Anti-Bribery and Anti-Corruption

1. Purpose

Care Cove Alternative Provision is paid with public money to support vulnerable children. We have zero tolerance of bribery, corruption and fraud. This policy sets out the adequate procedures we keep under the Bribery Act 2010 and the policies, reporting and records required by our contracts with commissioning local authorities.

2. Scope

This policy applies to directors, staff, SWMC members, volunteers and anyone performing services for us or on our behalf, including supply staff from First Class Teachers, counsellors from My Solution Wellbeing, sessional tutors and suppliers. It covers our dealings with commissioners, schools, suppliers, partners, employers and families.

3. Law and contract

3.1 The Bribery Act 2010

• It is an offence to offer, promise or give a bribe (section 1), to request, agree to receive or accept a bribe (section 2) and to bribe a foreign public official (section 6).

• A commercial organisation commits an offence if someone performing services for it bribes another person to get or keep business or an advantage for it (section 7). The only defence is that the organisation had adequate procedures to prevent bribery.

• Individuals face up to 10 years in prison and an unlimited fine; organisations face an unlimited fine.

The Ministry of Justice guidance sets six principles for adequate procedures: proportionate procedures, top-level commitment, risk assessment, due diligence, communication (including training), and monitoring and review. This policy follows them.

3.2 Our contracts with commissioning local authorities

Our contracts with commissioning local authorities require us to:

• not commit a prohibited act. This means directly or indirectly offering, promising or giving anyone working for or engaged by a commissioning local authority a financial or other advantage as an inducement or reward for improper performance in relation to obtaining any agreement; requesting, agreeing to receive or accepting such an advantage for improper performance in connection with our contracts; committing any offence under the Bribery Act or concerning fraud; or defrauding, attempting to defraud or conspiring to defraud a commissioning local authority;

• not do or omit to do anything that would cause a commissioning local authority or its staff to breach the law on bribery, corruption and fraud;

• have and maintain in place our own policies and procedures to ensure compliance with the law on bribery, corruption and fraud and prevent any prohibited act;

• promptly report to the commissioning local authority any request or demand for any undue financial or other advantage of any kind received by us in connection with our work for it;

• maintain appropriate and up to date records showing all payments made by us in connection with our contracts and the steps taken to comply with these obligations;

• tell the commissioning local authority promptly if we could no longer confirm that neither we nor our staff have committed a prohibited act, are under investigation for a similar act in relation to a public body, or have been listed as barred from government contracts on those grounds.

4. Roles and responsibilities

5. What bribery looks like here

A bribe is any financial or other advantage (money, gifts, hospitality, favours, a job, a placement, a donation) offered, given, requested or accepted to make someone act improperly, or as a reward for doing so. Our main risks are:

• offering school staff or local authority officers gifts, hospitality or favours to win referrals, contract decisions or good monitoring reports;

• a supplier (transport, food, equipment, ICT) offering a gift or "commission" to win our business;

• a family offering money or gifts to change an attendance record, a report or a plan;

• an employer or agency offering an inducement in return for placements or work;

• recruiting someone as a favour;

• falsifying registers or invoices, which is fraud against the school or the commissioning local authority.

6. Gifts and hospitality

• Never accept cash or cash equivalents (vouchers, gift cards, loans) from anyone, of any value.

• Small tokens from learners and families, such as a card or a box of chocolates, worth up to £25, may be accepted and must be entered in the register. Anything worth more is politely declined. If refusing would cause real offence, accept it on behalf of Care Cove, record it and let the Director decide what happens to it.

• Anything from a commissioner, school, supplier, potential supplier, partner or employer must be declared in the register, whatever its value, and approved by the Director before it is accepted. Nothing is accepted from anyone involved in a procurement, contract review or dispute with us.

• Never give gifts or hospitality to local authority officers or to school staff involved in referrals, commissioning or monitoring, beyond light refreshments at a working meeting.

• Hospitality we give or receive must have a genuine business purpose, be modest and be declared in advance.

The register records the date, giver and receiver, description, estimated value, whether it was accepted or declined, and who approved it. The SWMC reviews it every year and commissioning local authorities can see it on request.

7. Facilitation payments

Facilitation payments are small unofficial payments to speed up a routine action. They are bribes and are never allowed. The only exception is where someone demands payment under threat to your personal safety. Pay only to keep yourself safe, then report it to the Director immediately so it can be recorded and reported.

8. Suppliers, partners and subcontractors

• Before using a new supplier or partner, we carry out checks in proportion to the risk: who owns it, references, and any links to our staff or to commissioning local authorities.

• Written agreements include anti-bribery terms. Our subcontractors must accept the same anti-bribery obligations we have. We subcontract only with the commissioning local authority's express prior written consent.

• We choose suppliers on quality, value and social value, including local SMEs and voluntary and community organisations, never for personal benefit. For significant purchases we get more than one quote and record why we chose the supplier.

• We pay only against invoices for goods or services received, into a business bank account in the supplier's name, never in cash or to a personal account.

• Any link between a supplier and a member of staff is handled under the Conflicts of Interest policy.

9. Political and charitable donations

• Care Cove makes no political donations.

• Charitable donations, sponsorship and in-kind support are made only with the Director's written approval, and are recorded. They are never made to influence a decision, and never to an organisation linked to a local authority officer or school leader involved with our contracts.

• Support to Dreams Are Real CIC, where the Director is also a director, must be declared and approved by the SWMC under the Conflicts of Interest policy.

10. Records and payments

• We keep up-to-date records of all payments made in connection with our contracts, and of the steps we take to prevent bribery: this policy, the risk assessment, the gifts and hospitality register, supplier checks, training records and any reports made.

• Our accounts are complete and accurate. There are no off-book accounts or undocumented payments.

• Invoices to commissioning local authorities are raised only against a purchase order and from the electronic register in Care Cove Connect. School invoices are drawn from the same register. Registers are never altered to change what is billed; corrections are made as linked entries with a reason.

• Expenses need receipts and approval by someone other than the claimant. The SWMC Chair reviews the Director's expenses each term.

• Records are kept for as long as the law and our contracts require.

11. Reporting concerns

If you are offered or asked for a bribe, or suspect bribery, corruption or fraud:

1. Say no, and do not confront or investigate anyone yourself.

2. Tell the Director the same day. If the concern is about the Director, tell the SWMC Chair. You can also use the Whistleblowing policy, and you are protected by the Public Interest Disclosure Act 1998.

3. The Director (or SWMC Chair) records the concern, investigates and decides next steps, including a report to the police or Action Fraud where a crime may have been committed.

4. The Director promptly reports to the commissioning local authority any request or demand for an undue advantage received in connection with our work for it. The Director emails the commissioning local authority's contract manager the same day.

5. The Director tells the commissioning local authority promptly if Care Cove or any of its staff become subject to an investigation for bribery, corruption or fraud.

Nobody will suffer for refusing to pay or accept a bribe, or for raising a concern in good faith, even if they turn out to be mistaken.

12. Risk assessment

Each year the Director records a bribery risk assessment covering referrals and commissioning relationships, purchasing, invoicing and registers, recruitment, work placement employers, gifts from families and transactions with connected organisations. The SWMC reviews it with this policy.

13. Training

All staff and volunteers learn about this policy at induction, with a reminder every year. The Director and Administrator receive more detailed training. Partners and key suppliers are given a copy of this policy.

14. Consequences

A breach of this policy by a member of staff is a disciplinary matter and may be gross misconduct leading to dismissal. We will report suspected crimes to the police. A breach by a partner or supplier may lead to the end of our agreement with them.

15. Monitoring and review

The SWMC reviews the gifts and hospitality register and the risk assessment every year, and this policy every year or sooner after a concern, a change in law or a contract change.

16. Related policies

• 31 Conflicts of Interest
• 04 Whistleblowing
• 21 Staff Code of Conduct
• 02 Safer Recruitment
• 23 Modern Slavery and Ethical Sourcing
• 17 Data Protection, Retention and Information Sharing
• 27 Work Experience and Vocational Placements

Document control and ratification

This policy is signed off by the Designated Safeguarding Lead and the Head of Alternative Provision, and ratified by the Social Work Management Committee. It is reviewed every year, or sooner after an incident or a change in law, statutory guidance or contract requirements, and it is available to any commissioning local authority on request.