Staff and Board Member Declaration of Interests and Hospitality Policy

Purpose

mhs homes is committed to maintaining the highest standards of integrity, transparency, accountability and probity in all aspects of its business. This policy supports the organisation's values and governance framework by ensuring that actual, potential and perceived conflicts of interest are identified, declared and appropriately managed.

The purpose of this policy is to:

  • protect the integrity of decision-making;

  • safeguard the reputation of mhs homes and the wider housing sector;

  • ensure compliance with legal, regulatory and governance requirements;

  • provide a transparent framework for declaring interests, gifts and hospitality;

  • ensure that Staff and Board Members act solely in the best interests of mhs homes.

This policy should be read alongside:

  • Code of Conduct

  • Lettings and Sales to Staff and Connected People Policy

  • Anti-Fraud, Bribery and Corruption Policy

  • Financial Regulations

  • NHF Code of Governance 2020

  • NHF Code of Conduct 2022

  • Articles of Association

Scope

Scope

This policy applies to:

  • Board & Committee Members and Co-optees of mhs homes and Heart of Medway HA

  • Customer Scrutiny Panel Members

  • Employees

  • Agency Workers, Temporary Staff and Consultants

  • Volunteers

For the purposes of this policy, these individuals are collectively referred to as staff and Members.

Policy Principles

All staff and Members must:

  • act in the best interests of mhs homes;

  • avoid situations where personal interests conflict, or may reasonably be perceived to conflict, with those of mhs homes;

  • declare interests promptly;

  • declare gifts and hospitality openly;

  • maintain transparency in decision-making;

  • comply with the Bribery Act 2010 and Charities Act requirements including reporting any attempted bribery to the Company Secretary immediately;

  • uphold the organisation's values and Code of Conduct.

Where doubt exists, staff and Members should always seek advice from the Company Secretary.

Definitions

Conflict of Interest

A conflict of interest occurs where an individual's personal, financial, professional or political interests could influence, or be perceived to influence, their judgement or decision-making on behalf of mhs homes.

Conflicts may be:

Actual: A conflict currently exists.

Potential: A conflict could arise in future.

Perceived: A reasonable third party may believe a conflict exists, regardless of whether it actually does.

Connected Person

A Connected Person may include:

  • spouse, civil partner or partner;

  • parent, child, sibling or close family member;

  • household member;

  • business partner or associate;

  • trustee relationship;

  • any person whose interests may reasonably be perceived as influencing the individual.

Interests of Connected Persons must be declared where relevant to mhs homes business.

Declaration of Interests

All staff and Members must complete a Declaration of Interests:

  • on appointment;

  • whenever a new interest arises;

  • whenever an existing declaration changes; and

  • annually as part of the annual review process.

Nil returns are required where no interests exist.

Examples of interests requiring declaration include:

  • employment or second employment;

  • directorships or trusteeships;

  • ownership or investment in companies;

  • interests in suppliers, contractors or consultants;

  • property transactions involving mhs homes including living in or renting or buying an mhs or Heart of Medway property*

  • family connections with employees or prospective employees, current or prospective contractors or suppliers;

  • involvement with competing organisations;

  • elected political office or senior political roles;

  • membership of organisations relevant to the business of mhs homes.

These examples are illustrative and not exhaustive.

*Staff members are not permitted to rent an mhs or HoM Market Rent property. If staff or their connected persons apply to rent or buy an mhs or HoM property or land, the Lettings and Sales to Staff and Connected People Policy must be followed, including Executive Director approval for lettings, and Board and Charity Commission approval for shared ownership sales.

Register of Interests

The Governance Team shall maintain a Register of Interests.

The Register shall:

  • record all declared interests;

  • be updated throughout the year;

  • be reviewed annually by the Leadership Team, FRAC and mhs Board;

  • be made available for inspection where appropriate;

  • support regulatory and governance assurance requirements.

Board Member declarations shall be published on the mhs homes website.

Management of Conflicts of Interest

Declaring an interest does not necessarily prevent participation in mhs homes activities. Once declared, the Company Secretary shall assess the conflict and determine the most appropriate management action which shall be recorded where appropriate.

Board and Committee Meetings

At the start of each Board or Committee meeting:

  • Members shall be asked to declare any interests relating to agenda items;

  • Members shall confirm whether their registered interests remain accurate and complete.

Where a conflict arises:

  • the interest shall be recorded in the minutes;

  • the Chair shall determine the appropriate course of action including leaving the meeting for that item or not voting on the matter;

Where the conflict concerns the Chair, the Company Secretary or SID shall advise on the appropriate action.

In the case of a significant ongoing conflict, the Board may consider whether continued Board membership remains appropriate.

Gifts and Hospitality

mhs homes recognises that modest gifts and hospitality may arise in the course of normal business activities.

Any gift or hospitality must:

  • be proportionate;

  • be reasonable;

  • have a legitimate business purpose;

  • not compromise independence;

  • not create an obligation;

  • be lawful and ethical.

Gifts That Must Never Be Accepted

  • cash or cryptocurrency;

  • gift vouchers;

  • loans;

  • financial inducements;

  • gifts linked to procurement activity;

  • gifts intended to influence decision making.

Any such offer must be declined and reported immediately.

Acceptable Gifts

The following may normally be accepted:

  • promotional items such as pens, diaries, calendars, mugs,

  • confectionery;

  • other items of nominal value.

Items with a value of £10 or less do not require declaration unless they are from a customer. All customer gifts should be declared.

Gifts with a value exceeding £10 must be declared.

Gifts valued at £100 or more must not be accepted.

Alcohol received as a gift should be passed to the Communications Team for corporate use.

Hospitality

Hospitality may only be accepted where:

  • a genuine business purpose exists;

  • attendance supports mhs homes objectives;

  • refusal would be unreasonable or discourteous;

  • acceptance would not create an actual or perceived conflict.

No hospitality may be accepted from suppliers or contractors involved in:

  • live procurement processes;

  • competitive contract negotiations.

Gifts and Hospitality Register

All offers of gifts and hospitality must be declared through the approved declaration process noting if have been accepted or declined.

Recording declined offers provides transparency and protects individuals and the organisation from allegations of impropriety.

The register shall record:

  • date;

  • provider;

  • recipient;

  • estimated value;

  • decision taken;

  • approving authority.

Approval Arrangements

The following approval arrangements shall apply for hospitality and gifts and potential staff conflicts of interests (aside from those that require Company Secretary advice, where indicated):

Employees: Line Manager

Executive Directors: Chief Executive

Board Members: Chair of the Board

Chair of the Board: Senior Independent Director

Chief Executive: Chair of the Board

Advice may be sought from the Company Secretary at any stage.

Use of Contractors and Suppliers

Members must not seek preferential treatment from suppliers, contractors, consultants, or organisations conducting business with mhs homes. Any personal use of services supplied by organisations with a business relationship to mhs homes must be declared to the Company Secretary. Prior approval may be required.

Monitoring and Reporting

The Company Secretary shall:

  • maintain the Register of Interests for Members;

  • maintain the Gifts and Hospitality Register for staff and Members;

  • monitor compliance;

  • provide governance advice as required.

An annual assurance report shall be presented to FRAC and the Board summarising:

  • declaration activity;

  • gifts and hospitality recorded;

  • significant conflicts managed;

  • compliance issues;

  • lessons learned and emerging risks.

Breaches of this Policy

Failure to comply with this policy may constitute misconduct.

Equality, Diversion and Inclusion

mhs homes is committed to ensuring that no individual receives less favourable treatment on the grounds of any protected characteristic.

Reasonable adjustments will be made where required.