CONFIDENTIALITY POLICY.

1.5 Where unauthorised disclosures of information need to be made, the service user should be made aware of the concerns and who the information will be disclosed to, unless it is not possible to contact the service user or doing so puts staff/volunteers or any other individual at risk of harm.

 

 

2 Open Records Policy

 

2.1 The Project has an open records policy. Subject to the terms of the Freedom of Information Act 2000. All written information that is recorded about a service user can be accessed by them.

 

2.2 If a service user wishes to access their file they will need to give 24 hours notice. They will then be given access to their file under the supervision of a member of staff.

 

2.3 Any agency or individual who contacts the project will be informed of our open records policy and advised only to share information which they are happy for the service user to have access to.

 

2.4 The following will not have access to files:

a) Volunteers - access will be granted following 6 months of satisfactory volunteering.

 

3 Legal Framework:

 

3.1 Children Act 1989 –

 

a) Applies to services users under the age of 18 and to the children of service users.

b) States that the child’s welfare should be the main consideration in any decisions that are made.

c) Places a duty all those involved to share information with the relevant authorities where there is a risk of significant harm to the child, However “significant harm” is not defined in the act.

 

 

3.2 Data Protection Act 1998

 

a) Outlines the legal guidelines for the collection and sharing of personal information within the organisation

b) States that the information held should be adequate, relevant and not excessive in relation to the propose for which it was collected

c) State that when information is shared it should only be the minimum amount necessary to meet the intended purpose

 

3.3 Every Child Matters (2003)

 

The New Futures Project is obliged to help meet the targets set out in this document which are:

· Be healthy

· Stay safe

· Enjoy and achieve through learning

· Make a positive contribution to society

· Achieve economic wellbeing

Of particular concern to the project is “stay safe” which it helps to meet by adhering to the Working Together to Safeguard Children” document. (Every Child Matters 2003)

 

3.4 Safeguarding children and young people from sexual exploitation

 

a) Recognises the complexity of the issues involved with young people who are involved in sexual exploitation.

b) Recognises the need for an integrated approach amongst the different agencies that maybe involved with the child concerned.

 

3.5 United Nations Convention on the Rights of the Child (1989):

 

a) Article 12 – give a child the right to express their opinion and to have that opinion taken into account on any matters that may affect them.

 

3.6 Working Together

 

a) States that children aged 16 -17 are entitled to the same level of confidentiality as would be granted to an adult (s,5.16)

 

3.7 Gillick v West Norfolk HA 1985

 

a) Set a legal precedence, which gives all young people of sufficient understanding the right to access confidential advice and support, apart from in exceptional circumstances.

 

4. Practical implementations, responsibilities and practice guidelines

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4.1 Responsibilities

 

Responsibilities of managers, supervisors and management committee:

a) To provide all staff and volunteers with a copy of this policy and access to full copies of the relevant legislation if available.

b) To brief staff/ volunteers on procedures and ensure they fully understand the policy.

c) To ensure all service users are aware of the project’s confidentiality policy and the exceptional circumstances where confidentiality may need to be breached. This is especially important when it is suspected that a service user is about to disclose some information that is ‘defamatory’ in nature (Banks, 2003) or may lead to an ‘exceptional circumstance’ (see section 4.1).

d) To ensure that service users have completed a form to say what information they are happy to be shared and to which agencies (see appendix).

e) To ensure that no information is shared without the service user’s permission; unless it is an exceptional circumstance.

f) To act as the project’s primary link with other agencies in regard to sharing of information and to sure that this is done accordance with this policy.

g) To be approachable and open to discuss issues of confidentiality with staff/volunteers.

 

4.2 Responsibilities of Staff/Volunteers:

a) To read and ensure they have understood this policy and act in correspondence with the procedures outlined within.

b) To ensure all service users are aware of the project’s confidentiality policy and the exceptional circumstances where confidentiality may need to be breached. This is especially important when it is suspected that a service user is about to disclose some information that is ‘defamatory’ in nature (Banks, 2003) or may lead to an ‘exceptional circumstance’ (see section 4.1).

c) To ensure that service users have said what information they are happy to be shared and to which agencies.

d) To ensure that no information is shared without the service user’s permission; unless it is an exceptional circumstance (see section 4.1).

e) To consult with line managers on all issues of confidentiality

 

 

4.3 Main procedures

a) On first contact with a service user ‘they should be advised what type of information the service provider keeps on record. This advice should be backed up with a handout sheet in a language the service user will understand and accessible to their relative or advocate.

b) The organisations policy on confidentiality should be made clear to all services users

c) It should be clearly explained to service users that there may be some occasions when information needs to be passed on without consultation or prior permission (i.e. to police/ social services). The circumstances under which this may happen are outlined in s. 4.1 of this document.

d) ‘A service user should not be asked to sign a blanket, wide ranging consent to disclosure. A confidentiality agreement should set out areas where information will be shared and under what circumstances and serves as a record of their consent. In other cases, the user’s consent must be obtained as the need arises (Sampey, 2003).

e) Whenever information is shared it should be only the minimum required and it is important to know what the information will be used for (Data Protection Act-www.opsi.gov.uk).

f) Anonymity should be preserved wherever possible.

g) Managerial advice should be sought where ever possible before any disclosures of information are made where prior permission has not been granted.

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4.4 Day to Day Practice guidelines

This section gives examples of how confidentiality policy is applied in day-to-day situations.

a) When making phone calls on behalf of service users:

If written permission has been given by service users on the related form, (see appendix), it is acceptable to use their name and disclose information about them; however this should only be the minimum amount necessary. If permission has not been given calls should be made ‘hypothetically’ i.e. someone calling to gather some information for a service user could ask, “what would someone need to do if…” This way the anonymity of the service user can be maintained.

b) When responding to requests for information from other agencies:

Where possible give anonymous data- for example if another agency requests statistical data from the project it would not be necessary to give names therefore preserving confidentiality. If specific information about service users is required it is important to request permission from the service users, if it has not been given previously. There is however exceptional circumstances when permission is not required (see section 1.1).

c) Referring someone to another agency:

When making initial enquiries with the other agency do so without disclosing the service user’s name or personal details, only when permission is given may their data be shared. The same principles apply as when responding to requests for information from other agencies.

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4.5 Providing access to files:

The project has an open records policy; service users may access files and Information that is recorded about themselves, this will be done under the supervision of a worker. All service users’ information is stored in individual files so there is no risk of service users accessing the files of others. Any agency or individual who contacts the project will be informed of the open records policy and advised to only share information that they are happy for service users to have access to.

 

4.6 Sharing of Information with Other Agencies

 

1. The complexity of the issues involved when working with service user’s who are involved in prostitution necessitates a sensitive and effective multi-agency approach.

2. It will be the project’s policy only to share information with other agencies when the service user has given permission for this to occur. It will also be the project’s practice

to actively encourage the service user to make contact themselves with any relevant agency or carer who may have concerns about them.

3. Project staff may be invited to attend Case Conferences, Strategy Meetings, Reviews and Planning Meetings. The role of the staff member would be to act as a supporter/advocate of the service user. It would be normal practice for the worker to attend these meetings with the expressed permission of the service user. However, in some circumstances the worker may be present in an advisory capacity without the knowledge of the service user concerned.

4. It is the project’s practice that all information relating to the service user that the project receives would be the same as that disclosed to the service user. Information in Case Conference minutes or documentation that relates to third parties, which the service user should not have access to, should be omitted prior to the project receiving their copies.

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4.7 Implications of inappropriate breaches of confidentiality

 

1. Any inappropriate breach of confidentiality is considered as ‘gross misconduct’. This is a matter for discussion by the senior management team and could result in instant dismissal

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