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HEALTH WATCH ENGLAND
COMMITTEE MEMBERS’ CODE OF CONDUCT
1.
1.1
Introduction
The Government expects that all holders of public office will work to the
highest personal and professional standards and has issued a Code of
Conduct for all non-Executive Members of UK public bodies1.
1.2
Healthwatch England (HWE) has been established as a statutory
Committee within the Care Quality Commission by the Health and
Social Care Act 2012. This Code of Conduct provides guidance on the
responsibilities and the conduct expected from HWE Committee
Members. The Code complies with the Cabinet Office’s Code of
Conduct (2011) and the Code of Conduct for CQC Board Members. A
separate policy statement sets out the standards of conduct expected
from HWE staff.
1.3
This Code of Conduct forms part of HWE’s Standing Orders.
2.
2.1
Key Responsibilities of Individual Committee Members
The key principles upon which the HWE Code of Conduct is based are
the Seven Principles of Public Life (the Nolan Principles), the Nine
Principles of Public Service Delivery and the Public Service Values
adopted by CQC (which are attached at Appendices A, B &C).
2.2
The actions and decisions of HWE Committee Members should be
informed by these principles. HWE Committee Members are expected
to:
 act in good faith and in the best interests of HWE,
 maintain their independence and objectivity by, among other
actions, avoiding conflicts of interest, refusing any gift that could
reasonably be expected to compromise their personal judgement or
place them under an improper obligation
 abide by all relevant laws, rules, and regulations, informing the
HWE Director immediately of any infringement likely to result in
prosecution
 deal fairly, objectively, and impartially with all members of the
public, stakeholders, and HWE staff, never using their position to
confer an advantage or disadvantage on any person
 take decisions that are consistent with the established purpose of
HWE and within the resources allocated to it
 regularly review the efficiency and effectiveness of HWE’s success
in meeting its goals, including assessing their own performance and
actions as Committee members
 always maintain confidentiality, subject to applicable laws
1
Cabinet Office, Code of Conduct for Board Members of Public Bodies, June 2011
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treat staff employed by HWE with courtesy and respect and not ask
or encourage employees to act in any way which would conflict with
their own Code of Conduct.
3. Media and Public Speaking Engagements
3.1 HWE Committee Members should inform the HWE Chair if they have
any public engagements which are likely to touch on matters related to
HWE. Members should always be explicit whether they are speaking
as a representative of HWE or expressing their own personal views. A
Member should not claim to speak or give the impression that they
speak on behalf of HWE, unless they have been authorised to do so by
the Chair.
3.2
The Chair of HWE will be the official spokesperson for HWE.
Committee members should not commit to media interviews as
representatives of HWE without first consulting and gaining the
approval of the Chair.
3.3
HWE Committee members should be, and be seen to be, politically
impartial in their public role. They should not make political statements
with regard to HWE and should be even-handed in all dealings with
political parties.
4. Behaviour expected in HWE meetings
4.1 HWE Committee Members are accountable to the public for their actions
and the manner in which they carry out their responsibilities. They
should always behave in a manner which does not bring HWE into
disrepute or damage the relationship Local Healthwatch, the public,
service providers and other stakeholders.
4.2
HWE Committee Members are expected to understand and respect the
principle of collective decision-making and corporate responsibility.
This means that, once the HWE Committee has made a decision, all
Members are bound by that decision and should publicly support it.
4.3
The following guidance will assist HWE meetings to be well conducted
and informed and well-considered decisions taken. HWE Members
should:
 take account of the views of others, but should reach their own
conclusions on the issues before them and act in accordance with
those conclusions;
 be as open as possible about their actions and decisions, being
prepared to give reasons for their actions and willing for their
decisions and actions to be scrutinised and challenged in a
constructive way
 allow everyone to take part without interruption or intimidation,
respecting the contribution of other Members and not interrupt when
someone is speaking
 respect the impartiality and integrity of HWE’s other members,
never being derogatory in their speech or manner. Members should
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not use language which could be construed as discriminatory or
offensive to others and avoid using heated, emotional and value
loaded language and behaviour;
allow conversation to move forward, not looking back at past
discussion, sticking to the point under discussion
not attempt to dominate the meetings for their own purpose or the
purpose of a group or organisation they are representing.
set mobile phones to silent or vibrate and notify the Chair of the
Committee or a meeting before it begins, if they are expecting an
urgent call and are likely to have to leave the meeting;
not respond to emails etc during the meeting and seek permission
from the Chair if they wish to use electronic equipment for making
notes
4.5 Any member who does not comply with the Code of Conduct during a
meeting may be asked to leave the meeting by the Chair. Any person
excluded from an individual meeting because of their behaviour will
only be allowed to return to future meetings if they agree to abide by
the Code of Conduct.
5. General conduct expected of HWE Committee Members
5.1 Duty of Confidentiality
5.1.1 Members of the Committee may occasionally receive information
which is not in the public domain, often relating to individuals,
organisations or commercial-in- confidence matters. It is the
responsibility of each individual Member to ensure that this information
remains confidential to the meeting, unless prior authorisation has
been given by the Chair for this to be discussed elsewhere. This duty
of confidentiality continues to apply after Members have left the
Committee.
5.1.2 Individuals must never use confidential information for their personal
advantage or the advantage or disadvantage of anyone known to them
or to disadvantage or discredit the Committee.
5.2 Duty to promote equality
5.2.1 All HWE Committee Members are under a duty to promote equality
and not discriminate unlawfully against any person, treating all people
with respect, regardless of their race, age, religion, gender, sexual
orientation or disability.
5.3 Duty to safeguard public funds
5.3.1 HWE Committee members have a duty to ensure that HWE public
funds are safeguarded and any HWE assets which have been publicly
funded are properly looked after.
5.3.2 HWE Members must carry out their fiduciary obligations responsibly,
taking appropriate measures to ensure that HWE uses resources
efficiently, economically and effectively, avoiding waste and
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extravagance. Committee Members are responsible for ensuring that
HWE does not exceed its powers or functions.
5.3.3 HWE Committee Members must not misuse official resources for
personal gain or for political purposes. It will always be an improper
use of public funds for public bodies such as HWE to employ
consultants or other companies in order to lobby Parliament,
Government or political parties.
5.4 Members’ Allowances
5.4.1 HWE Committee Members must comply with the rules set by CQC in
its Travel and Subsistence Policy regarding remuneration, allowances
and expenses.
5.4.2 It is a Member’s personal responsibility to ensure compliance with all
relevant HM Revenue and Customs’ requirements concerning
payments, including expenses.
5.5 Gifts and Hospitality
5.5.1 A HWE Committee Member must not accept any inducement of any
amount or value under any circumstance. They should treat with
caution any offer of a gift or favour or exceptionally generous hospitality
that is made to them personally which might, or might reasonably
appear to, compromise their personal judgement or integrity or place
them under an improper obligation.
5.5.2 Committee Members remain responsible for their decisions on the
acceptance of gifts or hospitality and for ensuring that any gifts or
hospitality accepted can stand up to public scrutiny and do not bring
HWE into disrepute. They should familiarise themselves with the HWE
Gifts and Hospitality Policy and seek advice from the HWE Director if in
doubt.
5.5.3 All gifts and hospitality accepted and offered (even if declined) which
are above the minimal levels specified in the sections below, are to be
recorded in the HWE’s register using the attached form (Appendix D).
5.6 Duty to declare interests
5.6.1 HWE Committee Members must ensure that conflicts do not arise, or
appear to arise, between their public duties and their private interests,
whether these are financial or not. It is the personal responsibility of all
Committee Members to declare any personal or business interests
which may conflict with their responsibilities.
5.6.2. At the start of each financial year, the HWE Director will ask each
Committee Member to update their Register of Interests. Committee
Members are also expected to declare an interest at the start of a
meeting or at the very latest the start of the agenda item where the
interest arises. Committee Members will be asked by the Chair to
remove themselves from the discussion or determination of matters in
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which the Member has a financial interest. In matters in which they
have a non-financial interest, Committee Members should not
participate in the discussion or decision on a matter where the interest
might suggest that the Committee was biased.
5.6.2 The rules on what interests to register and declare are set out in Policy
on Registrable Interests, to which Committee Members should refer.
5.6.3 All registers of interest and gifts will be reported annually alongside
expenses as part of the HWE annual report.
6. Personal Liability of Committee Members
6.1 The Government has indicated that, in the unlikely event of legal
proceedings being initiated against a Committee Member by a third
party, an individual Member who has acted honestly and in good faith
will not have to meet out of their own personal resources any personal
civil liability which is incurred in execution or purported execution of the
Committee member functions, except where the person has acted
recklessly.
6.2 HWE Committee Members will be issued with an indemnity consistent
with this paragraph by CQC.
7. Failure to Comply
7.1 Failure to observe the requirements of the Code of Conduct would be a
breach of HWE’s Standing Orders and could, in the event of allegations
of fraud and/or corruption, leave the Committee Member involved open
to criminal proceedings under the Prevention of Corruption Acts, as
well as other civil and criminal penalties.
7.2 Any questions about the Code of Conduct should be directed to the HWE
Director.
8. Review
8.1 The Code of Conduct will be reviewed periodically by the HWE
Committee.
June 2012
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APPENDIX A
The Seven Principles of Public Life
The Code of Conduct is based on the 'Seven Principles of Public Life’,
which apply to all in the public service.
These are:Selflessness
Holders of public office should act solely in terms of the public interest. They
should not do so in order to gain financial or other benefits for themselves,
their family or their friends.
Integrity
Holders of public office should not place themselves under any financial or
other obligation to outside individuals or organisations that might seek to
influence them in the performance of their official duties.
Objectivity
In carrying out public business, including making public appointments,
awarding contracts, or recommending individuals for rewards and benefits,
holders of public office should make choices on merit.
Accountability
Holders of public office are accountable for their decisions and actions to the
public and must submit themselves to whatever scrutiny is appropriate to their
office.
Openness
Holders of public office should be as open as possible about all the decisions
and actions that they take. They should give reasons for their decisions and
restrict information only when the wider public interest clearly demands.
Honesty
Holders of public office have a duty to declare any private interests relating to
their public duties and to take steps to resolve any conflicts arising in a way
that protects the public interest.
Leadership
Holders of public office should promote and support these principles by
leadership and example.
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APPENDIX B
The Nine Principles of Public Service Delivery
(SERVICE FIRST – THE NEW CHARTER PROGRAMME)
1.
Set standards of service
Set clear standards of service that people who use services can
expect; monitor and review performance; and publish the results,
following independent validation wherever possible.
2.
Be open and provide full information
Be open and communicate clearly and effectively in plain language, to
help people using public services: and provide full information about
services, their cost and how well they perform. Where practical and
appropriate, hold open meetings and release summary reports of
meetings.
3.
Consult and involve
Consult and involve present and potential people who use public
services, as well as those who work in them; and use their views to
improve the service provided.
4.
Encourage access and the promotion of choice
Make services easily available to everyone who needs them, including
using technology to the full and offering choice wherever possible.
5.
Treat all fairly
Treat all fairly; respect their privacy and dignity; be helpful and
courteous; and pay particular attention to those with special needs.
6.
Put things right when they go wrong
Put things right quickly and effectively; learn from complaints; and have
a clear, well publicised and easy-to-use complaints procedure, with
independent review wherever possible.
7.
Use resources effectively
Use resources effectively to provide best value for taxpayers and
people who use services.
8.
Innovate and improve
Always look for ways to improve the services and facilities offered.
9.
Work with other providers
Work with other providers to ensure that services are simple to use,
effective and coordinated, and deliver a better service to the user.
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APPENDIX C
Public Service Values
Members of HWE committee will at all times:

Observe the highest standards of propriety involving impartiality,
integrity and objectivity in relation to the stewardship of public funds;

Maximise value for money through ensuring that services are
delivered in the most economical, efficient and effective way, within
available resources, and with independent validation of performance
achieved wherever practicable. Value for money is not the lowest price:
it is the optimal combination of costs and quality to meet HWE’s
requirements

Be accountable to Parliament and the public for its activities, its
stewardship of public funds and the extent to which key performance
targets and objectives have been met

Act in accordance with Government policy on openness and
responsiveness, comply fully with the Nine Principles Of Public
Service Delivery (as set out at Appendix A), the Seven Principles of
Public Life (above), and the Freedom of Information Act 2000, as
appropriate.
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APPENDIX D
HWE’S Declaration of Gift or Hospitality
(to be forwarded to: HWE Director)
HWE Member’s Name
Details of Gift or Hospitality received or offered
Estimated value (in excess of c£10):
Date offered:
Details of person offering:
Name, Job Title, Company/Organisation
Members’ connection to that person (i.e. existing supplier/service provider)
Was the gift accepted or declined:
Any other relevant details
(e.g. reason for acceptance, what has been done with gift etc).
Declared by:
Name
Date
Signature
Authorised by:
Name
Date
Signature
Date forwarded to Director:
Date entered into Register
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