Conflict of Interest
This policy
Policy ? two parties to a dispute.
Procedure to avoid conflict of interest ? outset of case.
Name check - stage 1
Name check ? stage 2
Dealing with conflict of interest.
Conflict during a case
Policy ? enquiries about other Age Concern services
Complaints about other ACOT services
Enquiries about products that ACOT may sell
. False information from client
Potential legal action against Age Concern Okehampton and Torridge
This policy
This policy looks at how Age Concern Okehampton and Torridge [ACOT] ensures that conflict of interest is avoided.It considers what circumstances might ACOT have a Conflict of Interest.
o Where both parties to a dispute approach ACOT for Information and Advice ? see parts A to F.
o Where an ACOT worker or trustee is a party to the dispute that the client is seeking advice about. See parts A to F.
o Where the client asks for information or advice about choosing a product or service that ACOT sells as part of its trading activities. See parts G to I.
o Where a client wishes to complain about ACOT , one of its services or one of its workers. See parts G to I.
o Where a client presents information that the I & A worker knows to be false. See part J.
o Where a legal issue arises where potential action could be taken against ACOT. See part K. Back to top
Policy ? two parties to a dispute.
ACOT cannot offer advice to both parties as it cannot act in the best interests of both clients and its impartiality could be questioned.It may offer preliminary information to any caller on first contact with the service but should not knowingly offer advice to the second party in any dispute once the first party has consulted it.
Similarly, it cannot advise a party in dispute with someone who is part of ACOT or its trustees. Back to top
Procedure to avoid conflict of interest ? outset of case.
In many cases dealt with by the I & A service there will be no conflict of interest in relation to the other party because ACOT will not be advising that party ? e.g. in welfare benefits cases where the other party is the benefits Agency.However in some cases there will be a conflict of interest ? e.g:
o Client has a housing problem and the Landlord is a member of the Board of Directors
o The adult daughter of an older person contacts ACOT wanting help to challenge a statutory assessment of her mother?s ability to continue living in the community ? she thinks her mother should be admitted to residential care.
o But the mother may be happy to remain living with her daughter. The I & A service needs to decide whi it is working on behalf of ? the daughter or the mother. If it is the mother, the service needs to act on her wishes, rather than thye daughter?s.
o Client wants to complain about a solicitor who she believes messed up her late husband?s will. The solicitor is the husband of the I & A worker.
If it is clear from initial information that ACOT would not find itself advising two parties in dispute and it would not involve a member of staff, volunteer or trustee no further check needs to be made.
In all other cases, the name check procedure outlined below, must be followed. Back to top
Name check - stage 1
The I & A worker must find out who the other parties may be in relation to the clients enquiry and whether there could be any conflict between them.For example, in a debt case, a debt may be in joint names; but one party may deny liability. In this situation ACOT could not advise both parties. There is no need to check then name of the finance company but the name of the other party must be checked.
In all cases where a conflict of interest check is required a note must be made on the case file to show that a conflict check has been carried out.
The client must be asked whether he she knows whether the other party has taken advice on the matter. If so, the I & A worker should establish whether the client has received any letters from the other party?s I & A worker. If these letters show that the other party is being advised by another advice agency or firm of solicitors, no further check need be carried out.
Unless it is clear that no conflict exists by this stage, the I & A worker must continue through stage 2. Back to top
Name check ? stage 2
Whenever ACOT takes any action on behalf of a client, a case file is opened which includes the client?s name and address and the date of contact and this is updated every time the client makes contact.The TCM 4000 [client database] must be checked to establish whether ACOT is already advising the other party in relation to the matter. If so, see below. The Register of Interests of trustees must also be checked. Back to top
Dealing with conflict of interest.
The I & A worker should discuss the matter with the Chief Officer. If the second party is a client seeking advice, it should be explained to the second party that ACOT is acting for another party with regard to the issue and therefore cannot act for them because of a conflict of interest. No details of the advice given to the first party must be disclosed. They should be referred to another agency (selected from the Community Legal service Directory) for appropriate help. All papers relevant to the party being reffered must be forwarded. All decisions must be fully recorded on the relevant case sheets(s). Back to topConflict during a case
When ACOT discovers that, unknowingly, it has been advising both parties or when conflict arises between parties after the case has begun it should ideally cease to act in the matter. The Chief Officer should if necessary contact Age Concern England for help. Back to topPolicy ? enquiries about other Age Concern services
ACOT offers a number of services to older people in the local area, including some trading activities. ACOT Information & Advice Service must be independent and impartial and must be seen to be so. Therefore, a clear procedure is needed for occasions when clients ask about other AC services.Here are some examples of potential conflicts of interest:
o Client asks an I&A worker about insurance services for older people
o Client wants to complain about the Age Concern Handyperson scheme worker who carried out some work for her
o Client phones to complain about how his mother is being treated at an Age Concern Day Centre
o Client complains that, having bought insurance from Age Concern, has now found out that she could have found it cheaper from another source Back to top
Complaints about other ACOT services
Clients should be immediately informed of the Complaints Procedure for the service. They should be reassured that ACOT welcomes feedback about its service, so that theservices can be improved and that their complaint will be taken seriously. If the client does not want to go through the Complaints Procedure, they should be signposted to other agencies who can act on their behalf without a conflict of interest. Back to top
Enquiries about products that ACOT may sell
If a client asks an I&A worker about a product such as Insurance which ACOT sells, the following procedure should be followed:o Tell the client that ACOT sells the product and thus cannot give independent advice about what product is best for the client
o Give information about ACOT product or refer to a colleague who operates that service
o Inform the client that they may be able to get similar products from other sources. Back to top
. False information from client
I&A Workers must remain impartial and assume what the client says to be true. However, if it becomes clear that false information is being presented, the client must be informed of the consequences of their action (e.g. Benefits Agency, Inland Revenue, etc.). If the client still wishes to pursue the matter on the basis of providing false information, they should be informed that ACOT cannot act on their behalf.Under the Social Security Fraud Act 1997 I&A workers can be prosecuted for knowingly helping a person to make a claim based on false
information. Back to top
