Conflicts of Interest
In 2017, NHS England published new rules on conflicts of interest which relate to all staff and are contained within the new Managing Conflicts of Interest Policy.
All employees must declare instances where they, a close relative or associate, have a controlling and/or significant personal interest (including friendships) in any business, or any other activity or pursuit, which may compete for an NHS contract to supply goods or services.
Similarly, the Trust expects employees to declare personal interests (including directorships or other appointments) in any business venture or activity that could be perceived to have a connection to any healthcare provision or in any way be linked to their main employment with the Trust (e.g. provision of private treatment, private nursing or residential home).
Employees with such an interest should complete the new style register of interest form within 28 days of the interest being identified and return it to firstname.lastname@example.org.
In addition, staff are also required to make declarations, using the form, where they:
- are offered gifts or hospitality above a certain level (see policy);
- are offered sponsorship for events, research, posts or products/equipment;
- wish to take on private practice;
- hold a position of authority in another NHS organisation or commercial, charity, voluntary, professional, statutory or other body which could be seen to influence decisions they take in their NHS role, or sit on advisory groups or other paid or unpaid decision making forums that can influence how an organisation spends taxpayers’ money, or are, or could be, involved in the recruitment or management of close family members and relatives, close friends and associates, and business partners;
- are offered charitable donations;
- hold patents and other intellectual property rights (either individually, or by virtue of their association with a commercial or other organisation), including where applications to protect have started or are ongoing, which are, or might be reasonably expected to be, related to items to be procured or used by the organisation;
- hold any shareholdings and other ownership interests in any publicly listed, private or not-for-profit company, business, partnership or consultancy which is doing, or might be reasonably expected to do, business with CWPT .
Further advice/information can be sought from the Corporate Affairs team, 02476 536673 or email email@example.com.
Some staff are more likely than others to have a decision making influence on the use of taxpayers’ money, because of the requirements of their role. Such staff will be required to submit an annual declaration, even if it is a nil return.
The Trust has defined such staff as the following:
Executive and Non-Executive Directors
AFC 8d and above and consultants
Members of advisory groups which contribute to direct or delegated decision making on commissioning or provision of services
This will include - All staff within Pharmacy, IT and Procurement teams who have the power to enter into contracts on behalf of their organisation and are involved in decision making concerning the commissioning of services, purchasing of goods, medicines, medical devices or equipment, and formulary decisions
Admin and clinical staff who have the power to enter into contracts
Admin and clinical staff involved in decision making re commissioning of services, purchasing goods, medicines, medical devices or equipment or formulary decisions
Current Conflicts of Interest information can be found in the documents below.
- Decision Maker COI 2020 for publication June 2020.xlsx [xlsx] 49KB
Copies of all interests declared are to be published on the Trust’s website.
Finally, in common with other NHS bodies, CWPT has a variety of different groups that make key strategic decisions about things such as entering into (or renewing) large scale contracts, awarding grants, making procurement decisions or selection of medicines, equipment, and devices.
The interests of those who are involved in these groups should be well known so that they can be managed effectively. For CWPT these groups are:
- Trust Board
- Trust Board Committees
- Capital and Revenue Investment Group
- Drug and Therapeutics Committee
Chairs of these groups should consider any known interests of members in advance, and begin each meeting by asking for declarations of interest. Members should take personal responsibility for declaring interests at the beginning of each meeting and as they arise. Any new interests identified should be declared.
If a member has an interest the chair should consider the following approaches and ensure that the reason for the chosen action is documented in minutes or records:
- requiring the member to not attend the meeting.
- excluding the member from receiving meeting papers relating to their interest.
- excluding the member from all or part of the relevant discussion and decision.
- noting the nature and extent of the interest, but judging it appropriate to allow the member to remain and participate.
- removing the member from the group or process altogether.
Further information can be found: