NHS Requirement 9

The organisation employs or contracts in an accredited, person (or persons) nominated to the NHSCFA to undertake the full range of counter fraud, bribery and corruption work, including proactive work to prevent and deter fraud, bribery and corruption and reactive work to hold those who commit fraud, bribery or corruption to account. The organisation will ensure that any changes to nominations are notified to the NHSCFA at the earliest opportunity and in accordance with the nominations process.

The accredited nominated person (or persons) must demonstrate continuous professional competencies and capabilities on an annual basis by examples of practical application of skills and associated training to include (but is not limited to), obtaining witness statements, conducting interviews under caution and maintaining up to date knowledge of legal and procedural requirements.

Organisation meets the requirement

The organisation has notified any / all changes to nominations to the NHSCFA as soon as reasonably practicable.

There is an accredited, nominated and appropriately trained person(s) who is employed or contracted in and conducts the full range of counter fraud, bribery and corruption work on behalf of the organisation.

The nominated person(s) attends training and undertakes continuing professional development as required to appropriately fulfil their role, on an ongoing basis.

Organisation partially meets the requirement

Not applicable to this requirement.

Organisation does not meet the requirement

There is no accredited person (or persons) employed or contracted in to carry out the full range of counter fraud, bribery and corruption work on behalf of the organisation.

The nominated LCFS is not carrying out the full range of duties.

The LCFS has not attended specialist training accredited by the Counter Fraud Professional Accreditation Board or has not been appropriately nominated by the organisation.

The person (or persons) does not appropriately update their skills in line with NHSCFA and / or legislative requirements.

Guidance, supporting documentation and evidence

Organisations should consider the following (the list is not exhaustive):

  • NHS Counter Fraud Manual
  • The NHSCFA counter fraud manual resource document NHSCFA ‘Witness statement review template’
  • NHSCFA instructions and guidance on the use of the approved NHS case management system.
  • Approved NHS case management records
  • Investigation files
  • Correspondence with third parties including the Crown Prosecution Service and
  • NHSCFA staff
  • Training records
  • Records of rehearsals and their evaluation (e.g. role play, draft statements as part of training)
  • Meeting minutes, action points and records of their execution
  • Evidence that the witness statements are regularly reviewed for compliance and quality
  • Evidence that findings are fed back into improvements
  • Interviews under caution are conducted in line with the National Occupational Standards (CJ201.2) and the Police and Criminal Evidence Act 1984.
  • The NHSCFA counter fraud manual resource Interview under caution review template
  • Evidence that interviews under caution are regularly reviewed for compliance and quality
  • Training records
  • Evidence of circulars and publications providing legal and procedural updates