Abuse of power is where a person :

• occupies a position in which they are expected to safeguard someone else’s interests, and
• abuses their power in relation to that position, and
• intends, by means of the abuse of power, to make a personal gain or cause loss.

A person may be regarded as having abused power by way of act or omission.

This offence is sometimes called “abuse of office”, “abuse of position”, or “misconduct in public office”.  

A person occupies such a position if they are responsible for making decisions or controlling the finances on behalf of the public or an organisation (e.g. a finance manager, procurement manager, project manager, supervisor).

Examples:

• A procurement official working for the public highways agency improperly ensures that the highways agency awards a contract to a construction company in which the official has a secret ownership interest.
• A public official in charge of running a project by-passes the normal employment procedures in order to appoint a family member or friend to a senior project management position (sometimes called “nepotism”).
• A government minister hopes to benefit corruptly from a project by demanding bribes from contractors for the award of project contracts.  Consequently, the minister requires ministry employees to suppress a feasibility report which concludes that the project should not go ahead.

Avoiding abuse of power:  

If you are a public official, or are employed in a position of trust, always act honestly and objectively in the best interests of the public or your employer.  Never exercise your official powers in your personal interest. 

Do not participate in or facilitate an abuse of power.  For example, if you are a contract manager of a supplier, and a public official awards a contract to that supplier without a competitive tender in breach of procurement regulations, you could be liable for facilitating the public official’s abuse of power if you know of the abuse and allow the supplier to accept the improper award.