Conflict of interest policy

Policy prepared by: Jackie Green and Aimee Crane
Approved by board / management on: 07.11.2023
Policy became operational:  07.11.2023
Next Review date:  07.11.2024
Signed: A.Crane
Designation:  Aimee Crane, Operations Director
Last Review Date: 07.11.2023
Version: 1.0

 

INTRODUCTION 

This Policy sets out how Think Therapy 1st (TT1st) will effectively manage conflicts of interest to ensure that customers and clients maintain trust in the company. The Policy will ensure that TT1st can ensure that therapist supplied, the company and any third-party services procured by TT1st can withstand scrutiny and challenge.

The Policy should also provide confidence that TT1st decisions are robust, fair, and transparent and offer value for money.

Conflicts of interest can arise in many situations and environments. 

This Policy has been developed to ensure TT1st safeguard clinically led decisions enabling the company to demonstrate that it is acting fairly and transparently and in the

best interest of our clients and customers. The policy aims to identify where conflicts may arise (perceived and actual) and to manage them if they do. These include: 

 

TT1st recognises that conflicts of interest are on occasions unavoidable and therefore has arrangements in place to manage them.  TT1st will support its staff and associates in this process.

DEFINITION OF AN INTEREST

A conflict of interest is a set of circumstances by which a reasonable person would consider that an individual’s ability to apply judgement or act, in the context of

delivering, commissioning, or assuring health and care services is, or could be, impaired by another interest they hold.

 

A conflict of interest may be:

interests in the future

Bribery and Corruption 

The Ministry of Justice, in its Guidance on the Bribery Act 2010, presents six principles for implementing adequate procedures to prevent bribery. These are: Proportionality; Top-Level Commitment; Risk Assessment; Due Diligence; Communication; and Monitoring and Review

All employees, and associates should be aware that committing an act of bribery is an offence. Any suspicions or concerns of acts of fraud or bribery will be reported to Managing Director for investigation in the first instance, or reported using the company Whistleblowing procedure.

 

PROCUREMENT OF THIRD PARTY SERVICES.

A perception of wrongdoing, impaired judgement or undue influence can be as

detrimental as any of them actually occurring; if in doubt, it is better to assume the existence of a conflict of interest and manage it appropriately rather than ignore it.

TT1st will carefully consider commissioning 3rd party services for the provision of input where there is known conflict, or potential conflict, between the interests involved in procuring such services and the interests in providing them. If there is a known potential conflict but it is considered that they are reasonable, clinically relevant and/or there are cost benefits, and to discount a provider would be detrimental to the client, this will be notified to the referring parties and client for consideration and agreement. TT1st will 

Staff and associates may hold interests for which they cannot see potential conflict. However, caution is always advisable because others may see it differently. It will be important to exercise judgement and to declare such interests where there is otherwise, a risk of imputation of improper conduct. The perception of an interest

can be as damaging as an actual conflict of interest.

Individuals working on behalf of TT1st with association with any 3rd party services must ensure that they are aware of their obligations and are responsible for declaring any interests. This is a contractual requirement.

 

Therapist conflict of interest 

TT1st aims to provide treating therapists who are local to their client for ease of frequent visits and cost-effective travel costs to the customer. Many of our external associates work in statutory services including the NHS or social care or work in an independent capacity, for example as an expert witness as an adjunct to their work with TT1st.  

 

It is the responsibility of the treating therapist to understand their responsibility within any other contracts where acceptance of work from TT1st would place them at risk of conflict of interest. Due to conflict-of-interest, therapists are prohibited from accepting a case as a treating therapist where they are already instructed as an expert and vice versa.

 

In situations where due to geography or specialism it is preferable for a specific therapist to work with a client, but their employer perceives a potential conflict of interest, TT1st will support the associate to discuss this and see if a resolution can be found to manage the conflict rather than clients going without. 

 

DECLARATION OF INTERESTS

TT1st will ensure that individuals declare any conflict or potential conflict in relation to a decision or potential decision as soon as they become aware of it.  This relates to employed staff, students and trainees (including apprentices); and external self-employed associates, staff.

 

Declaration of Gifts 

Staff and associates working in this sector are often offered gifts as an expression of gratitude. However, the acceptance of gifts could give rise to real or perceived conflicts of interests, or accusations of unfair influence, collusion or canvassing. Staff and associates are encouraged to decline offers/receipt of gifts and hospitality from clients and customers. Where to do so would cause offence, these must be declared using the appropriate form and will be entered onto the register. Declarations of receipt of gifts and hospitality should be made as soon as reasonably practicable. TT1st will ensure that robust processes are in place to ensure that individuals do not accept gifts or hospitality or other benefits, which might reasonably be seen to compromise their professional judgement or integrity. 

 

Gifts from 3rd party services doing business (or likely to do business) with

the TT1st therapist may be accepted where they are under the value of a common

industry standard of £10. These gifts do not need to be declared but staff should notify their line managers when a gift is accepted. All gifts over the value of £10 should be declined and declared by completing a Gifts and Hospitality Declaration Form and recorded on the gifts and hospitality register. 

 

The Gifts and Hospitality Declaration Form is downable from Qunote Key Documents, and should be completed in full and emailed to Admin who will save the information and update the Gifts and Hospitality Register. 

 

Disciplinary Implications

Individuals who fail to disclose any relevant interests or who otherwise breach this policy will be subject to investigation and, where appropriate, to disciplinary action

in accordance with the employer’s handbook. In the case of external associates this may result on termination of contract and potentially referral to the HCPC. 

 

DUTY OF CARE AND CONFLICT OF INTEREST  

Think Therapy 1st have a responsibility to maintain standards and professional integrity in accordance with the HCPC and the Royal College of Occupational Therapists requirements, including the ethical and legal obligations of health care professionals under a Duty of Care. These duty of care requirements include, Welfare (protecting people from harm, abuse and injury), Compliance (following regulations and rules relating to the duty of care) and Good practice (taking an effective and proven approach to care). In the event that a legal party,  3rd party, client or other requests that a therapist withhold relevant information resulting in a potential breach of these duties, the company will make a best interest decision. The decision will be made in collaboration with the client/referrer(s) where possible and based upon our duty of care to the client, and/or legal or ethical obligation.   Where this may result in a conflict of interest with referring parties or external providers TT1st considers that its legal, ethical and moral obligations remain paramount for example, safeguarding, whistleblowing (see separate policies) and reporting to the DVLA.