HCS149-Fraud, Bribery and Corruption Policy

Registration Number: {{org_field_registration_no}}

Fraud, Bribery and Corruption Policy

1. Purpose

{{org_field_name}} is committed to conducting business with integrity and upholding the highest ethical standards. This policy outlines our approach to preventing, detecting, and responding to fraud, bribery, and corruption, ensuring compliance with Scottish legislation, Care Inspectorate regulations, and best practices within the social care sector. We aim to protect our organisation, staff, and the people we support from the financial and reputational risks associated with fraudulent or corrupt activities.

2. Scope

This policy applies to all staff members, including permanent and temporary employees, contractors, agency staff, volunteers, and any third parties working on behalf of {{org_field_name}}. It covers all activities related to service provision, procurement, financial management, and decision-making within our home care operations. The policy also extends to individuals or organisations providing goods and services to {{org_field_name}}, ensuring that all business transactions are conducted transparently and ethically.

3. Legal and Regulatory Framework

This policy is aligned with relevant UK legislation and regulatory standards, ensuring that {{org_field_name}} complies with legal obligations and industry best practices. The frameworks governing this policy establish clear guidelines on acceptable conduct and outline procedures for addressing misconduct. These legal and regulatory provisions provide a basis for enforcement actions against individuals or organisations found guilty of fraudulent or corrupt practices.

4. Definitions

Fraud: Any act of deception intended for personal or financial gain, including false representation, failing to disclose information, or abuse of position. This can involve theft, forgery, misrepresentation of financial statements, and unauthorised use of funds.
Bribery: Offering, giving, receiving, or soliciting anything of value to influence a decision or gain an improper advantage. This can include cash payments, gifts, hospitality, favours, or employment opportunities offered with the intent of securing a business advantage.
Corruption: Any form of dishonest or unethical conduct that undermines integrity, including abuse of power, embezzlement, or collusion. Corruption can occur at any level of an organisation and may involve conflicts of interest, manipulation of contracts, or misuse of information.

5. Principles

Zero Tolerance: {{org_field_name}} maintains a zero-tolerance approach to fraud, bribery, and corruption. Any allegations will be investigated thoroughly, and appropriate disciplinary or legal action will be taken. This ensures that all stakeholders understand the seriousness of these offences.
Accountability: All staff have a responsibility to uphold ethical conduct and report any suspicions of wrongdoing. Individuals at all levels of the organisation must act with integrity and transparency.
Transparency: All financial transactions and business decisions must be transparent, documented, and subject to appropriate scrutiny. Regular audits and monitoring help to uphold the integrity of our financial and operational activities.
Protection of Whistleblowers: Staff who report concerns in good faith will be protected under the Public Interest Disclosure Act 1998. {{org_field_name}} is committed to ensuring that individuals raising concerns are not subjected to any form of retaliation or victimisation.

6. Preventive Measures

Staff Training: All employees receive regular training on recognising and preventing fraud, bribery, and corruption. Training sessions reinforce ethical behaviours and compliance with legal standards.
Recruitment Checks: Background checks and professional references are obtained for all employees in line with safer recruitment standards. This helps to mitigate the risk of hiring individuals with a history of fraudulent behaviour.
Segregation of Duties: No individual should have sole control over financial transactions, purchasing, or authorisations. This reduces the opportunity for fraudulent activity to go undetected.
Financial Controls: Regular audits and reconciliations ensure accuracy in financial reporting and expenditure. Internal and external audits provide independent assurance of financial integrity.
Clear Policies on Gifts and Hospitality: Staff must declare any gifts, sponsorships, or hospitality received over a nominal value (£25) and seek approval from management before acceptance. This prevents potential conflicts of interest or undue influence.

7. Reporting and Investigation Procedures

Raising Concerns: Any suspected fraud, bribery, or corruption must be reported immediately to the Registered Manager:

1) Verbally to the Registered Manager or Safeguarding Lead

2) Inform the Registered Manager by email: {{org_field_registered_manager_email}}

3) Call the office and inform the Registered Manager or Safeguarding Lead: {{org_field_phone_no}}

4) Out of hours phone number: {{out_of_hours}}

5) Online via our website: {{org_field_website}}

Staff may also use the Whistleblowing Policy to report concerns anonymously, ensuring that issues are raised without fear of retaliation.
Investigation Process: A formal investigation will be conducted, with appropriate disciplinary, regulatory, or legal action taken as necessary. Investigations will be carried out impartially and in accordance with established procedures.
Involvement of External Authorities: If required, cases will be reported to the Care Inspectorate, Police Scotland, or relevant regulatory bodies. External agencies may provide additional oversight and enforcement actions when appropriate.

8. Response to Fraud and Corruption

Disciplinary Action: Staff found guilty of fraud, bribery, or corruption may face disciplinary action, including dismissal. Disciplinary proceedings will follow due process to ensure fairness and transparency.
Legal Action: Where applicable, criminal proceedings may be pursued. {{org_field_name}} will cooperate fully with law enforcement agencies in cases of fraudulent or corrupt activities.
Recovery of Funds: Efforts will be made to recover any financial losses due to fraudulent activity. This may include pursuing civil recovery proceedings where appropriate.

9. Related Policies

This policy should be read in conjunction with:

Whistleblowing Policy – for reporting concerns anonymously
Financial Management Policy – for managing financial transactions
Code of Conduct – for ensuring ethical behaviour
Complaints and Investigations Policy – for handling misconduct allegations
Recruitment Policy – for ensuring robust hiring processes

10. Policy Review

This policy is reviewed annually or earlier if legislative changes or organisational needs arise. The Registered Manager is responsible for ensuring compliance and updates to this policy. The review process will include evaluating the effectiveness of current fraud prevention measures and making necessary improvements.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.