Briefing / Conflicts of interest in the NHS: a short practical guide

Conflicts of interest exist in all walks of life and throughout the public and private sectors - they are not new phenomena. However, there exists a particular focus and importance for public sector organisations as they operate with an underlying principle of the need to demonstrate that all decisions and actions about resources are taken in the public’s best interest. This principle can easily be compromised by both actual and perceived conflicts of interest.

With the emergence of new place-based service delivery models, such as sustainability and transformation partnerships, integrated care systems, joint commissioning and joint accountable officers, the opportunity for conflicts of interest increases. As an unavoidable part of decision-making, it is important to ‘manage’ both actual and potential conflicts and have systems and processes in place to ensure that they are recognised and dealt with appropriately.

In the UK, a principles-based approach is applied to conflicts of interest. NHS organisations have a statutory duty to manage conflicts of interest, but how they do this is a matter for local governing bodies.

The last HFMA briefing on conflicts of interest was published in October 2015. Since then, we have seen a move to greater system working and commissioning of new care models, bringing with it increased risks around conflicts of interest. New guidance from NHS England, for staff and organisations managing conflicts of interest, came into effect on 1 June 2017. It is therefore timely to revisit the subject. This briefing reflects the latest guidance across all parts of the NHS

This briefing explores types of conflicts of interest; applicable regulations and guidance; and practical action that can be taken – including areas for focus and a checklist for those chairing meetings.

To download this briefing, you have to be logged in.