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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Conflict of Interest Policy

1. Purpose

The purpose of this policy is to provide a comprehensive and structured approach to identifying, managing, and resolving conflicts of interest within {{org_field_name}}. In a temporary healthcare staffing agency environment, where Registered Nurses (RNs) and Healthcare Assistants (HCAs) are placed in diverse care settings, it is essential that the interests of service users, clients, and the agency are protected from undue influence, bias, or unfair advantage. This policy ensures that all staff, including directors, temporary workers, and other personnel, act with integrity, transparency, and accountability when actual, potential, or perceived conflicts of interest arise. The policy also demonstrates {{org_field_name}}’s commitment to compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Care Quality Commission’s Fundamental Standards, the Bribery Act 2010, and other applicable legislation. The directors of {{org_field_name}} are fully responsible for the efficient implementation, monitoring, and enforcement of this policy in the absence of a Registered Manager.

2. Scope

This policy applies to:

• All directors, employees, and temporary workers (including RNs and HCAs on zero-hours contracts) of {{org_field_name}}.
• All individuals engaged to carry out business on behalf of {{org_field_name}}.
• All relationships with client organisations, suppliers, contractors, partner agencies, commissioners, and service users.
• Any situation where an actual, potential, or perceived conflict of interest may arise during recruitment, placement, contract negotiations, service delivery, supervision, or business operations.

This policy also applies to any third party or stakeholder acting on behalf of {{org_field_name}}.

3. Related Policies

• Recruitment Policy
• Temporary Staffing Handbook
• Pre-Employment Checks Policy (including DBS & References)
• Whistleblowing Policy
• Professional Conduct and Code of Practice
• Complaints Policy
• Safeguarding Policy

4. Legal and Regulatory Framework

This policy is informed by:

• The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014​
• The Care Act 2014
• The Bribery Act 2010
• The Employment Rights Act 1996​
• The Agency Workers Regulations 2010​
• The Public Interest Disclosure Act 1998 (Whistleblowing legislation)
• The NMC Code (for Registered Nurses)
• Data Protection Act 2018 (GDPR)

5. Definition of Conflict of Interest

A conflict of interest occurs when an individual’s private interests, personal relationships, or other professional responsibilities could compromise, or be perceived to compromise, their ability to act impartially, in the best interests of clients, service users, or {{org_field_name}}. Conflicts may be:

• Actual – where a conflict already exists.
• Potential – where a conflict may arise in the future.
• Perceived – where an observer could reasonably believe there is a conflict, even if one does not actually exist.

Conflicts of interest can arise in various ways, such as:

• A nurse being assigned to care for a close relative.
• An agency worker having a financial interest in a care home the agency supplies staff to.
• A director influencing recruitment or deployment decisions involving friends or family.
• Accepting gifts, hospitality, or favours that could influence decision-making.

6. Principles of Conduct

All staff, including directors and temporary workers, are expected to:

• Act honestly, ethically, and in good faith.
• Place the interests, safety, and wellbeing of service users above personal or financial interests.
• Avoid any situation that may compromise their professional judgement.
• Declare any actual, potential, or perceived conflict of interest to the director(s) immediately.
• Cooperate fully with {{org_field_name}}’s procedures for managing conflicts.

The director(s) will ensure that decisions regarding recruitment, placement, and service delivery are objective, transparent, and free from bias.

7. Examples of Conflicts of Interest in a Temporary Staffing Context

• A staff member working for both {{org_field_name}} and a competing agency supplying the same client.
• A nurse caring for a family member or close friend as part of an agency placement.
• A director receiving gifts or hospitality from a client, supplier, or contractor.
• An agency worker recommending the services of another business they personally benefit from, to a client or service user.
• A temporary worker using confidential information obtained through {{org_field_name}} for personal or financial gain.

8. Identifying and Declaring Conflicts of Interest

8.1 Responsibilities of Staff

All staff, including temporary workers, must:

• Proactively assess situations where a conflict may arise.
• Promptly report any potential or actual conflict of interest to the director(s).
• Complete a Conflict of Interest Declaration Form, where applicable.
• Cooperate with {{org_field_name}} to resolve any declared conflict.

8.2 Responsibilities of the Director(s)

The director(s) will:

• Ensure that all conflicts are appropriately recorded, assessed, and managed.
• Support staff in recognising conflicts through induction and ongoing training.
• Make final decisions on the management of identified conflicts.
• Record actions taken in a Conflict of Interest Register.
• Prevent deployment where a conflict may result in unsafe care or reputational damage.

9. Managing Declared Conflicts of Interest

Conflicts of interest will be managed based on their nature and severity. Actions may include:

• Reassigning staff to an alternative client.
• Removing individuals from involvement in recruitment, placement, or decision-making processes where a conflict exists.
• Declining or returning gifts and hospitality.
• Making appropriate disclosures to clients, commissioners, or regulatory bodies where necessary.

Where an individual refuses to declare or cooperate with the resolution of a conflict, disciplinary action may be taken, up to and including termination of engagement.

10. Gifts and Hospitality

10.1 Acceptable Practice

Minor gifts (e.g., chocolates or thank-you cards) given to staff by service users or clients may be accepted if:

• The gift is of nominal value.
• Acceptance does not influence professional behaviour.
• The gift is declared to the director(s) for transparency.

10.2 Unacceptable Practice

Staff must not:

• Accept cash or vouchers.
• Accept valuable gifts or repeated gifts.
• Solicit gifts, favours, or hospitality from clients, service users, or suppliers.
• Accept hospitality that could be perceived to influence professional judgement.

All gifts and offers of hospitality must be recorded in the Gifts and Hospitality Register maintained by the director(s).

11. Confidentiality and Data Protection

Information regarding declared conflicts of interest will be:

• Treated confidentially.
• Shared only with individuals who need to know for resolution and decision-making.
• Retained securely in line with the Data Protection Act 2018 (GDPR) and the {{org_field_name}} Data Protection and Confidentiality Policy.

12. Training and Awareness

All staff will receive:

• Induction training on recognising and managing conflicts of interest.
• Annual updates as part of mandatory training.
• Additional guidance where role-specific risks of conflict are higher.

Temporary workers will not be assigned to shifts until they have confirmed understanding of this policy.

13. Monitoring and Audit

The director(s) will:

• Maintain a Conflict of Interest Register.
• Audit compliance with this policy at least annually.
• Review all conflict declarations and resolutions.
• Ensure that lessons learned are incorporated into staff training and operational procedures.
• Include conflict of interest considerations in incident investigations and quality audits.

14. Whistleblowing and Reporting Concerns

Staff are encouraged to raise concerns regarding undisclosed or unmanaged conflicts of interest via the:

• Line of supervision (report to the director(s)).
• {{org_field_name}} Whistleblowing Policy.
• Care Quality Commission (CQC), if concerns relate to unsafe care or regulatory breaches.

Staff who raise concerns in good faith will be protected from detriment under the Public Interest Disclosure Act 1998.

15. Director(s) Oversight

As {{org_field_name}} does not have a Registered Manager, the director(s) are responsible for:

• Ensuring this policy is implemented, followed, and reviewed.
• Maintaining all associated registers and documentation.
• Reviewing all conflict declarations.
• Making final decisions where conflicts arise.
• Reporting serious conflicts or unresolved issues to relevant regulatory bodies, such as the CQC or commissioners.
• Ensuring no individual is adversely affected for disclosing a conflict in good faith.

16. Policy Review

This policy will be reviewed annually by the director(s) of {{org_field_name}}, or sooner if:

• Legislation, guidance, or good practice standards change.
• Issues identified through audits, complaints, or incident investigations require amendments.
• Requested by commissioners, regulators, or other stakeholders.

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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.