Fraud

The Trust is required by law to protect the public funds it administers. We may share information provided to us with other bodies responsible for auditing or administering public funds, or where undertaking a public function in order to prevent and detect fraud.

The Cabinet Office is responsible for carrying out data matching exercises.

Data matching involves comparing sets of data held by one body against other records held by the same or another body to see how far they match. The data is usually personal information. The data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or another explanation until an investigation is carried out.

We are a mandatory participant in the Cabinet Office’s National Fraud Initiative; a data matching exercise to assist in the prevention and detection of fraud. We are required to provide particular sets of data to the Minister for the Cabinet Office for matching each exercise, as detailed here on the www.gov.uk website.

The processing of data by the Cabinet Office in a data matching exercise is carried out with a statutory authority under Part 6 of the Local Audit and Accountability Act 2014. It does not require the consent of the individuals concerned under data protection legislation or the General Data Protection Regulation (GDPR).

Data matching by the Cabinet Office is subject to a code of data matching practice.

The Cabinet Office has published its privacy notice, which sets out how the Cabinet Office will use your personal data and your rights. The notice is made under Article 14 of the General Data Protection Regulation (GDPR).

The legal basis for processing your personal data is that processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

For further information on data matching at this organisation, please contact Kevin Howells on Kevin.Howells@miaa.nhs.uk. Full information and details regarding the initiative can be found at https://www.gov.uk/government/collections/national-fraud-initiative.

CHIEF EXECUTIVE STATEMENT

on the new ‘Failure to Prevent Fraud’ offence

and other financial crimes against the NHS

On 1st September 2025 a new fraud offence comes into force. This is a corporate offence of ‘failure to prevent fraud’, which is part of the Economic Crime and Corporate Transparency Act 2023.

This new type of fraud occurs where someone connected with the organisation (what the Act calls an ‘associated person’) commits a fraud offence that intentionally benefits the Trust , or a related body, rather than just the individual, and where the Trust should have had reasonable procedures in place to prevent this from happening.

In these circumstances the legislation holds large organisations (including NHS organisations) criminally liable.

An ‘associated person’ can be any employee of the Trust, including volunteers, as well as contractors, subsidiaries, agents and other service providers or partner organisations.

Any breach of this new law could mean this Trust is criminally prosecuted and subject to an unlimited fine unless it has put reasonable anti-fraud measures in place even if these were intentionally ignored or by-passed.

I can assure everyone that this organisation takes its responsibilities very seriously and we have been working with our anti-fraud provider (MIAA) to ensure all ‘associated persons’ know their responsibilities in this area and that robust arrangements to prevent all forms of fraud, bribery or corruption are in place.

Should you wish to read about the new legislation in more detail, the NHS Counter Fraud Authority has provided specific guidance, failure to prevent fraud offence | NHS Counter Fraud Authority, or you can speak to our dedicated Anti-Fraud Specialist whose contact details can be found below and in our Anti-Fraud Policy.

Tackling financial crime against the NHS

In addition to the new ‘failure to prevent fraud’ offence, there are other existing fraud, bribery and corruption offences in place, and now is a good time to re-affirm that this Trust takes a vigorous, zero tolerance, approach to those who commit any of these offences against the NHS.

Anyone who commits fraud against the Trust could be subject to any, and all, sanctions available (criminal, civil, disciplinary, and regulatory body). The Trust employs MIAA to undertake anti-fraud, bribery and corruption work and we will provide the necessary resources to enable our Anti-Fraud Specialists to conduct criminal enquiries against any alleged perpetrators of such offences.

In addition, this Trust does not, and will not, pay bribes or offer improper inducements to anyone for any purpose; nor do we, nor will we, accept bribes or improper inducements. This approach applies to everyone who works for us, or with us. To use a third party as a conduit to channel bribes to others is a criminal offence. We do not, and will not, engage indirectly in, or otherwise encourage, bribery.

Counter Measures

The Trust is committed to the prevention, deterrence and detection of fraud, bribery, and corruption. To this end, everyone associated with the Trust is expected to play their part and act in accordance with both the law and all our policies and procedures.

The Trust adopts and implements the ‘reasonable procedures’ approach suggested by the new ‘failure to prevent fraud’ offence (and which are similar to the ‘adequate procedures’ introduced in relation to the Bribery Act 2010).

The approach will, amongst other steps, involve:

• Top-level commitment: Active involvement and leadership from senior management, with a clear culture established and embedded from the top to ensure a ‘no tolerance’ approach towards fraud, bribery, and corruption.
• Risk Assessment: Regular identification and evaluation of fraud and corruption risks across all levels of the organisation, including third-party and supply chain risks.
• Proportionate risk-based prevention procedures: Tailored fraud controls that are suitable for the organisation’s specific fraud risk exposure and complexity.
• Due diligence: Assessing the background, integrity, and reliability of individuals or entities performing services for or on behalf of the organisation.
• Communication (including training): Ensuring staff, contractors, and associates understand fraud policies and risks through regular awareness training.
• Monitoring and review: Continual evaluation of the effectiveness of fraud, bribery, and corruption prevention measures, with regular updates based on new risks or incidents.

Reporting Concerns

If you have any concerns or suspicions regarding bribery, corruption, or fraud, please contact:-

Carl Jervis,
Anti-Fraud Specialist

Tel 07785 601900
Email:- carl.jervis@miaa.nhs.uk

NHS Fraud & Corruption Reporting Line Tel – 0800 028 4060

NHS Fraud & Corruption Reporting Form (online)