The failure to prevent offence under the Economic Crime and Transparency Act 2023 holds organisations criminally liable for fraud committed by employees, or other associated persons, which may benefit the organisation and the organisation lacks reasonable fraud procedures. NHS bodies are likely to come under the scope of this act.
The comprehensive guidance will be useful to all professionals in the healthcare sector especially those with responsibility for management, finance, risk, governance and compliance providing direction on how to implement or improve fraud prevention procedures.
It provides advice on the following areas:
- The Economic Crime and Corporate Transparency Act 2023
- The failure to prevent fraud offence
- Reasonable fraud prevention procedures
- Associates of a large organisation
- Statutory guidance and references to NHSCFA
- Impact on NHS Bodies
- Next steps – how to comply
- Similarities and differences to other failure to prevent offences
Alex Rothwell, Chief Executive says,
“The new offence represents a significant step toward improving fraud prevention across the NHS driving a cultural change in fraud prevention. We hope that this guidance helps organisations to reduce financial loss and reputational damage. This strengthens our collective fight against fraud, bribery, and corruption in the NHS.”
The guidance available in our 'Failure to Prevent Fraud Offence' section supplements the Home Office guidance on failure to prevent fraud and should be used alongside it.