree on appropriate action (for example, referring the user to another organisation or the user to a different adviser).
Organisations must continue to act
4.12Given the limited services available to asylum seekers and refugees and the particular conditions of an organisation, identifying and managing of conflicts of interest situations cannot always or automatically involve referral to an alternative service.
4.13The Name of the Organisation must continue to act for users in the following cases:
- if another local service provider does not exist;
- in situations where a user may be unable to access a necessary service operating at the required standard.
4.14In any of the above circumstances, appropriate measures must be taken to ensure that users receive independent and impartial advice and assistance. For instance, the re-allocation of a case to an alternative advice worker ensures the advisers do not discuss the case, avoids doubling up or co-work between advice workers and is subject to more regular supervision and review.
Conflicts of interests when managing the organisation
4.15Trustees may face a conflict of interest so that they cannot take decisions impartially and independently. (See below for some examples of potential conflict of interest.)
4.16A conflict of interest can arise when a paid interpreter of the organisation is appointed as a trustee or vice versa. In such a situation, the interpreter or the trustee should disclose the conflict. If the interpreter or the trustee does not disclose it, the Title of relevant managershould do so. TheTitle of relevant manager should inform the potential interpreter or trustee that they cannot hold both roles and that they therefore need to decide what role they wish to play in the organisation. Once the person has decided, it should be communicated to the governing body.
4.17When a trustee owns property used by the organisation to accommodate refugees, s/he should disclose this interest to the governing body and should not be involved in any discussion or decision related to the contract and management of the property.
4.18When a volunteer or a trustee becomes a prospective employee of the organisation, s/he should disclose this to the relevant line manager or to the governing body as appropriate. S/he should not get involved at any stage in the discussion and decision-making process of recruitment and selection (for example, drawing up the job description or preparing questions). If s/he is a trustee, s/he should resign from the governing body.
4.19Trustees do not have the right to vote on issues which present a conflict of interest to them.
4.20The organisation will as applicableprohibit relatives of employees from serving as a member of the governing body or will ensure thatthe trustee:
- should not be involved in any discussions that involve their relative;
- will leave the meeting if their relative’s salary or performance is being discussed;
- should not be on a recruitment panel when their relative will be interviewed.
Conflicts of interest when providing non-advice services
4.21If a staff member has a close relationship with his/her manager, for example because they are his/her partner, the organisation will allocate a different line manager to the staff member and will disclose the potential conflict of interest to the team.
4.22A conflict of interest rises when a staff member takes decisions in tendering processes, for example selecting a supplier who is a relative.
4.23A conflict of interest arises when a staff member has set up an independent business and intends to provide his/her services to the organisation (such as catering, interpreting, housing).
4.24A conflict of interest arises when a volunteer may have access to files containing sensitive information (for example on a refugee who belongs to a political party or association the volunteer is opposed to).
4.25In all the above cases, the staff members involved in the conflict of interest facing the manager will:
- disclose the potential conflict;
- put mechanisms in place to ensure impartiality of decisions (such as prior agreement of clear and fair criteria for the selection of catering providers for training sessions), involving the issue;
- avoid getting involved in the decision-making process or voting on decisions involving the issue;
- prohibit access to information such as users’ files.
Potential conflict of interest situations for funders
4.26A conflict of interest arises when an organisation receives funding from a body whose values and policies they do not share.
4.27Funding arrangements, applications and grant agreements with any provider should always clearly define the role and remit of the advice services to be offered by the organisation, and include the conditions or limits to service delivery in terms of target user groups, scope and level of advice services delivered.
4.28Users and other service providers should be made aware of how services are funded (for example, in project descriptions, posters, leaflets, interviews and so on) and of any limits or conditions that apply before services are provided.
4.29The organisation’s funding strategies will be consistent with its principles and aims as stated in the governing document.
4.30Any staff member or trustee who is concerned that a conflict of interest between the organisation and a service funder may arise, should raise the issue with the relevant line manager.
5.IMPLEMENTATION AND MONITORING
5.1All staff members, volunteers and trustees will be issued with a copy of this policy when joining the organisation.
5.2The title of relevant managerwill be responsible for ensuring this policy is implemented, reviewed every year and amended as necessary.