POLICY NO: 013
Confidentiality Policy
Compiled by:
Brian Tobin
In Consultation with:
Trustees, Staff, and Volunteers
Ratified by:
Trustees
Implemented:
Next Review Date:
Cross References:
This index outlines some
of the key policies and
arrangements in place
that support and enhance
this policy
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Data Protection
Confidentiality and Information Sharing
Safeguarding Children
Safeguarding Vulnerable Adults
Recruitment of Ex-offenders
Police on premises Protocol
Serious Incident & Accident
Introduction
A confidentiality policy is necessary to protect clients, staff, trustees, volunteers and sessional
counsellors from the possibility of information about them being passed on to individuals and
organisations who have no right to such information. It is also important to provide guidance to
everyone involved in the activities of Iceni on the extent to which confidentiality is preserved,
circumstances where it may be breached, and measures to be taken in either eventuality.
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Definition of ‘Staff’
In the context of this policy, all references to “staff’ refer only to those individuals who have
been designated as staff by the Director after having decided that they are appropriately
qualified. In the case of volunteers, this designation will not be made until a probationary
period has been served and an appropriate induction and training course completed.
Confidential Files
Files containing confidential information about clients must be kept in a secure environment at
all times. These files are only open for inspection to the staff working with the individual client,
managers and the client’s counsellor and/or therapist(s). Volunteers within Iceni are not
normally given confidential information about clients unless in cases of emergencies or explicit
permission has been given by a manager i.e. for data collection and administrative support.
General Confidentiality Statement

All Iceni staff, trustees, volunteers, sessional workers, students and anyone who acts on
behalf of the organisation are expected to respect the right of clients and of other
employees and volunteers to privacy and confidentiality as far as possible within the
constraints of legal requirements and the safety of other people.

Absolute confidentiality cannot be guaranteed and this should be made explicitly clear to all
clients at the earliest opportunity.

Where it is thought necessary to pass on information to another individual or organisation
this will be on a strictly “need to know basis”. The consent of the person about whom the
information is passed on will be sought if at all possible, and that person will be informed
that the information has been passed on and to who it has been passed, preferably in
writing.

This policy covers not only information given deliberately by the person concerned or by
other people about the person, but also information acquired accidently or through
observation.
Iceni and confidentiality
Confidentiality is the central trust between clients and Iceni, enabling an open and honest
relationship. However, information sharing is also central to providing clients with a seamless
service involving other agencies. Information needs to be shared between services about clients
who are in contact with multiple agencies and those whose care is transferred from one agency to
another. Any sharing of information between agencies is only done to meet the clients need and
to reduce the risk of harm to self and others. The sharing of information with other agencies will
only be carried out with the explicit consent of the client.
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The staff and clients of Iceni must understand when information will be kept in confidence, when
it will be shared with other services involved in their care and in what circumstances
confidentiality will be breached. This policy should explain these principles, but if there are any
further queries, or concerns you may have regarding confidentiality please contact the Director or
manager.
No service can offer absolute confidentiality. Whilst Iceni is determined to sustain and develop,
effective management policies and procedures based on an open and honest approach towards
confidentiality, there may be occasions when aspects of confidentiality are out of our control. In
particular, it is hoped that clients will not discuss anything that may affect other client’s
confidentiality whilst off the premises. We have to rely on trust regarding this matter, but
nevertheless Iceni cannot be held responsible for any breaches of confidentiality that occur off
the premises due to a clients indiscretion. We will of course strongly encourage all clients not to
discuss confidential matters off the premises.
Duty of care and Iceni
Iceni owe a “duty of care” to the users of its services. It may therefore be necessary to breach
confidentiality where a client is acting, or likely to act, in a way that could cause serious harm to
him or herself, or put others at the risk of harm. Iceni also owe a more general duty of care
towards members of the public. It may be necessary to inform the police or other relevant
organisations where there is a possibility of serious risk to a particular person or persons, or the
public in general.
Everyone involved in the activities of Iceni, share with all citizens, a duty of care towards children
and people whose mental or physical condition makes them particularly vulnerable. If anyone at
Iceni knows or suspect that a child or vulnerable person is being sexually or physically abused
then a manager or the Director need to be informed. Details of what actions Iceni take in such
circumstances are available in Safeguarding Children and Vulnerable Adults policies.
The counsellors at Iceni have a duty of care not only to their individual clients but to the
organisation as well. In this setting Iceni hold clinical responsibility and must therefore be
consulted where issues of risk appear regarding the health and safety of their client and other
clients at Iceni. The counselor must ensure that the client is aware of and agrees to the above at
the first session. Further information about counseling and confidentiality at Iceni is contained in
Confidentiality and Information Sharing Policy.
Circumstances where confidentiality may be breached
No information about clients will be passed on to any individual or organisation outside of Iceni
without the permission of the client except under the confidentiality requirements of the Children
Act (1989) The only other exceptions may be where:
(a)
There is reasonable evidence to indicate that a client intends serious violence or
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that such violence has already occurred.
(b)
A client is using illegal substances on Iceni premises or there is evidence
to indicate that the client is dealing in such substances anywhere in the close
vicinity.
(c)
A client has been identified as being likely to cause serious self-harm or is likely
to be harmed by others.
(d)
There has been theft or attempted theft from Iceni premises or deliberate
damage to the properly or its contents. Its contents’ includes the private property
of individuals.
(e)
During a medical emergency.
Other legal and statutory requirements
The general law does not give an absolute right to confidentiality except where there is a
contractual provision to this effect. The people who owe an absolute duty of confidentiality are
lawyers whom a client has given information in relation to an actual or contemplated legal action.
Legal and statutory requirements affecting Iceni include replying to certain government
departments (DoE, DSS, IR, etc). Not all such enquires are covered by statutory requirements so
a check on the legal status of the request should be made before supplying information. Passing
on information on terrorist activities to the police and giving evidence in court if a sub-peona is
issued are legal requirements.
Procedures
Except in the most extreme and/or urgent circumstances, a decision to breach confidentially
will only be taken by joint agreement of at least two and preferably three members of staff. At
least one of these members of staff must be the Director, Manager, or their appointed
deputies. Wherever it is possible to do so, the most senior member of staff who is involved in
the decision to release it will inform the client of any release of information.
1.
On request any client is entitled to see his/her treatment records. The procedure
for accessing records is available in The Subject Access Policy.
2.
At the discretion of the senior manager and/or the client’s counsellor or therapist,
information, which concerns the treatment of a client, may be shared with other
members of staff in strict confidence.
3.
It may sometimes be necessary for Iceni to publish statistics and reports. When such
material is available to readers outside Iceni the material will be produced in such a way
that it will not be possible to identify individual clients unless consent has been explicitly
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agreed with the individuals(s) in question.
4.
Messages on the answering machine are only played back by staff in
circumstances where they cannot be overheard. Similar precautions are taken in
relation to telephone conversations, the opening of mail and any other possible
source of information that is confidential.
5.
All the rules above about the confidentiality of clients also apply to the deceased.
6.
All members of staff and volunteers agree to be bound by the provisions of this policy. If
they should leave their position with the Iceni then they also agree to maintain this level
of confidentiality for a further period of at least five years.
7.
All matters relating to media involvement and production/distribution of publicity
material about the project are to be dealt with by the Director or named deputy
Manager. Any enquiries from press, TV, radio etc are to be referred to him/her.
Confidentiality and The Criminal Justice System
There are occasions when Iceni adopts specific confidentiality boundaries in order to meet
obligations of the criminal justice system. In particular, we have a duty to local prisons and
bail hostels to report any breaches or intended breaches of security. These breaches also
include the misuse of drugs and non-attendance and any incident where it appears that a
licence agreement has been contravened.
If a client is referred from prison or a bail hostel then it is expected that he/she will give Iceni
their informed consent to share specific information with these organisations. A member of
staff will discuss and clearly explain these specific confidentiality issues during the
assessment process and clients will be expected to sign a consent form. Iceni will not provide
treatment if consent is not given by the client to share agreed relevant information with
prisons and bail hostels.
If it is a condition that a client referred from either prison or a bail hostel has to undergo drug
testing as part of a specific order or licence agreement, then the results of any such tests will
if necessary be shared between Iceni and the appropriate referring organisation. Again, we
will not offer treatment to anyone who does not give their consent to share drug test results.
This policy will be monitored throughout the year and reviewed in March 2012
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