Appendix A
Conflicts of Interest and Undue Influence
The enforcement role of the Council is an impartial one. However, the possibility of a real or perceived conflict of interest or undue influence arising remains.
Conflict of Interest
There may be circumstances short of a criminal offence which could give rise to a conflict of interest between a Council officer and a member of the public, for example:-
- Where the member of the public is socially acquainted with or related to the officer. Under these circumstances it would be difficult for the officer to act in an impartial manner and it would be unreasonable for the Council to expect this.
- Where an employee receives a request from a Councillor, Council employee or an Agency who they have close working contact with and the request for advice or assistance falls outside the normal remit for the service.
Undue Influence
Undue influence arises where a party exercises a dominant influence over the mind of another so that person is unable to exercise a free and independent will in the matter. For example, when an employee is undertaking regulatory activities where the business concerned involves a Councillor or a more senior Council employee, they should ask whether, if this were publicly known, it might be perceived as affecting the judgement or actions of the advisor.
Where an employee believes there is potential for a conflict of interest or undue influence to arise then the matter should be referred to their line manager for appropriate action/advice.