Confidentiality Policy

The purpose of this Confidentiality Policy is to lay down the principles that must be observed by all Handcrafted staff and trainees who have access to person-identifiable information or confidential information. You need to be aware of your responsibilities for safeguarding confidentiality and preserving information security as part of the duty of care we all have to our trainees and residents.

This policy will be reviewed as required and at least annually by the group or individual responsible for review and authorised by the Trustees as below:

Group or individual responsible for review	The Ethos and Values Steering Group
Last review and approval	03/08/2024

Principles

• Because of the nature of our work, you will frequently encounter sensitive information that requires discretion and confidentiality. There will, however, be certain disclosures that you may not be able to keep to yourself and occasions when keeping absolute confidentiality may be impossible.
• Medical, legal and counselling professionals can offer greater confidentiality than we can, but still within the limits below. Any of our trainees who is concerned for their privacy can speak to such people instead.

The balance of public interest favours the prevention and detection of serious crime over the protection of confidences. Murder, manslaughter, rape, treason, kidnapping, child abuse or other cases where individuals have suffered serious harm may all warrant breaching confidentiality. Serious harm to the security of the state or to public order and crimes that involve substantial financial gain and loss may also fall within this category.

In contrast, theft, fraud, or damage to property where loss or damage is less substantial would generally not warrant breach of confidence. (DH, 2003a: 35).

The best practice guidance of the BACP (British Association for Counselling and Psychotherapy) advises that information that could prevent serious harm to individuals is passed on as appropriate to the relevant authorities.

If people are likely to disclose sensitive information, you should in the first instance encourage them to make the disclosure directly to a professional or relevant authority or get their consent to pass it on to either your line manager, the Safeguarding Officer or to relevant authorities such as the police or emergency services. This could be because of one of the reasons listed in 1.3 above, but also if:

• it will have a significant and negative effect on the wider community (e.g. physical or mental health, moral or relationship issues)
• You as a worker need support and advice

Practice

Breaching Confidentiality

If you have decided that you must share sensitive information about identifiable individuals, you must take care you do so gently and respectfully and that you:

• Communicate verbally, not by electronic, digital communication
• Involve the minimum number of people on a 'need-to-know' basis
• Disclose only the minimal amount of information necessary in the first instance
• Disclose only for reasons you best perceive to be the good of the individual or public interest.

How and when to ask for consent and anticipate a disclosure

We are in a position of trust and people may assume that we will keep their confidences under all circumstances.

You should be clear when talking to trainees and residents that about the possible exceptions to confidentiality. In a one-off or unexpected situation, people about to disclose something very personal and private often look and sound awkward. Observe their body language and, if needed, interrupt them. You can say, ‘I’m so sorry to interrupt, but if you might be about to disclose something very sensitive, I want to explain that there are some things I am obliged by law to pass on if I know about them’.

How to decide what to pass on and to whom

If it is a ‘Safeguarding’ issue then follow safeguarding guidance and only contact the Safeguarding Officer or their deputy.

Safeguarding is a term used to denote measures to protect the health, well-being and human rights of individuals, which allow people — especially children, young people and adults at risk — to live free from abuse, harm and neglect. (See the Handcrafted Safeguarding Policy for more information)

You should make secure notes of facts but ask no leading questions.

Otherwise, ask if they have told anyone else and establish what their support network is. From that, you can tell whether appropriate people are available to support them.

If you are at all unsure about what to do, talk to your line manager or someone more senior without including any information that could identify the individual you are concerned about. Together you can decide what to do next.

Information you might want to pass on but are not required to

After a very private disclosure, there will be times when you think it would be helpful for others to know, and yet, you know you are not obliged by law or advised by this policy to pass it on. In these cases, discuss with the individual why you believe this and encourage them to share it or permit you to share it.

You can still talk with your line manager about any case anonymously if you need further support and advice.

Allegations of historic sexual abuse

Widespread media attention on the subject of historic sexual abuse has given greater confidence to individuals who were victims of abuse in the past to come forward. You may find that someone makes a disclosure to you.

In such cases, your priority is to support that individual in making the allegations known to the relevant authorities and/or accessing professional help if they wish.

• Allow them to speak and don’t ask leading questions
• Do not show surprise or alarm or attempt counselling
• Make a private and secure written record of the conversation
• Ask them whether they would like to take the issue further or what they would like you to do with the information.

If possible ascertain if there is an ongoing safeguarding issue (e.g. if the individual concerned is likely to be an active risk to other people) - in such cases, you may need to contact the Safeguarding Officer for the reasons outlined above.

Use of Social Media Platforms for Work

Trainees and residents, or their friends or family members may ask to be your "friend" on Facebook or another social-media platform. In some cases, where using a social-media messaging service is an effective way to contact someone who is difficult to reach, or where social-media updates could give early warning of someone being at risk, this could be seen as positive.

Nevertheless, the privacy afforded by social media channels and third-party apps varies and is subject to frequent changes that are nearly impossible to monitor and control and which may lead to the unintended disclosure of a vulnerable individual's personal information. It is important for all staff and trainees to be aware of this when responding.

There is no expectation that staff would or should become friends with residents, trainees, their friends or family, on social media. This is a matter of your personal discretion, with the following conditions:

Privacy Protection

Be aware that posts made through personal online accounts that are public can be seen and may breach Handcrafted policy if they bring the organisation into disrepute. This includes situations when you could be identifiable as a Handcrafted employee or volunteer whilst using social media, or occasions when you may be commenting on Handcrafted-related matters in a public forum.

If you accept contact requests from any individual who engages with Handcrafted services or has a friend or relative engaged with our services, you must ensure that your other contacts are not visible to them. This is to protect the identity of other people with whom you have contact who may also be trusting you with their information.

i.e. on Facebook, you must set the privacy option to "hide" your friends.

It is also advised that you protect personal details about your life outside of Handcrafted (e.g. where you live).

Protected Individuals

Some of the people who use Handcrafted services are particularly at risk and it is vital that we protect their identity and/or do not inadvertently reveal their whereabouts. This includes individuals who are housed in women's refuges, those who are under witness protection, and people who are known to be on the Sex Offender's Register. You are strongly advised not to associate with them via social media platforms.

Accountability

If you are unsure how this applies to a particular individual and you are in any doubt, make sure you agree on an approach with your line manager and record the decision.

You don't have to add somebody to your contacts just because other team members have done so. Exercise particular caution if you feel under pressure or manipulated to add anybody.

You are encouraged, as a matter of good practice, to make people aware of the privacy implications if possible before accepting their invitation to connect.

Lending your device

Do not allow somebody else to 'borrow' your device without your close supervision, even for 'a quick phone call' or 'to check email'.

Failure to comply

Be aware that failure to comply with the above conditions may lead to action under the Disciplinary Policy and Procedures, up to and including dismissal.

Referral Contact Details

• Safeguarding Officer: Dan Northover (07917 037479)
• Deputy Safeguarding Officer: Harry Jennings (07501 724686)
• Deputy Safeguarding Officer: Ruth Crichton (07585 847908)
• Social Care Direct: 0845 26 79 79
• Northumbria Police Child Protection Unit: 0191 4547555 ext. 66264/5/6
• thirtyone:eight Safeguarding Helpline: 0303 003 11 11
• Crisis Team: Call 111 and ask for the Crisis Team if someone is in immediate danger.
• Emergency Services: Dial 999 for police, ambulance, or fire services.