Anti-Bribery Policy

Scope

Bribery is a criminal offence. The organisation prohibits any form of bribery. We require compliance, from everyone connected with our business, with the highest ethical standards and anti-bribery laws applicable. Integrity and transparency are of utmost importance to us and we have a zero tolerance attitude towards corrupt activities of any kind, whether committed by staff or by third parties acting for or on behalf of the organisation.

This policy and procedure are provided for the regulated activity of personal care.

Equality Statement

Our organisation is committed to equal rights and the promotion of choice, person-centred care and independence. This policy demonstrates our commitment to creating a positive culture of respect for all individuals. The intention is, as required by the Equality Act 2010, to identify, remove or minimise discriminatory practice in the nine named protected characteristics of age, disability, sex, gender reassignment, pregnancy and maternity, race, sexual orientation, religion or belief, and marriage and civil partnership. It is also intended to reﬂect the Human Rights Act 1998 to promote positive practice and value the diversity of all individuals.

Key Points

Staff must not take or give money or gifts, to give or gain favour with commissioners, service users, family, suppliers or other persons, on behalf of themselves or the organisation.
The Bribery Act 2010 is concerned with bribery within the context of commercial and corporate governance, and the organisation aims to fully comply with the legislation.
In line with the Skills for Care Code of Conduct, staff and managers are reminded of:
Standard 1 – Be accountable by making sure you can answer for your actions or omissions:
Guidance statement 7: never accept any offers of loans, gifts, beneﬁts or hospitality from anyone you are supporting or anyone close to them which may be seen to compromise your position.
If we suspect that you have committed an act of bribery or attempted bribery or have breached this or related policy, an investigation will be carried out and, in line with our disciplinary procedure where appropriate, action may be taken against you which may result in your dismissal, or the cessation of our business arrangement with you.

Policy Statement

The Bribery Act 2010 is concerned with bribery within the context of commercial and corporate governance, and the organisation aims to fully comply with the legislation. It is the intention of the organisation and its management team to act with integrity and honesty in all of its business activities.

The Policy

It is prohibited, directly or indirectly, for any staff or person working on our behalf to offer, give, request or accept any bribe i.e. gift, loan, payment, reward or advantage, either in cash or any other form of inducement, to or from any person or organisation in order to gain commercial, contractual or regulatory advantage for the organisation, or in order to gain any personal advantage for an individual or anyone connected with the individual in a way that is unethical.

Bribery Deﬁnitions:

The crime of giving someone money or something else of value, often illegally, to persuade that person to do something you want:
A form of corruption, an act of implying money or gift given that alters the behaviour of the recipient.
The making of illegal payment, or bribes, to persons in oﬃcial positions as a means of inﬂuencing their decisions.
The voluntary giving, offering, receiving, or soliciting of a bribe to inﬂuence the discretionary conduct or decision of an agent, oﬃcer, or staff of a business.

No member of staff, including management at any level, will act to inﬂuence or bribe a commissioner or purchaser of services, or a supplier, and where this is identiﬁed a referral to the appropriate agency will follow e.g. police.

Any identiﬁed act to inﬂuence or bribe an oﬃcial, commissioner, supplier or other person will be dealt with through the disciplinary procedure and treated as gross misconduct, which could lead to dismissal.

Management and staff are required to notify their line manager if they are offered any gifts, money or other tokens of value by service users, family or suppliers in the normal delivery of their work, in line with the Gifts & Legacies Policy.

Professional Conduct and Boundaries

We support staff and managers in building positive, supportive and professional relationships with both service users and their families.

Managers and staff are required to follow the appropriate codes of conduct at all times relevant to their professional and work groups, which for this organisation includes:

Skills for Care: Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England

The Code of Conduct sets out the required behaviour and professional boundaries expected of staff when working for the organisation and delivering services to adults at risk within the community.

Breaching professional boundaries could have consequences from a safeguarding perspective, could lead to allegations of abuse and could lead staff being disciplined though the companies disciplinary procedures.

Staff and managers are reminded of Standard 1: Be accountable by making sure you can answer for your actions or omissions:

Guidance statement 7: Never accept any offers of loans, gifts, beneﬁts or hospitality from anyone you are supporting or anyone close to them which may be seen to compromise your position.

Suspicion

If we suspect that you have committed an act of bribery or attempted bribery or have breached this or related policy, an investigation will be carried out and, in line with our disciplinary procedure where appropriate, action may be taken against you which may result in your dismissal, or the cessation of our business arrangement with you.

Reporting

If you, as staff or person working on our behalf, suspect that an act of bribery or attempted bribery has taken place, even if you are not personally involved, you are expected to report this to a Director/Registered Manager. You may be asked to give a written account of events.

Staff are reminded of our Whistleblowing Policy which is referenced in the Staff Handbook.

Corporate Hospitality and Gifts

No gift should be given, nor hospitality offered by staff or anyone working on our behalf to any party in connection with our business without receiving prior written approval from a Director/Registered Manager.

Similarly, no gift or offer of hospitality should be accepted by staff or anyone working on our behalf without receiving prior written approval from a Director/Registered Manager.

Record Keeping

A record will be made by a Director/Registered Manager of every instance in which gifts or hospitality are given or received, please refer to the Gifts & Legacies Policy.

As the law is constantly changing, this policy is subject to review and we reserve the right to amend this policy without prior notice.

References and Further Reading

Gov.Uk – Anti-bribery policy (https://www.gov.uk/anti-bribery-policy)

Bribery Act 2010 (https://www.legislation.gov.uk/ukpga/2010/23/contents)

Quality Statements

Safeguarding

We work with people to understand what being safe means to them as well as with our partners on the best way to achieve this. We concentrate on improving people’s lives while protecting their right to live in safety, free from bullying, harassment, abuse, discrimination, avoidable harm and neglect. We make sure we share concerns quickly and appropriately.

Safe and effective staffing

We make sure there are enough qualiﬁed, skilled and experienced people, who receive effective support, supervision and development. They work together effectively to provide safe care that meets people’s individual needs.

Workforce well-being and enablement

We care about and promote the well-being of our staff, and we support and enable them to always deliver person-centred care.

Freedom to speak up

We foster a positive culture where people feel that they can speak up and that their voice will be heard.

Governance, management and sustainability

We have clear responsibilities, roles, systems of accountability and good governance. We use these to manage and deliver good quality, sustainable care, treatment and support. We act on the best information about risk, performance and outcomes, and we share this securely with others when appropriate.

Key questions and quality statements – Care Quality Commission (https://www.cqc.org.uk/assessment/quality- statements)