Charity Number-1128037 Company Number-6613934
Cramlington Voluntary
Youth Project Ltd
Confidentiality and Data Protection Policy and Procedures
Prepared in April 2018
Confidentiality is fundamental to insuring the safety and protection of young people. There are several moral dilemmas that can arise in our work with children and young people, when they may ask us to keep something confidential and yet we may feel we have to tell someone e.g. a young person who is being abused or knows someone who is being abused; a young person who is depressed and wants to kill themselves.
This organisation has a policy, which explains clearly too young people and staff/volunteers and Management Committee Members that within a confidential relationship there is some information, which will always need to be disclosed, and what will happen to that information.
Information
Definitions and Common Terms Used in Confidentiality
Confidential - intend to be kept secret
No member of staff can offer to deal with all the information confidentially. If asked to treat something in this way - the worker would have to remind the child or young person or adult of the policy; which should say clearly that if the information is about someone being hurt or abused it will be passed onto the Designated Safeguarding Person who will deal with it appropriately.
Disclosure - to make known; to uncover
If you are in possession of information that raises concern about the safety and protection of children you have a duty to make that known. You would do this by telling the Designated Safeguarding Person (unless it is about them). You may discuss it with them if you are not clear if there is a real risk. However, the decision about whether the information is accurate, or not, is not yours, it will be taken by the protection of children agencies - as they may have access to a lot more information about these children or the people who may harm them. Investigations have been weakened, when people have decided something cannot be true and not pass it on.
Data - Facts or statistics used for reference or analysis
Any facts or information that you hold about staff, volunteers, Parent/carers and children has to be securely stored in line with Data Protection guidance. Child protection concerns are one of the few times that information that you have stored can be shared with anyone. It is very important that staff and families understand that the information that you have and protect is subject to this requirement. You can make this clear in your confidentiality.
The right's and needs of the child or young person need to be paramount in any decisions
The Data Protection Act has eight principles, which all organisations must adhere to. We will ensure that these are complied with when processing your personal information:
Fair and lawfully processed
Processed for limited purposes (the purpose it was collected for)
Adequate, relevant and not excessive
Accurate and kept up to date
Kept only for as long as necessary
In accordance with your rights
Kept secure
Not transferred to other countries who don't have an adequate level of protection
What is Personal Information?
Personal information includes any data which can be used, on its own or when referenced with other data held by an organisation, to identify a living person.
This includes all of the obvious data such as your name, address, national insurance reference number. Some information is identified as sensitive data such as ethnic origin, religious belief and sexuality - this kind of information is subject to additional rules and safeguards.
It may also include photographs taken at public events and venues or for the promotion of CVYP services. If you can be identified from any of these photographs we will ask your permission before publication. Information is also used for statistical and research purposes but will not include personal data.
Confidentiality Policy
Young People who attend Cramlington Voluntary Youth Project will have their views and wishes listened too and will be supported in their basic human right to privacy and confidentiality about their views.
If you tell us that you or another person is being hurt physically, sexually or emotionally, or likely to be hurt in the future or hurting someone else then we will have to tell other people. The young person discloses that they are involved, or plan to become involved in acts of terrorism. You will always be told when we are going to pass information on to other people.
Cramlington Voluntary Youth Project has a duty to make referrals to the agencies that protect children if we are given information or concerned about a child or young person. This duty that we have and are required to make contact with the police, Social Services or NSPCC immediately. We will pass on this information with or without your agreement. We cannot keep this information secret.
The Designated Safeguarding Person, Robert Hall (Executive Manager) would be informed and decide which agency to contact. He may also decide to contact parent / carers of the young person.
If you tell us that you or another child is being hurt by their relatives then we would not contact their relatives, as this would be something that the police and Social Services would decide about. We are sure that parent / carer will understand that only these agencies can investigate if there is any truth in allegations.
If a young person is felt to be at risk from outside the family, then we would encourage them to inform their parent / carers, but we would not contact the parent / carer with this information unless the young person asked us to do so.
Robert Hall (Executive Manager will store any information that we receive from adults or children / young people about concerns for the children on an incident form. They will be reviewed annually and destroyed if discovered to be unfounded. Proven concerns about an employee or volunteer will be passed on to the register for unsafe employees as defined by the POCA legislation.
All storage and collation of information is subject to the Data Protection Act 1998 and will be kept safely and given out only to authorise child protection agencies.
Every effort will be made to work in partnership with children and young people, gaining their consent wherever possible.
If the relationship between a young person and the worker breaks down because the worker has had to share information, the project will try and provide the young person with another worker for support.
This policy will be reviewed annually.
The main points in this policy will be displayed so that young people and other users of the building can see it.
Staff will receive training on the induction
Workers
All workers at Cramlington Voluntary Youth project are expected to uphold the organisations commitment to confidentiality. This means that youth workers are expected to:
Keep records, files and documents stored in a safe and secure manner
Not discuss any information given by a young person in confidence, unless they have a child protection concern or the young person gives their permission
Tell a young person when information cannot be kept confidential (ie. a child protection concern)
Encourage a young person to talk to other people (e.g. parents or guardians) or professionals where they feel it would be in the young person's interest
Workers can expect that the organisation will:
Provide them with a suitable means for storing confidential documents
Ensure that their own information (e.g. medical or emergency contact information, information contained in their PVG Scheme Record) is stored securely, is kept confidential and only seen by colleagues in relation to their role
Safely destroy personal information when the worker ceases to work for the organisation
Take disciplinary action where the Confidentiality Policy is not upheld (unless due to child protection concerns or a court order has been issued)
Procedures
1. If there is information that a child or young person is at risk
Ask for the child protection policy - in that you would notify the relevant agencies and insure that the information had been recorded on a child protection form. You would need to inform the child or young person; parent / carer or staff member that you were going to take this action and hope that they are in agreement; if not you need to inform them that as indicated in the confidentiality policy you have to report this situation.
2. If a member of staff or the public complains that you have breached their confidentiality.
Investigate their concerns. Have you shared information that you had no right to? Check what information has been passed on and explain that this is what you have to pass on in child protection incidents. Give them a copy of the confidentiality policy, so that they can remind themselves of the policies that Cramlington Voluntary Youth Project operates under.
Parents/Guardians
Parents/Guardians of young people attending Cramlington Voluntary Youth Project can expect that the information they provide (e.g. medical information, contact information) will:
Be kept in a secure, confidential manner and only used for the purpose provided (i.e. to safeguard the health and wellbeing of the young person)
Enable the club to ensure that parents receive information from the club that is necessary e.g. newletters, letters and emails regarding information about upcoming events, fundraising activities, and club activities.
Not be sold
Will not shown to organisations without prior consent.
Further Information
Data Protection Commissioner
www.dataprotection.org.uk
ACAS
Provides advice on general employment matters only. They have public enquires points throughout the country; please consult your telephone directory for details of nearest one.
The National Council for Voluntary Organisations is coordinating the Human Rights Policy Network, a new group specifically to discuss the impact on voluntary organisations.
It can be contacted on 020-7520 2473