Chevening complaints and anti-fraud policy

Procedure summary

1. Purpose and scope

1.1 This policy sets out the way in which individuals may raise complaints that they have regarding Chevening and how those complaints will be dealt with. It relates to complaints against actions taken by the Chevening Secretariat, its members of staff, any other organisation contracted to provide specific administrative or other services on Chevening’s behalf, over which it can reasonably be expected to have control (hereafter referred to as ‘Chevening delivery partners’), and Chevening Scholars and Fellows in so far as their actions are related to Chevening, subject to the qualifications below. It also sets out policy and procedure regarding reports of fraud, bribery or corruption.

1.2 In all cases, before a complaint is lodged all reasonable efforts should be made to resolve the matter before invoking the formal Complaints Policy.

1.3 If your concern relates to a suspicion of fraud, bribery or corruption see section 4.

1.4 Complaints which relate to the actions of British Embassies or High Commissions or their staff around the world, for example around selection processes, should be directed to the Foreign, Commonwealth and Development Office (FCDO) here: https://www.gov.uk/government/organisations/foreign-commonwealth-development-office/about/complaints-procedure. The Head of Programme Management should be informed at the same time via hopm@chevening.org and will report concerns to the FCDO in London.

1.5 The policy does not:
apply to reporting of safeguarding concerns, which will be considered under the Chevening Safeguarding Policy.

• apply to any complaint about the actions of a university or other host organisation at which a Chevening Scholar or Fellow is based. Such complaints should be addressed directly to the institution involved; if having completed the complaint process of the university the complainant is not satisfied with the response from the university, they have the right to refer the complaint to the Office of the Independent Adjudicator for Higher Education.
• apply to individual selection, placement or on-award decisions of Chevening, unless the complaint concerns an alleged breach of procedure.
• apply to complaints considered to be frivolous (unfounded or trivial) or malicious (with vindictive motivation).

1.6 Complaints about misconduct of Chevening Scholars and Fellows, who have breached the Code of Conduct will be considered under the Chevening Disciplinary Policy and Procedure.

2. Reporting a Complaint

2.1 Chevening reserves the right to refuse to investigate or to suspend any investigation underway where it becomes aware that police, court or tribunal proceedings have been initiated in relation to the complaint. Similarly, if there are allegations of a criminal offence, the Secretariat may refer the matter to the police and suspend its own proceedings until the outcome of any police investigation or criminal proceedings are known. Temporary measures may be put in place while an external investigation is ongoing.

2.2 This process is designed to deal with genuine complaints that are made in good faith. Submission of a complaint that is found to be fictitious or is made in bad faith (e.g. out of spite or for personal gain) would result in disciplinary action being taken under the disciplinary policy where appropriate.

2.3 Where the complaint is against a Chevening delivery partner (contracted travel, training or finance provider), the complaint should be raised in the first instance with the organisation concerned, according to their complaint procedure. Chevening should be informed at the same time via your designated contact.

2.4 Complaints relating to immigration advice given to Scholars and Fellows should be addressed through the British Council complaints processes via the e-mail address provided in the Client Care Letter.

2.5 Where the complaint is against the Chevening Secretariat, a Scholar or Fellow the complaint should be made to the Head of Programme Management HOPM@chevening.org. The Head of Programme Management may also be contacted if the complaint is against a Chevening delivery partner but it would not be appropriate to address the complaint with the partner directly (or an unsatisfactory response has been given when the complaint was made directly).

2.6 See 4.6-4.8 for instructions regarding reporting a suspicion of fraud, corruption of bribery.

3. Investigation and Response

3.1 The Chevening Secretariat will acknowledge receipt of a complaint within 2 working days.

3.2 The Chevening Secretariat may inform any party against whom a complaint is directed of the nature of the complaint, for the purpose of obtaining information necessary to reach a decision. Where the complainant wishes to remain anonymous this should be clearly stated in the complaint. It is not normally appropriate to keep the identity of a complainant(s) secret as this may undermine the respondent’s ability to defend themselves. If a complainant does not agree to the respondent knowing their identity it may not be possible to investigate a complaint.

3.3 Notwithstanding the above, information about individuals subject to complaint or disciplinary proceedings will be kept confidential as far as possible, and information will be disclosed on a need-to-know basis.

3.4 Chevening may appoint an impartial third party to undertake the investigation, where appropriate.

3.5 Chevening will inform the complainant if the complaint can be considered within 10 working days of the complaint being received, and time limits for a decision. This will depend on the nature and complexity of the case.

3.6 If the complaint is upheld, any action taken must wait either until the party against whom the complaint has been made confirms in writing that they do not wish to appeal, or the time period for making an appeal has passed.

3.7 The Chevening Secretariat is responsible for taking reasonable steps for finding solutions to reported complaints but is not liable for breaches of contract by delivery partners, the actions of the FCDO, or breaches of the Chevening Terms and Conditions by scholars.

4. Anti-fraud, bribery and corruption

4.1 This sets out the standards that must be met by the Chevening Secretariat, Scholars, Fellows and Alumni and Chevening’s delivery partners in order to ensure individuals comply with the UK Anti-Bribery Act 2010 and Fraud Act 2006.

4.2 Chevening is committed to the prevention of fraud, bribery and corruption and the promotion of an anti-fraud culture. It operates a zero-tolerance attitude to fraud, bribery and corruption and requires members of the Secretariat staff, members of selection committees, applicants, Scholars, Fellows, Alumni and delivery partners to act honestly and with integrity at all times, and to report all reasonable suspicions of fraud, bribery or corruption.

Definitions

4.3 The term fraud is commonly used to describe the use of deception to deprive, disadvantage or cause loss to another person or party; or secure unwarranted personal gain. An example of fraud would be to submit false qualifications within a scholarship application.

4.4 The term bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage. An example of bribery would be for a candidate to offer money to the British Embassy or High Commission selecting scholars in order to be nominated for a scholarship.

4.5 The term corruption is broadly defined as the abuse of entrusted power for personal gain. An example of corruption would be an employee of the Chevening Secretariat withholding payments to scholars for personal gain.

Reporting suspicions of fraud, bribery or corruption

4.6 Where a suspicion of fraud is against a Chevening delivery partner (for example a contracted travel or finance provider) the suspicion should be raised in the first instance with the organisation concerned, according to that organisation’s anti-fraud policy.

4.7 Where the suspicion is about the Chevening Secretariat, a Scholar or Fellow, or a Chevening delivery partner but it would not be appropriate to address the suspicion with the partner directly, or an unsatisfactory response has been given, the suspicions, with all necessary evidence should be sent to the Head of Programme Management by email to HOPM@chevening.org

4.8 Where a suspicion of fraud, bribery or corruption is against a British Embassy or High Commission, or relates to in-country selection process, a report should also be submitted to the FCDO Internal Audit and Investigations Directorate (IAID) by email at reportingconcerns@fcdo.gov.uk or by calling the confidential hotline on +44 (0)1355 843747 or by writing to the Head of Internal Audit, Internal Audit and Investigations Directorate, 22 Whitehall, London, SW1A 2EJ, United Kingdom.

Responsibilities

4.9 The Chevening Secretariat is responsible for:

• developing, implementing and maintaining adequate systems of internal control to prevent and detect fraud, corruption and bribery
• reporting to FCDO Internal Audit and Investigations on instances of fraud and/or error
• assisting in the investigation of suspected fraud, corruption and bribery
• monitoring compliance with internal controls and agreed policies and procedures
• ensuring that delivery partners have the necessary policies and procedures in place to prevent and detect fraud, corruption and bribery

4.10 FCDO Internal Audit and Investigations Directorate (IAID) is responsible for:

• ensuring that the Chevening and FCDO’s reputation and assets are protected against fraud, corruption and bribery
• assisting in the investigation of suspected fraud, corruption and bribery
• providing advice and assistance to Chevening and its delivery partners to ensure that best practice systems are in place to prevent, detect and investigate allegations of fraud, bribery and corruption

Chevening complaints procedure

1. Receipt of Complaint

1.1 Complaints emailed to hopm@chevening.org or received by a British Embassy or High Commission will be directed to the Head of Programme Management or their delegate.

1.2 The Head of Programme Management will log the complaint on the Complaints Register.

1.3 The Head of Programme Management will assess whether the complaint falls within the Complaints Policy. They will consult FCDO staff where relevant to the complaint.

1.4 Within 2 working days of receipt of the complaint, the Head of Programme Management or their delegate will acknowledge receipt of the complaint. Within 10 working days they will confirm if the complaint has been accepted for consideration, and may refer to another policy if appropriate (such as the Disciplinary or Safeguarding Policy).

2. Investigation

1.1 The Head of Programme Management or their delegate will consider the full evidence of the case and investigate as appropriate and proportionate and will, in consultation with a senior FCDO representative agree either that:
(a) that the complaint is not justified and should be rejected;
(b) that the complaint is justified or partially justified and agree the outcomes of the complaint
(c) in exceptional circumstances that the complaint should be further considered by a committee of senior Chevening Secretariat and FCDO staff.

3. Communication of decision

In the event of:
(a) above the Head of Programme Management or their delegate shall inform the person making the complaint and if the complaint was against an individual within the Secretariat, the party against whom the complaint was made, of the decision within 10 working days of it being made.
(b) or (c) The Head of Programme Management or their delegate will notify the person making the complaint within 10 working days of an anticipated date by which a decision is expected, taking into account reasonable delays in assembling the views of the committee.

4. Communication of decision

4.1 The details and outcome of the complaint will be recorded in the Complaints Register, which will maintain the confidentiality of the individual(s) making the complaint(s), and the subject of the complaint, as far as may be practical.