Staffordshire University Students’ Union Student Advice Centre
Confidentiality Policy and Procedures.
Contents:
1.
2.
3.
4.
5.
6.
7.
8.
Confidentiality Statement
Definition of confidentiality
Statistical recording
Case recording
Expressed consent
Breach of confidentiality (including conflicts of interest)
Legislative framework
Ensuring the effectiveness of the policy
1. CONFIDENTIALITY STATEMENT
"The Students’ Union Advice Centre is committed to providing a confidential service
to all its users. Nothing you tell us will be shared with any other department,
organisation or individual outside the Membership Services Department without your
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express permission, unless:
1.
2.
3.
4.
to
Required by law (under the Prevention of Terrorism and Child Protection Acts)
A conflict of interest arises
It is necessary in order to ensure client and staff safety
Where it is believed that maintaining confidentiality would result in serious harm
a third party “
A copy of our Confidentiality policy is available from the Students’ Union Information
Centres or the Student Advice Centre."
This statement will be displayed in the waiting areas and advisers' offices.
2. DEFINITION OF CONFIDENTIALITY.
The Student Advice Centre understands confidentiality to mean that no information
regarding a service user shall be given directly or indirectly to any third party
external to the Membership Services Department staff (for the purposes of this policy
this would include Front of House staff in the combined Advice Centre and Students
Union receptions who are authorised to make appointments and have received the
appropriate confidentiality training), and other persons approved by the Membership
Services Manager, as well as in exceptional circumstances (where there are serious
consequences for an individual or for the Students' Union as a whole) the Students’
Union's General Manager or relevant member of the Strategic Management Team,
Full Time Officers, Legal Advisers and/or the other party to the dispute, without that
service user's prior expressed consent to disclose such information.
We recognise that information may be indirectly given out through staff informally
discussing cases. All staff should ensure that no discussions which may identify a
client should take place in the presence of those who are not covered by the
confidentiality policy.
We recognise that users need to feel secure that confidentiality can be assured when
using our services. Confidential interview space is available and users may request to
speak to the receptionist away from the reception desk to ensure no breach of
confidentiality can occur inadvertently. Staff will also ensure that their computers
are locked when they are away from their desks.
We will not confirm the user's presence in the Student Advice Centre or use of the
Centre without obtaining the user's consent.
The only exceptions to the above are where we are legally obliged to disclose, for
instance as in acts of terrorism or where a service user presents a threat to
ourselves or others.
3. STATISTICAL RECORDING
The Student Advice Centre is committed to effective statistical recording of service
users to enable us to monitor take-up of service and to identify trends, areas of
concern and any policy issues arising.
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It is the Advice and Information Team Manager’s responsibility to ensure all
statistical records given to third parties, shall be produced in anonymous form, so
that individuals cannot be identified from them.
4. CASE RECORDS.
It is the Advice and Information Team Manager’s responsibility to ensure all paper
case records are kept in locked filing cabinets and that all computerised records are
secured appropriately. All information relating to service users will be securely
locked away; this includes rough notes, telephone message pads, post which has not
been sent, copies of correspondence, calculation sheets and any other sources of
information that might identify a client. Any rough notes made should be shredded
once the case has been written up.
Case records that are currently in use should never be left anywhere where it is
possible for them to be seen. Access to Learning Fund applications should be
specifically addressed to an Access to Learning Fund Administrator .
All dormant cases will be sealed in boxes and placed in the archive room for safe
keeping for a minimum of seven years after the client's last contact with the Centre.
After this time limit has expired all records will be destroyed by shredding,
incineration, or similar expedient means.
The service user should be advised that we retain details of their case (to ensure we
are complying with the Data Protection Act) and sign an authorisation to indicate
his/her agreement. Service users should also indicate whether or not they consent to
their cases being reviewed by external confidential quality auditors. If explicit written
consent is not received case files must not be included in such audits.
5. EXPRESSED CONSENT TO GIVE INFORMATION.
It is the responsibility of individual Advisers to ensure that where we have agreed to
act on behalf of a client that s/he completes a Form of Authority (a scanned copy
should be kept on file, the original provided to the client). If further verbal consent
is given (for example, on the telephone) then a clear note of this must be made on
the case sheet.
The Student Advice Centre will accept expressed consent to update third parties
about the progress of a student’s case should our client wish this to take place.
However, the Student Advice Centre cannot advise third parties on a student’s behalf
or take case instructions from third parties.
Staff are responsible for checking with clients whether it is acceptable to call them
(or write) at home or work in relation to their case. If a message is left or the call is
taken by someone other than the user, no direct mention should be made of the
Student Advice Centre unless the client has previously indicated that this is
acceptable.
All details of expressed consent must be recorded on the case file.
6. BREACHES OF CONFIDENTIALITY.
Occasions may arise where individual workers feel they need to breach
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confidentiality. For example: under the Terrorism Act, where a conflict of interest
arises, or if a service user exhibits threatening behaviour. We recognise, however,
that any breach of confidentiality may damage the reputation of our service and
therefore has to be treated very seriously. In the event of an individual worker
experiencing conflict or personal difficulties in dealing with a particular client, the
Advice and Information Team Manager should be notified and alternative
arrangements will be made for the client, and appropriate support offered to the staff
member.
There are four situations in which we may breach confidentiality:
1. When the client has expressly asked us to. We will ask clients to complete a
form of Authority to disclose stating who they would like us to contact and
what they are happy for us to disclose. This relates to disclosure only: we will
not advise third parties on a client’s behalf.
2. When we are required to by law. There may be instances where users confide
that they have committed/are about to commit a crime. We are required by
law to disclose anything related to acts of terrorism. The Terrorism Act 2000
makes it an offence to fail to give information which may help to prevent acts
of terrorism or apprehend a terrorist. In all other instances, we will not breach
confidentiality just because we are aware that a client intends to break the
law unless it is reasonable to believe that a third party may come to serious
harm by them doing so. In the unlikely event of such a situation occurring
staff should consult with the Membership Services Manager.
We are legally obliged to tell you if we believe you are committing, or are about to
commit fraud and although this would not result in our breaching confidentiality we
could not advise you further in that area and would record this fact on your case
sheet.
3. Where a service user exhibits threatening behaviour, whether to other users
or staff, it may be necessary to summon help from outside the Centre.
Wherever possible the Advice and Information Team Manager and
Membership Services Manager should be alerted to the problem before action
is taken, but it is recognised that action might have to be taken immediately
without reference to the Manager. It will be the decision of the Manager in
consultation with the relevant Full Time Officer as to whether we can
continue to provide a service to the client in these circumstances.
4. When a conflict of interest arises, the Student Advice Centre cannot advise
both parties to a dispute. It is therefore our practise to advise only the first
party who has contacted us about the issue concerned. We shall inform them
that should the second party to the dispute contact us we will have to breach
confidentiality, as they will have to be informed that we are unable to advise
them because the first party has already contacted us. Wherever possible we
will then refer the second party to an appropriate outside Agency and the first
party will be informed of this. Where the conflict of interest involves Fitness to
Practise or other professional implications this may include a referral to a
professional union or body such as Unison or British Association of Social
Workers or to a Student Union Advice Centre at a neighbouring Institution if a
suitable arrangement can be reached to support this.
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Each client can continue to be advised by the Student Advice Centre on other
issues and will be advised of this.
Where the Student Advice Centre cannot advise one or both parties due to a
conflict of interest, and the dispute has legal implications, both parties should
be referred for independent legal advice.
Where a potential conflict of interest exists between a client of the Centre and
a member of staff (core or student staff), Officer or volunteer, this must be
disclosed to the Advice and Information Team Manager. (In the event that the
conflict involves the Advice and Information Team Manager, the matter must
be reported to the Membership Service Manager). Access to any records
relating to such cases will be denied to the staff, officers and/or volunteers
concerned. Any attempt to access such records or conceal the conflict would
constitute a breach of this policy and would invoke the appropriate
disciplinary proceedings.
7. LEGISLATIVE FRAMEWORK
The Advice and Information Team Manager will monitor this policy to ensure it meets
statutory and legal requirements including the Data Protection, Children Act,
Rehabilitation of Offenders and Terrorism Acts and good practice. Training on the
policy will include these aspects.
8. ENSURING THE EFFECTIVENESS OF THE POLICY
Existing and new workers (staff and volunteers) will be introduced to the
confidentiality policy via induction and training. The policy will be reviewed annually
by the Advice and Information Team Manager.
Date of review:
June 2014
Person responsible for review: Advice and Information Team Manager
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