Reviewed and agreed by Priority Management Team August 2000

Introduction

The principle of this policy is to establish confidentiality as a right and set clear guidelines for Priority Youth Housing to ensure good practice.  Where records and information relating to clients and committee members/students etc are kept, Priority Youth Housing will need to be clear why this information is held and who needs to have access to it.

Confidentiality can mean different things to different people e.g. in some professional settings there may be a policy of 'Team' confidentiality, where information is shared and restricted to certain people in the team, rather than kept by one individual.  Where relevant this policy specifies whether information is shared in the team or kept by one individual.

Breaches in confidentiality may jeopardise the well being of staff/clients.  When working with young people it is essential to create a trusting relationship on which some forms of counselling and advisory work depend.  However, young people should think very carefully before making certain types of disclosures and be aware that a team confidentiality policy is operational.

Discussion on issues of confidentiality will be encouraged both in team meetings and in supervision; the purpose of this is to increase the staff team’s understanding of confidentiality and to ensure that confidentiality is given a priority within the organisation.

Breaches in confidentiality, which are contrary to the terms of this policy, may be subject to disciplinary proceedings or in the case of clients possession proceedings or a withdrawal of services.

General Principles

1.            Disclosure

a) The ultimate reference point for deciding who should be informed of a piece of confidential information should be the individual concerned. 

b)            Informed Consent

                        It should be stressed that consent should be informed consent i.e. the reasons for sharing/not sharing information should all be discussed with an individual.

2.            Personnel and Administration

a) All staff will be given a copy of the confidentiality policy as part of their induction. The implications of the policy for their work will be explained.

b)                 Personnel files and other confidential staff records will be kept in a locked cabinet for which the line manager and Director are the only keyholders.

c) Job application forms, job interview records and job monitoring forms are confidential to Priority Youth Housing. The interview panel will hand in all papers at the end of interviews.  Application forms and records of the selection process will be kept for a period of 6 months; any papers not required for Priority Youth Housing records will be shredded.

d) Equal Opportunity Monitoring forms will be sent in separately from application forms.

e)    References - when references for new employees are requested, it will be made clear that the references will be available only to the staff member concerned, otherwise they will be confined to the line manager/Director and members of the interview panel. 

f)    Supervision - with the exception of disciplinary action, information discussed in supervision will be confidential to the people concerned in the meeting and the supervisor’s line manager.

g)    General Office - the Administrator is responsible for ensuring that all staff keep to the office systems procedure.  This entails being clear about who has access to what information, that filing cabinets and key boxes are locked when the office rooms are not staffed.

h)                Computer

                        Priority Youth Housing is registered under the Data Protection Act 1998.

                        Individuals have the right to:

                        *  be informed if information is held on her/him

                        *  have access to such information within 40 days

                         *  where appropriate to have it corrected or erased

Exemptions:

*  mailing lists

*  pay details

*  statistics, providing persons cannot be identified

*  information acquired from statutory agencies, which may cause harm to that individual or another.

  Confidential information stored on disc will be kept in a secure and locked cabinet.  Where information is erased on computer for reasons of confidentiality, it must also be erased on all back-up discs and copies.

3.                Clients

a) Any information held on clients will be confidential to members of the staff team.  Clients will have access to their own files through appointment with their key worker.  All files are kept secure and destroyed after 3 years.

b)                 Records Kept

i) Information regarding application details, references, next of kin, previous address, contact numbers etc and on-going correspondence between Priority Youth Housing and any client will be kept in the client’s file.

ii) Records kept will include details on application, allocation and departure of clients.  The details kept include: age, gender, disability, racial/ethnic origin, referral source, how long on the waiting list, type of accommodation offered, date of departure, how long using Priority services, reasons for leaving, where moved on to, criminal record (where appropriate).

iii) Priority Youth Housing may give information to Housing Benefit Departments when this has been authorised by a client.

c)    Through support and advice work with young people, notes and records may be kept, however, the following is to be noted.  If a worker receives a contentious or difficult unsolicited disclosure and is asked to keep it to themselves, they will need to make clear that staff may need to share information with their Line Manager in 'de-briefing' sessions and that it is possible for staff to:

i)             refuse to agree to a contract of absolute confidentiality and

ii) not to continue a conversation if they feel that it may be heading to an area of disclosure that they are unhappy to take on board.  Wherever possible, consent is sought to share this information.

d) Where staff find themselves in a social setting with clients or potential clients, an introduction is to be made.  If contact is not accepted or acknowledged then non-participation is to be accepted.  It is recognised in social settings that a client has a right to be anonymous and not attached to a 'project.'  Any interaction should maintain confidentiality.

e)                 The staff team will assess when a situation necessitates breaching confidentiality.  Confidentiality is rarely broken.  The type of instances in which confidentiality may be breached are as follows:

q       If a client poses a serious risk to themselves or others.   In these instances Priority may give information to statutory/emergency services. E.g. Police, Social Services, Probation or to another housing agency or support agency.

q       Information will be provided to the Police and where relevant insurance companies, when crimes have been committed against Priority’s: staff, residents and property.

f)                   Clients are expected to respect the rights of other clients as regards personal information on each other.   A breach of confidentiality by a client about another client may be viewed as harassment and may be seen as cause for a withdrawal of services or eviction under the relevant clauses of their occupancy agreement.

g) All new clients will be given details of the Confidentiality Policy.  Their key worker will explain the principles and the consequences of breaches of confidentiality by them or other clients.

h)             Clients are expected to respect the rights of staff to confidentiality.

i) Clients taking part in media events must not disclose a project address or names of other clients for public information.  Clients will be clearly informed that they are not obliged to take part in any media events if they do not wish to do so.

j) The location of the dispersed housing managed by Priority will not be disclosed to outside agencies unless there is a legal obligation to do so, or it is in the interest of the residents of the property to do so.  Residents of the property will normally be informed prior to disclosure and where possible they will be consulted.

k) Visits by external agencies and interested individuals to housing managed by Priority Youth Housing will be conducted only where appropriate and with residents receiving notification.  Such visits will only be allowed when they are essential in assisting the organisation to meet its aims and objectives, or if residents of the property would miss out on an opportunity which would benefit them and in which they have expressed an interest.

4)             External Agencies and Contractors

a) Contractors and consultants employed by Priority Youth Housing on a regular basis will be informed of the nature of the Organisation’s work.  All contractors and consultants will be asked to sign a record book covering the collection and return of keys.  All contractors will receive copies of Priority Youth Housing's Equal Opportunities Policy and Procedure and Confidentiality Policy.  In return we will apply to the contractor/consultant for a copy of their Equal Opportunities/relevant policies.  Alternatively a written statement explaining their commitment to the principles as set out in our policies.

b) Where partner Housing Associations employs contractors and consultants they are informed of the partners policies.  Details relating to these arrangements are set out in the Management Agreement held between two parties.  Copies of both the partner Housing Association's and managing agents Equal Opportunities Policies and Procedures and Confidentiality Policy are included as appendices to the Management Agreement.

5.         Board of Directors

Board members will be sent a copy of the Confidentiality Policy and asked to implement it in relation to their own committee papers and information discussed at committee meetings.

a)     All committee papers will be considered confidential and marked 'Private and Confidential.'  These will be posted to the member's home address. Where representation is made through other agencies and not as an individual, the representative must ensure that other staff in the workplace do not open post received from Priority Youth Housing.

b) Reference to clients at committee meetings will be coded and not named.

c)     Arrears reports will be made in terms of figures only.  Specific names or addresses will only be mentioned where absolutely necessary for the committee/Board to make a decision/ judgement.