SUBU Advice Conflict of Interest Policy
- Introduction
1.1SUBU Advice is committed to offering clients the best service that is possible. All advice is free, confidential and impartial. To maintain our impartiality SUBU Advice operates a conflict of interest policy.
1.2It is SUBU Advice policy that we shall not advise both parties to a dispute.
1.3In order to identify whether a conflict of interest has occurred, Advice Workers should ask each client, at the start of the interview, whether they feel that the other party could have contacted SUBU Advice on this matter already. If the case concerns another student, the adviser must ask for the other party’s name and check Advice Pro to see if that student has already approached us on that matter.
1.4Only the existing client can be advised on a dispute with another student.
1.5The existing client must be informed that should the second party approach SUBU Advice, confidentiality will be broken. The second party will be informed that the other party is a client and that they therefore can not be advised. No further details will be divulged.
1.6The second party will then be referred to an external agency for advice on this issue. They are still entitled to support from the Students’ Union and can be advised by SUBU Advice on other matters and must be informed of this.
1.7SUBU Advice will also offer a conciliation service to both parties should this be appropriate. The University Chaplain is able to facilitate a meeting between the parties with a view to reaching a resolution of the issues. Use of this service is voluntary, and clients will not be compelled to use it should they not wish to.
1.8SUBU Advice offers a specialist service to higher education students and recognises that in certain cases it will not be appropriate to refer one party to another agency, for example where the case involves academic appeals or disciplinary hearings.
2.Requests for advice from Staff and External Agencies
2.1 The prime reason for the existence of SUBU Advice is to provide advice and information to students and prospective students. However, it is recognised that requests for advice are sometimes made by University and Students’ Union staff, elected student officers and reps, and external agencies.
2.2 Where the nature of the enquiry could potentially involve a student and a member of staff seeking advice from SUBU Advice, SUBU Advice will refer the member of staff to another agency. The staff member will be informed that a conflict of interest exists and that SUBU Advice must put the needs, or potential needs, of students first.
2.3 SUBU Advice also recognises that advice is sometimes sought by external agencies which have contact with students, for example landlords. In these instances, the caller shall be informed that SUBU Advice exists to provide advice to students, and that as it puts the needs of students first, it is unable to assist with the enquiry.
3.Conflict of interest and the Executive Committee
3.1Any student who approaches the Students’ Union for help must be directed to SUBU Advice in the first instance.
3.2Members of the Executive Committee must not get involved in the case as they sit on University panels to hear cases which concern students, and involvement would compromise their independence.
3.3If, in discussion with the student, SUBU Advice feels it is appropriate to involve the VP Education, then this action can be taken.
4.Where a client presents a case that involves any member of SUBU, including Trustees, management staff and the Executive Committee
4.1 If a client approaches SUBU Advice with a case involving a member of SUBU staff, for example a complaint, Advice Workers will advise them to raise their complaint with the relevant department or individual and provide the client with a copy of the Students’ Union Complaint Procedure. The Advice Worker will advise the client that they are unable to provide further support and will signpost them to another relevant agency, for example a trade union or the CAB.
4.2 SUBU staff who are seeking advice regarding conditions of their employment, or who wish to make a complaint against SUBU as their employer, shall also be signposted to a relevant agency and encouraged to utilise SUBU’s reporting chain.
4.3Where an Advice Worker realises that a potential conflict of interest is present in an existing case (for example, it becomes apparent that a client’s landlord is a member of SUBU staff, or the client’s creditor is a member of the Board of Trustees) the client shall be informed of the conflict of interest and signposted as appropriate and in line with SUBU Advice’s Signposting and Referral Procedure.
4.Conflict of interest and SUBU Advice staff
4.1Any instances where a conflict of interest arises must be declared by SUBU Advice staff and Executive Committee members and the details kept in the SUBU Advice electronic internal data storage folder (I:\Student Union\Private\Advice\Conflict of Interest). Examples of such a conflict could include membership of management committees.
4.2Action would be taken in this situation as deemed appropriate by the Manager of SUBU Advice.
4.3If a student wishes to take any action against the Students’ Union or any of its staff, SUBU Advice will support that student and will refer the student to the Students’ Union Complaints Procedure.
5. Cases brought to SUBU Advice which are knowingly based on false information
5.1Clients of SUBU Advice are encouraged to be to open and honest. If an Advice Worker has concerns over the legitimacy of information, a note shall be made on their case record stating the Advice Worker emphasised the importance of being honest and stated the implications of providing false information.
5.2Advice Workers can only communicate what a client has told them and it is important that this is made clear when holding conversations with a third party (consent to share required).
5.3Where a case has an inherit risk of fraud, e.g. application for welfare benefits and student finance, the Advice Worker should ensure the client completes the form and signs the declaration, or refer / signpost a client elsewhere.
5.4Under the SUBU Advice Confidentiality Policy, Advice Workers have an obligation to inform relevant bodies if they believe fraud has occurred. This should be made explicitly clear to the client and a note added to the client’s file.
- Legislative Framework
6.1The Manager of SUBU Advice will monitor this policy to ensure that it meets statutory and legal requirements including the Data Protection Act, Children’s Act, Rehabilitation of Offenders Act and the Prevention of Terrorism Act.
7.Ensuring the effectiveness of the policy
7.1All staff members of SUBU Advice will receive a copy of the Conflict of Interest policy. New advisers will be introduced to the policy via induction and training. The procedure will be reviewed annually and any amendments made.
Date of next review: August 2017