Policy & Procedure
Confidentiality
mentis tree CIC
Company no: 7601041
CONFIDENTIALITY POLICY
The following document provides policy statements and practice guidance on confidentiality
issues which can affect all those associated with mentis tree CIC with particular reference to
service users, volunteers and employees.
Statement of Policy
mentis tree CIC’s confidentiality policy is based upon the principles that:
All individuals have the right to confidentiality.
Information is confidential to mentis tree CIC and shared within it on a “need to know”
basis.
Individuals should have open access to information held about them, except in cases
where to do so could be a significant risk to their mental health.
The organisation has a responsibility to take all practicable steps to ensure the safety of its
stakeholders
mentis tree CIC will:
o develop and comply with locally accepted good practice.
to others. Where this is not possible, information will, subject to any over-riding statutory or
public interest duty, only be processed in accordance with the principles of the Data
Protection Act 1998.
care and support, provided they are prepared to maintain the same standards of
confidentiality as mentis tree CIC.
-operate with the police when they are investigating criminal offences
sation believes that not to do so may jeopardise
someone’s safety.
circumstances
25th May 2011
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Policy & Procedure - Confidentiality
GUIDANCE ON IMPLEMENTATION
1. Ensure that confidential information is held securely
mentis tree CIC has a responsibility to respect the confidentiality of sensitive information
about service users, volunteers, employees and other stakeholders entrusted to it.
this will usually be
a lockable filing cabinet in the staff team office.
-ups, and if removed from the
office should be subject to the greatest care and tightest security. Computer records will only
be stored on mentis tree CIC’s server, and will always be password protected.
and, whilst the information contained in them remains the property of mentis tree CIC, will
share it with others only on a need to know basis.
person concerned is respected in line with the provisions of this policy.
2. Endeavour to develop and comply with locally accepted good practice.
mentis tree CIC recognises that users of mental health services may not always have had
information about them treated with due sensitivity, and consequently has an active
commitment to good practice in this area.
Therefore:
mentis tree CIC services will be made aware of the organisation’s
commitment to confidentiality.
mentis tree CIC will actively work with other agencies in developing and implementing
optimum practice in the area of confidentiality.
As part of its commitment to good practice, mentis tree CIC will:
rvices in pursuit of their rights.
If anyone is aware of poor practice within mentis tree CIC and feels unable to use the usual
system for tackling the problem, they are encouraged to alert an appropriate third party.
mentis tree CIC will ensure that the person is not disadvantaged by taking such action.
3. Endeavour to have the service user’s permission before disclosing information
about them to others
It is good practice for all to ensure that they have the permission of the service user before
making disclosures of confidential information.
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Policy & Procedure - Confidentiality
Therefore:
mentis tree CIC services, they should be given a clear
explanation of their rights to confidentiality, and also in what circumstances disclosures may
be necessary, as outlined in this policy. They should also be given a copy of the policy
summary and be asked to sign it to show they understand the content. (Appendix A)
ensure that the person is aware of the information being given and for what purpose it will be
used.
exchanges of information should be made clear to the individual.
4. Exchange information with other agencies involved with an individual in the
planning of care and support.
mentis tree CIC recognises the need for collaborative working on care planning with other
parties in order to further the interests of individual service users. Information exchange is
important in ensuring the support is effectively implemented.
Therefore:
mentis tree CIC workers will participate in planning and review
meetings concerning the individuals they support.
mentis tree CIC workers will try to ensure that service users are able to participate fully in
the exchange of information.
mentis tree CIC workers may need to pass on, request, or receive confidential information
relating to the service user concerned.
5. Comply with legislation which relates to the security and/or disclosure of
information.
mentis tree CIC will comply with any legislation which relates to the storing, recording and/or
disclosure of information.
Therefore:
compliance with the requirements of the Data Protection Act 1998. The Act data to be
- Fairly and lawfully processed
- Processed for the limited purposes for which it was collected
- Adequate, relevant and not excessive
- Accurate
- Not kept longer than necessary
- Processed in accordance with individual rights
- Kept secure
- Not transferred to non-EEA countries without adequate protection
legislation.
to gain access to records which are held about them by other agencies.
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Policy & Procedure - Confidentiality
6. Co-operate with the police when they are investigating criminal offences
There may be occasions when the police request information regarding a criminal incident. In
such circumstances mentis tree CIC will give the police the necessary assistance whilst also
doing all it can to ensure that the rights of the individual(s) concerned are respected.
Therefore:
mentis tree CIC employee for information
about a service user, it will probably be reasonable to give the information required. Staff
should not make such disclosures without first seeking guidance from the Managing Director.
Factors to be taken into account might include the seriousness of the investigation, the
rationale given for requesting the information, and their knowledge of the service user
concerned.
er stakeholder,
mentis tree CIC will co-operate with the police. The organisation may also take action in
accordance with the staff terms and conditions of employment.
mentis tree CIC is responsible will only
be given if the police have a warrant, or if the service user has given their permission.
mentis tree CIC property, receipts will be obtained
before any items are removed.
r being formally questioned, mentis tree CIC will advocate the
use of an Appropriate Adult, and will endeavour to provide appropriate support for the service
user concerned.
mentis tree CIC employee if the
staff member concerned has been trained in the role and has the authorisation of their linemanager.
7. Disclose information if the organisation believes that not to do so may jeopardise
someone’s safety.
Whilst mentis tree CIC will do all it can to protect an individual’s right to confidentiality there
may be occasions when concerns about safety will override this principle.
The circumstances in which this may be necessary are where serious concerns have arisen
regarding:
of suicide or attempted suicide.
-harm
-neglect
Following consultation with the line manager, mentis tree CIC staff may have to alert the
relevant authorities and disclose necessary information in order to fulfil its responsibilities in
this area.
For further information and guidance see the risk assessment policy.
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Policy & Procedure - Confidentiality
8. Restrict an individual’s access to information relating to them only in exceptional
circumstances
In exceptional circumstances mentis tree CIC may find it necessary to withhold information.
This would only be likely to happen when the organisation is in dispute with the individual or
if it was felt that the wellbeing of the person concerned would be adversely affected by
having the information.
The decision to withhold information should not be taken lightly, and in general the principle
of open access should prevail. However, if this principle is over-ridden, the responsibility for
the decision should rest with the Managing Director.
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Policy & Procedure - Confidentiality
Confidentiality at mentis tree CIC
Statement of Policy
mentis tree CIC’s confidentiality policy is based upon the principles that:
All individuals have the right to confidentiality.
Information is confidential to mentis tree CIC and shared within it on a “need to know”
basis.
Individuals should have open access to information held about them, except in cases
where to do so could be a significant risk to their mental health.
The organisation has a responsibility to take all practicable steps to ensure the safety of its
stakeholders
mentis tree CIC will:
have the service user’s permission before disclosing information about them
to others. Where this is not possible, information will, subject to any over-riding statutory or
public interest duty, only be processed in accordance with the principles of the Data
Protection Act 1998.
care and support, provided they are prepared to maintain the same standards of
confidentiality as mentis tree CIC.
on which relates to the security and/or disclosure of information
-operate with the police when they are investigating criminal offences
someone’s safety.
rict an individual’s access to information relating to them only in exceptional
circumstances
I have read and understood the above and have had explained to me the usual
circumstances under which mentis tree CIC will pass on information about me. I also
understand that it will not always be possible or practical for mentis tree CIC to gain my
express permission each and every time information is shared.
Name:
Signed:
Date:
25th May 2011
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