Let’s consider what’s meant by a ‘conflict of interest’.
Definition: A situation that has the potential to undermine the impartiality of a person
because of the possibility of a conflict between the person’s self-interest and their professional interest or the public interest.
In a school setting, five typical examples may include:
Example one: If a school is considering procuring goods or services and the supplier of those goods or services is directly or indirectly related or associated to a member of staff or a governor at the school, there is the potential for a ‘conflict of interest’, especially if the staff member or governor is part of the procurement decision-making process.
Example two: Where a personal relationship prevails between staff and / or governors, this is likely to amount to a ‘conflict of interest’ especially if there is a co-existing line management relationship involving performance management and / or approval of expenditure.
Example three: Hiring an unqualified relative or failing to disclose that you are related to a prospective employee if it is known they are applying for a job at the school.
Example four: Failing to report the malpractice or wrong-doing of a colleague because they are a friend or are related to the member of staff.
Example five: Accepting incentives, gifts or free services or products in exchange for more favourable treatment in a competitive tendering process or otherwise.
At some time or another, an actual, potential or perceived ‘conflict of interest’ is likely to arise in any school setting. Occasionally, they are unavoidable, especially in rural or smaller schools where the access to goods and services may be more limited.
We now look at the pragmatic steps that schools can take to mitigate ‘conflicts of interest’.
What can schools do to prevent ‘conflicts of interest’?
Develop a policy to cover ‘conflicts of interest’
Your disciplinary policy or code of conduct may already have a relevant clause to cover ‘conflicts of interest’, so it’s best to check this first with your HR service provider.
Train your staff
It may be a good use of time to use part of an INSET day to raise awareness of the importance of declaring a potential conflict of interest.
Risk-assess declarations
Ask a governor’s committee (eg finance and personnel) to risk assess declarations that have been submitted to the clerk.
Apply remedies
If someone has declared a potential ‘conflict of interest’, you may simply need to exclude them from a decision-making process to prevent a breach of the policy.
Deal with breaches of policy
Breaches of policy would ordinarily be dealt with by invoking the disciplinary policy; applied sanctions should be proportionate to the breach.
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