The economic crime and corporate transparency act 2023 (ECCTA) comes into force this month, introducing new legal responsibilities aimed at improving corporate accountability and fraud prevention.
While originally designed with corporate entities in mind, the act has important implications for schools that are incorporated bodies, such as academies which are set up as charitable companies limited by guarantee.
Managing fraud risks is nothing new for schools. Indeed, the academy trust handbook and the master funding agreement contain obligations on fraud prevention.
However, the new act does create a new layer of obligations and risks which schools will need to feed into their processes.
Key changes
Senior management offence
Schools could now face criminal liability if a senior manager (such as a principal, finance director or senior leadership team member) commits a specified economic offence (such as false accounting or fraud) while acting with the authority of the institution.
If this occurs, the school itself could be found guilty of the same offence.
This offence applies to all schools and there is no defence available, meaning everyone needs to be alive to this risk.
Failure to prevent fraud offence
Schools that meet the definition of a ‘large organisation’ may also be held criminally liable and receive an unlimited fine if someone associated with the school (e.g. staff, trustees, contractors or agents) commits fraud with the intention of benefiting the school, even if the school was unaware of this.
A school is considered ‘large’ if it meets two of the following three criteria:
- It has more than 250 employees.
- Its turnover exceeds £36 million.
- It has assets greater than £18 million.
If a school is part of a multi-academy trust, note that these thresholds apply to the entire trust.
Even if a school is not classified as ‘large’, the home office and the department for education recommend that all education providers adopt good practice in fraud prevention.
Unlike the senior management offence, there is a defence if the institution can demonstrate that it was or was intended to be a victim of fraud, it had reasonable fraud prevention measures in place, or it was not reasonable to expect such prevention procedures to be in place.
How can schools prevent fraud?
Risk assessments
Undertake and regularly review risk assessments. Identify areas of vulnerability, such as procurement, payroll, funding and sub-contracting arrangements.
Due diligence
Have proportionate and risk-based due diligence procedures in place to vet third-party providers, agents and contractors (especially those involved in financial transactions).
Policies and training
Ensure anti-fraud and whistleblowing policies are up-to-date and clearly communicated, and that staff receive regular training.
Contracting
Make sure that relevant contracts contain clauses to protect the school as far as possible.
Culture
Ensure staff are comfortable to speak up about concerns and that reporting channels are clear and accessible.
Governance and oversight
Ensure senior managers understand their responsibilities and that oversight mechanisms are in place.
Fraud-prevention plan
The department for education has issued sector-specific guidance on fraud prevention which outlines common risks and provides useful templates.
Schools are encouraged to develop a fraud response plan, use the department for education’s fraud indicators checklist, and align with cyber security standards to prevent digital fraud. Schools should review this guidance in detail.
The economic crime and corporate transparency act marks a significant shift toward greater transparency and accountability. As such, it raises the bar in terms of how schools are expected to manage fraud risk.
Whether or not your school or trust is a ‘large’ organisation, adopting recommended procedures is a proactive step toward safeguarding the school’s reputation and finances and protecting against possible criminal liability.
Now is the time to review policies and staff training, update internal processes and seek professional support where necessary to ensure you meet the evolving regulatory requirements.
For more legal advice, read Schools Week’s The Legal Leader here
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