Conflict of Interest
1. Introduction
The Charity Commission defines a conflict of interest as any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent them from making a decision solely in the best interests of the charity. This document describes the types of conflict of interest which may compromise the tPCA and our approach to managing them.
2. Types of Conflict of Interest
Financial Conflict of Interest: These conflicts occur when a trustee, employee or volunteer, or a person or organisation connected to them, could receive financial benefits or other value from their decision. Common examples include:
- Paying the trustee for their trustee role beyond reimbursed expenses.
- Employing or paying the trustee or volunteer for work at tPCA.
- Employing or paying the relative of a trustee, employee or volunteer for work at tPCA
- Selling, loaning, or leasing tPCA assets to the trustee, employee or volunteer.
- Buying, borrowing, or leasing assets from the trustee, employee or volunteer.
- Purchasing goods from a business owned by the trustee, employee or volunteer.
Loyalty Conflict of Interest: These conflicts arise when a trustee, employee or volunteer’s loyalty or duty to another person or organisation could prevent them from making decisions solely in the best interests of the tPCA. Such situations might involve:
- The trustee’s or volunteer’s employer.
- Another charity where they are also a trustee, employee or volunteer
- Their own business interest as a therapist, supervisor or trainer
- Their relatives or friends.
Even if a perceived conflict of interest is not actual, it is essential to manage the risk and explain how decisions are made in the best interest of tPCA. Trustees, employees and volunteers have an individual responsibility to declare conflicts of interest.
Trustees, employees and volunteers must:
- Declare the nature and extent of any interest, direct or indirect, in any proposed or ongoing transaction or arrangement with the tPCA that has not been previously declared. Opportunity for declaration will be made at the start of each trustee group meeting and recorded in the minutes.
- Where a conflict of interest is declared the person must be absent from any discussions or votes in which a conflict of interest may arise between their duty to act solely in tPCA’s interests and any personal interest, including financial interests. This must be recorded in the meeting minutes.
Payment of reasonable expenses does not create a conflict of interest or require authorisation.
Benefits that can and cannot be claimed by trustees, employees and volunteers involved in organising events on behalf of tPCA is described separately in the Events Policy.
3. Dual Relationships
Given the personal and professional overlap in the world of counselling, is essential that trustees, employees and volunteers manage dual relationships ethically. This includes relationships such as student/teacher, counsellor/client, supervisor/supervisee, counselling agency manager/counselling employee, and placement manager/student on placement.
- Incoming trustees, employees and volunteers must declare any existing relationships with current trustees, employees and volunteers. The Trustee Group must be sure they will work in tPCA’s best interests and not be influenced by the existing relationship.
- Incoming trustees, employees or volunteers with a current or recent (within two years) counsellor/client relationship with a current trustee, employee and volunteer is not able to join the trustee group. If such a relationship ended more than two years ago and both parties believe they can act independently, they may join, but must disclose the relationship.
- Trustees, employees and volunteers should avoid starting new dual relationships with other trustees, employees and volunteers. If unavoidable, the relationship must be declared to the Trustee group.
Declared relationships will be noted in Trustee Group meeting minutes.
Policies are agreed by the Trustee Group. Policies are reviewed every three years when changes in practice or legislation require incorporation into existing policies. If the next review date has expired and the policy has not yet been updated, this version of the policy is still applicable. |
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Date agreed by Trustee Group |
4 August 2024 |
Date for next review |
4 August 2027 |