This document applies to all internal and external employees or sub-contractors, and all members of the Board of Directors at Kind Learning Academy (KLA).

It sets out guidelines and procedures for identifying, monitoring and managing actual and potential conflicts of interest. Any potential conflicts of interest which may arise in relation to members of staff or external consultants at Kind Learning Academy,  will be addressed by the relevant contracts of employment or engagement.

In this policy references to:

• “Conflicts” or “conflicts of interest” include actual and/or potential conflicts of interest and/or duty;
• Persons who are “connected” with a Director, member of staff or external consultant of Kind Learning Academy means:
  • A child, stepchild, grandchild, parent, brother or sister of a Director, staff member or external consultant of Kind Learning Academy .
  • The spouse, unmarried partner or civil partner of a Director, member of staff or external consultant of Kind Learning Academy .
  • Any person who is in a business partnership with a Director, member of staff or external consultant of Kind Learning Academy,  or any person who is in a business partnership with any person referred to within the above two preceding paragraphs.
  • Any company, business, trust, or organisation in which a Director, member of staff or external consultant of Kind Learning Academy (or any other person connected to them), has an interest as a beneficiary or through ownership, control or influence.
• If in doubt about whether a person is connected, a Director, member of staff or external consultant of Kind Learning Academy should seek advice from the Quality Manager.
• “Benefit” includes any payment or material benefit (including property, loans, goods and services), other than reasonable out of pocket expenses.

 

2.1.  The Directors, members of staff and external consultants of Kind Learning Academy have a duty to act in the best interests of Kind Learning Academy . This means that the Directors, members of staff and external consultants of Kind Learning Academy must not place themselves in a position where they have, or may have, a direct or indirect interest that conflicts with their duties as Directors, members of staff and external consultants of Kind Learning Academy .

2.2.  Conflicts of interest can inhibit open discussions, and may result in Director, members of staff and external consultants of Kind Learning Academy taking irrelevant considerations into account, or making decisions that are not in Kind Learning Academy’s best interests. All Directors, members of staff and external consultants of Kind Learning Academy must therefore be alert to the possibility that they, or their colleagues, could be affected by a conflict of interest.

2.3. The procedures in this policy will enable Directors, members of staff and external consultants of Kind Learning Academy to identify and manage conflicts of interest, to avoid making decisions that are not in the best interests of Kind Learning Academy. The policy will also help protect Kind Learning Academy Directors, members of staff and external consultants from any appearance of impropriety where conflicts of interest do arise.

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2. Identifying Conflicts of Interest

3.1.  A conflict of interest is any situation in which a Director’s, member of staff or external consultant’s direct or indirect interests could, or could be seen to, prevent them from making a decision only in the best interests of Kind Learning Academy. The interest that gives rise to a conflict may be direct or indirect.

3.2. A conflict of interest exists when there is a possibility that personal interests could influence decision-making, even if decision-making is not in fact adversely affected by the conflict.

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3. Procedure for Declaring Interests

4.1.  All Directors, members of staff and external consultants of Kind Learning Academy have a personal responsibility to declare any interest that might reasonably be regarded as potentially giving rise to a conflict.

4.2.  A member of staff shall make their disclosure to their Line Manager or Human Resources.

4.3.  On appointment, all Directors must complete a declaration of interest form :

• Listing any personal interests, business interests or other direct or indirect interests, that might potentially give rise to a conflict of interests;
• Listing any interests of persons connected to them, that may potentially give rise to a conflict of interest;
• Confirming that they are not aware of any conflict, other than those already disclosed, that exists between their role and their personal circumstances or other interests;
• Confirming that they will update the form annually, or sooner if any changes occur;
• Confirming that they will declare any conflict that arises in the future.

4.4.  The information provided by Directors, members of staff and external consultants must be recorded in a register of interests. At least once in every 12-month period, all Directors must review the information relating to them contained in the register of interests, and declare that the information is correct or make a further declaration if necessary.

4.5.  It is for each individual to decide which matters to declare but, if in doubt, they should make a declaration. If they would like to discuss the issue, they may contact the Quality Manager for confidential guidance.

4.6.  The information provided will be processed in accordance with the principles for processing personal data set out in UK data protection legislation as set in the Data Protection Policy. Data will be processed only for the purposes set out in this policy, and not for any other purpose.

4.7.  A Register of Interests will be maintained and updated accordingly. At least annually, the Board of Governors will formally review the Register and ensure appropriate oversight.

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5. Procedures for Managing Conflicts

5.1. If a conflict arises and depending on the seriousness of the conflict, the conflicted individual must withdraw from relevant discussions or decision-making processes, and not pursue the course of action that gives rise to the conflict or resign.

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6. Enforcing and Reviewing this Policy

6.1.  Any failure to comply with the terms of this policy could result in disciplinary action taken against the conflicted person.

6.2.  This policy must be reviewed annually, or sooner if required.