Supporting Children & Family

Sunshine Children's Centre Charity

Gifts, Hospitality & Conflicts of Interest Policy

November 2008

This policy applies to Trustees and Staff and should be read in conjunction with the register and declaration of interests form.

1. WHY WE HAVE A POLICY

Trustees have a legal obligation to act in the interests of the charity and in accordance with the charity's governing document. Staff and volunteers have similar obligations.

Conflicts of interests may arise where an individual's personal, professional or family interests and/or loyalties conflict with those of the charity. Such conflicts may create problems; they can:

Inhibit free discussion
Result in decisions or actions that are not in the interests of the charity
Risk giving the impression that the charity has acted improperly.

2. THE DECLARATION OF INTERESTS

Accordingly, we are asking all Trustees and Staff to declare their interests, and any gifts or hospitality received in connection with their role in the charity. A declaration of interests form is provided for this purpose, listing the types of interest you should declare.

Interests will be recorded on the charity's register of interests, which will be maintained by the company secretary. The register will be accessible by application in writing to the Chair of the Committee.

Trustees becoming aware of a new, actual or potential conflict of interest should give notice of it to the Secretary to enable him/her to update the Conflicts Register.

The Secretary should include in his/her report for each Trustee's meeting, details of any contracts/agreements to be entered into prior to the next meeting of Trustees and any potential conflicts identified from a check of the register.

If you are not sure what to declare, or whether/when your declaration needs to be updated, please err on the side of caution. If you would like to discuss this issue, please contact the company secretary for confidential guidance.

3. DATA PROTECTION

The information provided will be processed in accordance with data protection principles are set out in the Data Protection Act 1998. Data will be processed only to ensure that Trustees and Staff act in the best interests of the charity. The information provided will not be used for any other purpose.

What to do if you face a conflict of interest

Any Trustee, who has a financial interest in a matter or discussion, should declare the nature of his/her interest and withdraw from the room, unless he/she has a dispensation to speak.

If a Trustee has any interest in the matter under discussion, which creates a real danger of bias, that is, the interest affects him/her, or a member of his/her household, more than the generality affected by the decision, he/she has declare the nature of the interest and withdraw from the room, unless you have a dispensation to speak.

If a Trustee has any other interest such as employment or appointment to the Board of another organisation, which might reasonably cause others to think it could influence their decision, he/she should declare the nature of interest, but may remain in the room, participate in the discussion and vote if so wished.

A Trustee may, however, participate in discussion from which he/she may indirectly benefit, for example, where the benefits universal to all users, or where the benefit is minimal.

If in any doubt about the application of these rules, Trustees should consult with the Chair.

If Trustee's fail to declare, an interest that is known, to the company secretary and/or the Chairman of the Board, the secretary or chairman will declare that interest.

4. DECISIONS TAKEN WHERE A TRUSTEE OR MEMBER OF STAFF HAS AN INTEREST

In the event of the Board having to decide upon a question in which a Trustee or a member of staff has an interest, all decisions will be made by vote, with a simple majority required. A Quorum must be present for the discussion and decision; interested parties will not be counted when deciding whether the meeting is quorate. Interested Board members may not vote on matters affecting their own interests.

All decisions under a conflict of interest will be recorded by (the company secretary) and reported in the minutes of the meeting. The report will record:

The nature and extent of the conflict
An outline of the discussion
The actions taken to manage the conflict

Where a Trustee benefits from the decision, this will be reported in the annual report and accounts in accordance with SORP 2000.

Independent external moderation will be used where conflicts cannot be resolved through the usual procedures.

5. Managing Contracts

If you have a conflict of interest you must not be involved in managing or monitoring a contract in which you have an interest. Monitoring arrangements for such contracts will include provisions for an independent challenge of bills and invoices, and termination of the contract if the relationship is unsatisfactory.