Recently we had a few queries about what when a conflict of interest occurs. We have some guidance below. The key point is: if you are any doubt, please contact the Complaints Reviewer or Lead Adviser.
SPSO defines potential conflicts of interest as arising 'when Professional advisers enter into any official, professional or personal relationships which may, or could reasonably be perceived to, cause them inappropriately or unjustifiably to limit the scope, extent or rigour of their work or impair the objectivity of their judgement'. We also take the view that a potential conflict of interest may arise where a professional adviser has previously worked with or knows, for other reasons, an individual involved in a complaint that is brought to SPSO. A conflict of interest can relate to past and present associations and there may be further reasons why a conflict of interest may arise, therefore, all professional advisers should be aware of this.
The previous experience of our professional advisers, working in the sectors that fall within our jurisdiction is important. It means that you will have a knowledge of and understand the context of the complaints you are asked to advise on. In a small country like Scotland, however, we understand that your past experience may occasionally concern some people. This is an important consideration as in small specialties, in a small country, it’s inevitable that we will 'know' some of the people involved in cases. For example “knowing” a colleague from meeting at a conference or national event does not normally merit a conflict.
Past experience in the public sector is not automatically a conflict of interest but there are times when it might be. We recognise a potential conflict of interest may arise where someone has previously worked with or knows, for other reasons, an individual involved in handling a complaint that is brought to SPSO. As a general principle, SPSO members of staff don’t normally work on any complaints about a body in which they worked (or with which they worked very closely) in the four years before taking up their position with SPSO. This is, however, at the discretion of the Ombudsman who may take a different view, depending on individual circumstances.
Where you feel that there is conflict of interest, or even a perceived conflict of interest in the cases you are asked to provide advice on it’s important to discuss this at the outset as in some cases it will be acceptable to proceed. For example you may recognise a doctor from being a trainee in your department several years ago. Provided there is no current or ongoing professional or personal involvement with them, this is not usually a conflict. It’s also common to see records that involve a former colleague, but this only becomes apparent after you have received the file. In this case, explain what the nature of your relationship was/is to help decide if this is now a conflict.
We have included examples of statements you may include in your conflict of interest declaration:
I confirm there is no conflict of interest. I do not have any personal contact with the individual staff involved in the complaint, or any financial or supervisory relationships with individuals or the NHS Board.
If individual staff are known to you, please discuss this with the CR or the Lead Professional Adviser and use the following sentence in your conflict of interest statement.
Staff who are known to me [you may want to name them] are known on a purely professional basis for example from attending conferences, national meetings or via publications.
OR
Staff who are known to me [you may want to name them] are known on a purely professional basis as part of my supervisory and teaching role. The relationship was some time ago [should be at least 2 years ago] and a necessary part of the national training arrangements for trainee doctors.