Anti-fraud policy

Last updated: 19 February 2024

• Why do we need this policy?
• Who needs to follow this policy and why?
• What’s our policy and how will we implement it?
• Roles and responsibilities
• Specific risk mitigation measures
• Related policies, procedures and information sources
• Queries
• Definitions
• Version history

Why do we need this policy?

The purpose of this policy is to provide (both of the following):

• definitions of fraud, bribery and corruption
• an overview of responsibilities for reporting in the event of suspected, attempted or actual fraud, bribery or irregularity

Who needs to follow this policy and why?

​​This policy applies to (all of the following):

• ​our people
• ​our board
• ​our partners

​Bribery, fraud and corruption have corrosive effects within society in the UK and around the world. We are all responsible for reporting all suspicions of fraud, bribery or corruption, and for acting with honesty and integrity at all times. We must do so to (do all of the following):

• ​safeguard public funds
• tackle all forms of financial impropriety and corruption
• ​uphold our values and comply with the law (in particular The Bribery Act 2010)

What’s our policy and how will we implement it?

We have adopted several procedures to minimise the risk of fraud, bribery and corruption:

• our employee code of conduct
• our internal systems of control and assurance. This includes training, standard operating procedures, performance reporting and review
• our travel and expenses policy and booking systems
• the gifts and hospitality policy provides guidance as to how employees, partners and board members should deal with and report any gifts or hospitality they are offered
• any employee, partner or board member who is offered gifts or hospitality should record this on the gifts and hospitality register (whether they accept or decline)
• we require all board members to complete an annual declaration of interests, hospitality and gifts
• we require all executive directors to complete the register of gifts and hospitality annually
• we will select any individual, organisation or supplier working with (or on behalf of) us through a transparent and, wherever possible, competitive selection method 
• we are committed to ensuring due diligence has been carried out on third parties who work with (or on behalf of) us prior to entering contracts

Reporting a concern

People should immediately report any suspected or actual instances of fraud, bribery or corruption. This includes (any of the following):

• offers to pay bribes
• solicitation of bribes
• demands to make facilitation payments

Failure to report could result in disciplinary action. Reports should be made to the head of finance and commercial (or the executive director for people and business support, if the concern relates to the head of finance and commercial). If individuals are not comfortable reporting their concerns to these role-holders, they should contact the CEO.

In the event of a report being made to the head of finance and commercial, they will inform the executive director for people and business support. The executive director will then inform the CEO.

The executive director for people and business support and the CEO will decide the appropriate course of action. This includes informing (any of the following):

• the chair of the board
• the chair of the audit risk and assurance committee
• other key stakeholders (if necessary)

In deciding the appropriate course of action and who needs to be informed, the CEO and executive director will consider whether the concern has had (or may have) a material impact on (any of the following):

• Social Work England
• registered social workers
• the public
• other stakeholders

Investigation and sanctions

We take all reports of actual or suspected fraud, misuse of public money, bribery and corruption seriously. We will investigate proportionately and appropriately, as set out in this policy.

Where staff or partners are involved, the resulting actions may include (any of the following):

• disciplinary procedures
• contract termination, dismissal or removal
• criminal prosecution

Where a board member is involved, they may be removed from the board.

Certain offences carry criminal liability for corporate entities as well as individuals. Sanctions include significant fines and/or imprisonment.

Referral to external agencies

The chief executive will decide whether, and at what stage, a concern should be reported to the police or other external agency. For example, the Serious Fraud Office (SFO).

Recovery action

We will make all efforts to recover any gain, asset and/or benefit which has been obtained through a fraudulent act or where public money has been misused.

Where we have identified a loss, we may obtain legal advice about the need to trace and/or freeze a person’s assets through the court (pending conclusion of the investigation). We will also obtain legal advice relating to the recovery of losses through the civil and criminal courts or deducting losses from any salary payments.

During an investigation, an individual may offer to repay the amount that they have obtained improperly. The investigating officer must neither solicit nor accept such an offer. This is because it may be construed as having been obtained under duress. The investigating officer should record any offer and refer it to the executive director of people and business support.

Reporting to our chair and chair of the audit, risk and assurance committee

During any investigations of a material impact relating to impropriety, we will report our progress to (both of the following):

• our chair
• the chair of the audit, risk and assurance committee

We will share (all of the following):

• a description of the incident, including (all of the following):
  • the value of any loss
  • the people involved
  • the means by which public money was misused or fraud perpetrated
• the measures we have taken to prevent a recurrence
• any action needed to strengthen future responses to fraud or ensure public funds are appropriately used
• a follow-up report on whether these actions have been taken

Roles and responsibilities

Our people, board and partners

​​​We expect everyone working with and for us to always to be aware of the possibility of fraud, bribery, corruption and theft in the workplace. They should (do all of the following):

• ​act with integrity and promptly share any concerns they may have
• follow our employee code of conduct and relevant policies and procedures at all times
• ​complete mandatory training in relation to bribery, corruption and fraud
• ​ensure that all Social Work England resources, including money, equipment and staff time are used appropriately and efficiently. Intentional misuse of resources to benefit an employee or another person can fall within the definition of fraud
• refuse to give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given
• ​not give or accept a gift or hospitality during any commercial negotiations or tender process (if this could be perceived as intended or likely to influence the outcome)
• ​not accept a payment, gift or hospitality from a third party, knowing or suspecting it is offered with the expectation that we will provide a business advantage for them (or anyone else) in return
• not accept hospitality from a third party that is unduly lavish or extravagant
• not discourage, threaten or retaliate against another individual who has raised concerns under this policy
• always ask for advice and guidance if they are uncertain about anything

Specific risk mitigation measures

To manage the exposure to bribery and corruption, everyone should comply with our employee code of conduct and all relevant policies and procedures. In particular, our procurement guidelines, policy on travel and expenses and policy on gifts and hospitality. No employee should give or receive a payment, gift or service without notifying the head of financial and commercial for approval first.

Conflicts of interest increase the risk of fraud. All staff who have an interest in an actual or potential supplier must report this to the head of finance and commercial. This is expected whether they know the supplier personally, or through family members, close friends or associates.​

Related policies, procedures and information sources

• ​​Internal whistleblowing policy
• ​Gifts and hospitality policy and register
• ​Travel and expenses policy
• ​Employee code of conduct
• ​Procurement and commercial guidelines

Queries

If you have a query about this policy, please contact the head of finance and commercial.

Definitions

Fraud

​​Fraud is a dishonest act which is committed with the intention of making a gain, or causing loss, or risk of loss to another. The Fraud Act 2006 defines three class of fraud:

1. Fraud by false representation

​This is to dishonestly make a false (i.e. knowingly untrue or misleading) express or implied representation of fact or law to a person, system or device, with the intention to make a gain themself or for another, or to cause loss to another or to expose another to a risk of loss.

2. ​Fraud by failing to disclose information

​This is to dishonestly fail to disclose to another person information which they are under a legal duty to disclose with the intention to make a gain themself or for another, or to cause loss to another or to expose another to a risk of loss.

​3. Fraud by abuse of position

​This is where a person occupies a position in which they are expected to safeguard, or not to act against, the financial interests of another person, and dishonestly abuses that position, by an act or omission, with the intention to make a gain themself or for another, or to cause loss to another or to expose another to a risk of loss.​

Corruption

Corruption is the abuse of entrusted power for private gain and often involves bribery. It may include impropriety, fraud, theft, loss of assets, or other irregularity.

Bribery

Bribery is defined as giving someone a financial or other advantage, to encourage that person to perform their functions or activities improperly, or to reward that person for having already done so.

The Bribery Act 2010 requires our people, board and our partners to not either directly or indirectly (do any of the following):

• pay or offer a bribe
• receive or request a bribe
• bribe a foreign public official

Bribery includes seeking to influence a decision maker by giving some kind of extra benefit which amounts to more than can legitimately be offered as part of a tender process.

Social Work England must take adequate steps to ensure it does not commit the corporate offence of “failing to prevent bribery” by our staff, partners, board and also by our associates.

“Associates” means anyone doing business on our behalf under a contract for services anywhere in the world.

Version history

• Version number: 2.2
• Last reviewed: January 2024
• Next review date: January 2025
• Policy owner: Executive director - people and business support