Breaches of Confidentiality

Policy

Procedure

In-house discussion

Consultation with Age Concern England

. Final decision

Guidance - Child Abuse

Calling the police

Safety of a client or others

Conflict of interest

Disclosure of crimes

Social security

Author

Policy

Confidentiality may be breached only where, based on evidence:

? a client or someone else is in serious danger

? the good name or reputation of the organisation is at risk

? disclosure of information is required by law

? a potential conflict of interest exists.

A decision to breach confidentiality will always be taken very seriously.

Before a breach of confidentiality is sanctioned a judgement as to whether there is a serious risk of danger to the client or others or to the organisation will need to be made.

This decision will be based on:

? the balance of probability that such a risk exists

? the likelihood of the risk materialising

? the impact of the risk should it materialise.

A breach of confidentiality will not be sanctioned where there is little prospect of the risk becoming reality or where there is no evidence that there is a risk. Back to top

Procedure

The procedure is designed to support staff by assisting them to reflect on the circumstances and clarify issues before a decision on breaching confidentiality is made and any action taken.

The procedure has three distinct stages. A decision not to breach confidentiality may be made at any stage. A decision to breach confidentiality can be made only at the final stage. The procedure does not necessarily take very long although in many cases there is no need for a speedy decision. Back to top

In-house discussion

In the first instance the adviser should talk to the manager. He or she may discuss the matter with a more senior line manager or consult more widely with other SU advice centres. If, for whatever reason, it is not possible for the adviser to contact the manager, s/he should consult AdviceUK. Back to top

Consultation with Age Concern England

The manager or adviser should then consult Age Concern England management support to see if they can provide further useful guidance. Back to top

. Final decision

This lies with the manager and all stages should be fully recorded. Back to top

Guidance - Child Abuse

The Children Act 1989 and related legislation impose a statutory obligation on a number of professions to report actual or suspected harm to children; this duty does not apply to Age Concern Okehampton and Torridge

Where the possibility of abuse is drawn to an adviser?s attention s/he may feel a moral obligation to act on the information. This is understandable, but should not lead to an adviser or the organisation automatically breaching confidentiality. The three-stage procedure should be used in every case.

In most cases, the allegations of abuse are made by a third party without first hand evidence. It may be possible for the adviser to help the third party to consider different options and perhaps obtain her/his permission to contact other agencies, or to make an appropriate referral. Back to top

Calling the police

In exceptional circumstances, where there is concern for the immediate safety of anyone in the centre, it may be necessary to call the police. If possible, a clear warning should be given that if a particular behaviour continues or is repeated the police may be called and be given the client's name and address. Back to top

Safety of a client or others

Where we are concerned for the safety of a client or someone else and the client has left the premises, the usual procedure must be followed if a breach of confidentiality is being considered Back to top

Conflict of interest

In some situations client confidentiality can be breached in so far as a client has to be told that the other party to a dispute has already consulted with us. Back to top

Disclosure of crimes

In England and Wales there is no duty to report a criminal offence, although it is an offence to assist in the commission of a crime. Being aware that a crime might take place is not, except in very unusual circumstances, assisting in the commission of that crime. However, if during the course of an interview a client begins to give information about criminal activities, it is good practice to warn the client of the consequences as the adviser could be summoned as a witness. There are two exceptions where there is a legal duty on advisers to report information:

? Terrorism - Under the Terrorism Act 2000, it is an offence for a person holding information about acts of terrorism to fail without reasonable excuse to disclose that information. The Act applies to individual advisers rather than to the advice centre as a legal entity.

? Drugs and money laundering - The Drug Trafficking Act 1994 makes it a criminal offence to fail to report to the police suspicion or knowledge of drug money laundering gained during the course of contact with a client. The organisation will normally be required to disclose information. Back to top

Social security

Legislation, including the Child Support Acts, gives wide powers to inspectors to make enquiries and to examine records. These powers in theory extend to the examination of clients? case records. In fact these powers have never yet been used in this way in social security investigations and the Child Support Agency confirms that there is no intention to do so in their investigation procedures. Back to top

Author

Written by:
BarrieDuke
Chief Officer
Age Concern Okehampton and Torridge Back to top