Home –Start Westminster Home-Start and Confidentiality All personal information about parents and families is treated as confidential, to be discussed only as necessary with the organiser/co-ordinator in support of the volunteer and to assist the family. Any disclosure of the confidential information to any other person may only be undertaken with the expressed permission of the parents for the purpose of assisting the family, except where it is considered necessary for the welfare and protection of a child when information shall be shared with the appropriate authority. Standards & Methods of Practice 8. Home-Start, through a volunteer, develops a very special and privileged relationship with a family. By visiting a family regularly and informally at home, a volunteer becomes a friend, a trusted listener and supporter and is likely to be the recipient of personal and private information. HomeStart has therefore drawn up very careful guidelines for best practice on confidentiality and HomeStart. These best practice guidelines have been produced for Home-Start schemes in a way that will enable the papers to be extracted to stand alone and be photocopied as a handout or document if required. Confidentiality in Home-Start - Guidelines for Best Practice The Home-Start Approach Home-Start, through a volunteer, develops a very special and privileged relationship with a family. By visiting a family regularly and informally at home, a volunteer becomes a friend, a trusted listener and supporter and is likely to be the recipient of personal and private information. Home-Start has a duty to respect information that is shared with a volunteer, which is of a personal and private nature and does not impact on the safety or welfare of children unless the family have given their explicit consent for information to be shared. Where there is a concern about a child's safety or welfare, Home-Start will share information with relevant agencies. If it is decided to share information without consent, the organiser/co-ordinator should explain to the family that they intend to share the information unless to do so would place a child at increased risk of significant harm or put an adult at increased risk of serious harm. Ensuring Families Understand the Home-Start Approach From the outset, parents and children need to know that Home-Start aims to have a good working relationship both with them and with their referrers and other professionals supporting them. Families, too, have a relationship with other professionals which should be respected by Home-Start. It must be stated in written form and at the initial visit that Home-Start aims to complement the work of other agencies and this may include sharing relevant information as below. The family should be involved throughout and their consent sought for sharing the information. General information about the level and nature of Home-Start's involvement with the family might be shared. Other information to help provide better support to meet the needs of the family may be shared with the referrer or other agencies with the permission of the parents and/or children when they are old enough or mature enough to give their consent (for example an older sibling who may not be attending school regularly) Where Home-Start has concerns about the safety or welfare of a child, information will be shared with the relevant agency and may be shared without the consent of the parents or child. See also: Home-Start’s Policy and Code of Conduct for Safeguarding and Promoting the Welfare of Children Home-Start Position on Information Sharing. However, all personal and private information, which has no relevance to other agencies or does not impact on the safety or welfare of a child will remain confidential. It should be noted that other agencies may not share Home-Start's view of confidentiality. Any communication with other agencies should clarify Home-Start's position. The Current Working Climate There is great emphasis today on agencies working together and working in partnership. In many areas of the UK, Home-Start sees itself and is seen by others as one of the key partners in the network of family support. The development of initiatives like Sure Start Children’s Centres, where agencies will each play a part in a comprehensive targeted service, and the acknowledged importance of information sharing, make it essential for Home-Start to be clear, both internally and externally about its position on confidentiality, especially in the context of working in partnership with other organisations. It is vital that Home-Start is not seen as secretive or un-professional by withholding information unnecessarily. However, it is just as important to retain the trust and confidence of families. There may be occasions when other agencies formally request statistical and other information which could identify families either on its own or when considered with other information that the agency may have. Such information must remain confidential unless a family gives permission for it to be shared. There are also circumstances where information not generally regarded as confidential, e.g. names and addresses, has been provided in the expectation of confidentiality and therefore should be considered to be confidential. Building a Working Relationship with Referrers There is a need to develop a professional working relationship with referrers and other agencies in order to offer the best possible support to families, to safeguard the welfare of children and for the protection and safety of volunteers. Referral forms should indicate that parents are willing for a referral to Home-Start to be made and must include all relevant information to help inform the choice of volunteer. Referrers must be given enough information from Home-Start to feel confident that they have referred a vulnerable family to a responsible agency. They need to know the nature and timing of Home-Start's involvement with the family for example when a volunteer is introduced to the family, when that volunteer withdraws, that the relationship between family and volunteer has been reviewed at appropriate intervals and when support ceases, if possible, something about the outcome of Home-Start's support. Any communication between Home-Start and other agencies must be shared with the family unless this will impact on the safety or welfare of a child. It is not helpful for anyone to be drawn into inappropriate secrecy. Being open and sharing relevant information about the nature and level of Home-Start's involvement with a family should prevent the need to have 'off the record' conversations. Where agencies work together co-operatively, it should be possible to share information when there is deterioration in the family situation, normally with the permission and knowledge of the family. Individual agencies will only have a part of the complete picture. It will be in the best interests of the child if relevant information is shared at an early stage. All communication with referrers is the responsibility of the scheme organiser/co-ordinator. In exceptional circumstances, an organiser/co-ordinator may be in regular contact with the referrer and it might not be practical to inform the family of every conversation. However, it is good practice to record the contact and ensure that the family is aware of this level of communication. See Record of contact with referrer or other agency. Confidentiality and Self Referrals It is important to acknowledge that there may be issues of personal safety for organisers/coordinators and volunteers when visiting a family where there is no previous knowledge of the situation. The organiser/co-ordinator should explain that it is normal Home-Start practice to inform the family's health visitor of the referral. On rare occasions the parent may not wish the health visitor, or any other agency, to know that Home-Start support has been requested. In such situations, the organiser/co-ordinator and trustees should agree the most appropriate action in the context of personal safety. If support is offered to the family, Home-Start's view of confidentiality should be explained and the organiser/co-ordinator should encourage the parents to build a more open relationship with other agencies. However, information cannot be passed on without the family's permission except where there is a concern about the safety or welfare of a child. Confidentiality relating to Vulnerable Adults Home-Start supports many families where there is mental illness, learning disabilities, domestic violence or other problems and therefore needs information from other agencies and referring bodies to support such families effectively. Occasionally a family situation can develop in its level of seriousness or complexity and adults as well as children may become increasingly vulnerable. An open relationship should be encouraged between all professionals, which still respects the personal confidences shared with a volunteer but which also allows for any breakdown in the family situation to be identified and acted upon appropriately at an early stage. Where harm, or risk of harm, to a vulnerable adult is suspected Home-Start will take appropriate action in accordance with local codes of practice. Family Groups: The Relationship Between Families Families may have a different view of confidentiality - in fact many will assume that information about them is shared with other professionals. In a group setting, families can choose to share their own information with other families and this may well be supportive in itself. It is good practice for group leaders and families to share in the development of a set of 'ground rules', however informal, for the group setting which acknowledge the Home-Start principle of respecting the dignity and identity of each individual. Volunteer Groups It is common practice in Home-Start for groups of volunteers to meet with scheme organisers/coordinators to discuss issues arising from their work with families, to share experiences and learn from each other. It is important that confidentiality is maintained and that personal information about families is protected. Discussions that identify children or families should be confined to oneto-one supervision sessions between volunteer and organiser/co-ordinator. Confidentiality in Trustees The Trustees are drawn from representatives from families, from volunteers and from a range of agencies, including funding agencies. All trustees and those attending Board meetings, should respect Home-Start's guidelines on confidentiality, particularly in relation to family and organisational issues. Minutes of meetings should be shared appropriately and formally with members of the scheme, Home-Start and funders. However, some information discussed at meetings may well be of a sensitive nature such as personnel matters or funding concerns. It would not be appropriate to discuss such matters outside of the meeting. These sections of minutes should be contained in a confidential appendix and their circulation should be restricted appropriately. All staff files should be stored safely and with limited access. Trustees are responsible for all matters relating to the employment of staff, including supporting and supervising the day-to-day work of organisers/co-ordinators with volunteers and families. In order to carry out that responsibility, trustees need to have sufficient information about the nature and level of referrals but not about individual families or volunteers. Anonymous case studies can be used at meetings and can be invaluable tools in enlightening and motivating the trustees and in giving an insight into the causal aspect of the work. Where there are concerns for the safety or welfare of a child, organisers/co-ordinators should discuss the situation with the scheme’s Strategic Lead for Safeguarding who may also discuss the situation with a specialist advisor or relevant trustee to ensure both the best possible continued support of the family and that the most appropriate process is followed within the scheme. Information All information, whether held manually or on computer, must be kept safely and with appropriate access and especially where schemes share premises with other agencies. Particular care needs to be taken with information on notice boards, card index files, fax messages etc. Telephone messages too, can breach confidentiality if suitable care is not taken Personnel information and family records are the most sensitive areas. It is recommended that family records are open to families and that they are aware of the recorded information held about their situation. Under the Data Protection Act 1998 individuals may, upon written request, obtain a copy of the personal information stored by the organisation, for families and volunteers this will be provided free of charge. The person requesting access to the file will need to provide proof of identity such as National Insurance card, service bill, Child benefit details, etc. It is important that information should only be kept which is factual, relevant to Home-Start's support of the family, accurate and up to date. All employees should be given information concerning the Data Protection Act, and in particular the eight Data Protection Principles governing the use and storage of personal data. See Home-Start Policy and Guidance on Data Protection Legal issues Court Proceedings There are occasions when a Home-Start representative is requested to give evidence in court proceedings. The request may be from a family for support, all such requests should be considered carefully taking account of the appropriateness and the relevance of any evidence that Home-Start could provide relative to the issues in question. Organisers/co-ordinators should bear in mind that Home-Start’s non-judgemental approach could be compromised by participating in court proceedings. If it is decided to give evidence in these situations then the representative should normally be the Home-Start organiser/co-ordinator, who should discuss fully with the family the evidence to be given. The evidence must be factually accurate without any personal interpretation being imposed by the representative. The family should be advised that the evidence may be subject to cross examination. The role of a volunteer may be to accompany the family to the court, but they should not normally be the person to represent Home-Start at court proceedings. The request may also arise from the Local Authority/or other statutory body. In this case, it is advisable for the representative to request the Authority or statutory body to obtain a witness summons. Such a summons will only be issued by the court if it is satisfied that the evidence the representative may give to the court is essential and cannot be obtained in any other way. The representative should give factual responses to questions asked about the scheme's involvement with the family avoiding adding any further unnecessary disclosure of personal information relating to the family. It is not the role of the representative to give any opinion to the court on the facts disclosed. If the court proceedings are in relation to safeguarding or child protection issues then schemes should follow the policy, code of conduct and procedures for safeguarding and promoting the welfare of children, see Policy and Guidance on Safeguarding and Promoting the Welfare of Children. Request for Information from the Police The principle of confidentiality applies to requests for information from the police. On a request, the Police should be advised of Home-Start's obligations of confidentiality and information should be given to the Police only in accordance with the Home-Start approach as set out in this statement. There is generally no duty to provide information relating to a crime or suspicion of a crime but there are a number of exceptions. There will be some circumstances where information is requested by the Police where you should not seek consent from the individual or their family, or inform them that the information will be shared, for example, if doing so would prejudice the prevention, detection or prosecution of a serious crime* or lead to an unjustified delay in making enquiries about allegations of significant harm to a child, or serious harm to an adult. *Serious crime means any crime which causes or is likely to cause significant harm to a child or serious harm to an adult. If it is stated that Home-Start has a legal duty to give the information, advice should be sought from the Home-Start regional consultant. Home-Start UK has also produced information about releasing information to detect or prevent crime. The Information Commissioner’s Office (ICO) has produced guidance on disclosures to the Police in cases where there is no legal duty to disclose. Your consultant can provide information or look on the Commissioner’s website at: www.ico.gov.uk Confidentiality between schemes Occasionally families move to another town and seek support from a new Home-start scheme. It could be important for the scheme and in the best interests of every member of the family that information is shared between the schemes. Information which is relevant to the support of the family should, with the consent of the family, be requested and given. When volunteers either home-visiting or trustees or paid staff move to another area of the UK, they should be requested to give the previous scheme as a reference. Consequently, all application/personal statement forms for volunteers and scheme staff should ask about previous experience of Home-Start. Where the previous scheme is unable to provide a reference, it may be helpful to discuss the situation with your Home-Start regional consultant. Confidentiality between Home-Start UK and individual Home-Start schemes Home-Start UK will not disclose information about individual schemes to other agencies unless there is a danger that the actions of a scheme are likely to bring the name of Home-Start into disrepute or where the quality of service offered to families is in jeopardy. These guidelines have been adopted for use in Home-Start Westminster Signed ……………….. Chairperson Home-Start Westminster Date for review ……………….. Date ………………..
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