Confidentiality Policy

Aim

Cavendish Homecare Professionals aims to ensure that the privacy and confidentiality of clients is respected, and that confidential personal data held about them is maintained securely within our online platforms and not shared without their consent.

Policy

Cavendish Homecare Professionals believes that confidentiality and privacy is an absolute right of every client and that breaches of confidentiality may lead to distress and harm. Therefore, at Cavendish Homecare Professionals:

• The privacy of clients will be respected at all times by all staff and all information received about or from clients will be regarded as confidential.
• Staff will always seek to ask permission before any information about clients is shared or given to anyone else.
• Staff will not provide information to relatives, spouses, friends or advocates without the consent of the individual client concerned.
• All enquiries for information, even if they are from close relatives, should be referred back to the client or the client’s permission sought before disclosure.
• If being asked for information over the telephone staff should obtain the caller’s details and ring them back before handing over any client information – staff should always check the identity of callers.
• Staff should only disclose information:
  • with the permission of the individual
  • in compliance with any statutory or legal obligations
  • for the legitimate interests of a third party who has a legal right to such information
  • where the courts have ordered such a disclosure
• Before responding to requests for confidential information from insurance companies, solicitors, employers and so on, staff should seek written consent from the client concerned – they should never divulge information without consent unless obliged to by law.
• Staff will be expected to comply fully with the requirements of the Data Protection Act 1998; only relevant personal information about clients will be kept, and this will only be kept for as long as is necessary to ensure the highest standard of care for clients.
• All files or written information of a confidential nature will be stored in a secure manner – paper files will be kept in a locked filing cabinet and electronic information will be stored on password protected secure networks.
• Confidential information will only be accessed by staff who have a need and a right to access it – staff should never share passwords.
• Wherever practical or reasonable staff should fill in all care records and clients’ notes in the presence of and with the co-operation of the client concerned.
• Staff should ensure that all care records and clients’ notes are signed and dated.
• Wherever practical or reasonable staff should fill in all care records and clients’ notes kept on our secure electronic recording system in the presence of and with the co-operation of the client concerned.
• Staff should never:
  • discuss clients’ personal business in public areas where conversations might be overheard
  • discuss clients’ personal business on the phone where their call might be overheard
  • gossip about clients
  • discuss clients with other staff, volunteers or healthcare professionals who are not directly involved in the care of the client
  • send unsecured emails, faxes or documents containing personal information pertaining to clients. Any personal information must be sent via secure email, mail or fax and should be marked ‘confidential’.
  • save confidential information on an unsecured or unencrypted laptop or data storage device
  • save confidential information into unsecured parts of the IT network
  • dispose of documents containing personal information in standard waste streams. Any confidential documents that are to be disposed of should be shredded.
• In exceptional circumstances a member of staff may be required to breach confidentiality in order to safeguard a client, or another person, or protect their best interests. All such cases should be immediately reported to a manager and will be thoroughly investigated.
• Breaches of confidentiality will be regarded as serious matters. Disregard of this policy may be regarded as a disciplinary offence and investigated according to Cavendish Homecare Professionals’ disciplinary policy.
• Clients will be shown a copy of this policy and staff will do everything they can to ensure that they understand the contents of the policy.

Management duties

Managers and supervisors in Cavendish Homecare Professionals have a duty to:

• ensure that appropriate confidentiality policies, procedures and protocols are in place, are effectively implemented, are clearly understood by all members of staff, including temporary and agency staff, and are regularly reviewed and revised in light of the most recent best practice guidelines and reported incidents
• ensure that the organisation has clear procedures about what to do when staff think there is a confidentiality breach including what to do during and after an incident, and what follow-up there should be
• monitor complaints and compliments relating to confidentiality, consent and data protection issues, taking action as required and fully investigating any complaints
• ensure that clients, and their relatives and representatives, have adequate processes in place to be able to register queries or complaints about confidentiality or consent issues and to have their thoughts listened to and acted upon
• ensure that an effective incident reporting process is in place and that any data protection incidents or near misses or breaches of confidentiality are accurately reported and investigated
• monitor carefully any incident reports, including those regarding near misses, relating to data protection and confidentiality issues in order to identify and address any trends or patterns and to identify if risks are being effectively controlled, that is, if reported incidents are reducing in number
• ensure that adequate and suitable training programmes are carried out which includes induction training on data protection and confidentiality for new staff
• regularly audit the use of this policy and the effectiveness of procedures to maintain confidentiality
• ensure that our electronic recording systems remain secure at all times

Staff duties

Cavendish Homecare Professionals’ staff have a duty to:

• always respect the privacy of clients and their rights to have their confidentiality protected
• always act in full compliance with the Data Protection Act 1998 and with associated guidelines and best practice
• understand the importance of obtaining consent before they divulge any confidential information and acquaint themselves with the procedures for obtaining consent operated by Cavendish Homecare Professionals
• comply fully with organisational policies on confidentiality and data protection
• attend appropriate training

Training

At Cavendish Homecare Professionals:

• all new staff will be required to read and understand the policies on data protection, record keeping and confidentiality as part of their induction process
• existing staff will be offered ongoing update training on confidentiality, data protection, information governance and access to records.
• all staff who record, store or use personal data will be thoroughly trained in the use of manual and computerised records systems.

Date: January 2024

Version: 8 (Review)

Source: Expert Care Manager