Privacy Policy

1. Purpose

To support the human rights of the Client/Service User and ensure that Special People Partnership Ltd. complies with legislation and regulation in relation to the privacy of
This policy covers the day-to-day considerations of ensuring privacy whilst supporting Client/Service Users. This policy should be read in conjunction with the suite of associated policies and procedures at Special People Partnership Ltd. such as UK GDPR in relation to data protection information
To meet the legal requirements of the regulated activities that {Special People Partnership Ltd.} is registered to provide:
- The Care Act 2014
- Equality Act 2010
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Human Rights Act 1998
- Mental Capacity Act 2005
- Data Protection Act 2018
- UK GDPR

2. Scope

2.1 The following roles may be affected by this policy:

All staff

2.2 The following Client/Service Users may be affected by this policy:

Client/Service Users

2.3 The following stakeholders may be affected by this policy:

Family
External health professionals
Local Authority
NHS

3. Objectives

3.1 To reinforce the requirement, in accordance with professional codes of conduct, to ensure that privacy is maintained as per the Client/Service User’s

3.2 To provide clarity and standard practice recommendations to staff at Special People Partnership Ltd. to ensure that Client/Service Users have dignity and privacy when they need and want it. This policy is fully aligned with:

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Regulation 10: Dignity and Respect

3.3 To ensure that Client/Service Users’, employees’ and stakeholders’ personal data and information is treated with the same level of protection around

4. Policy

4.1 Special People Partnership Ltd. recognises the right of Client/Service Users to be left alone, undisturbed and free from intrusion and public attention. The Client/Service User also has a right to privacy with regard to their personal affairs, data and their belongings.

4.2 Staff will adhere to the human rights of individuals and work in accordance with professional codes of conduct, the Information Commissioner’s Office (ICO) guidance, UK GDPR and Data Protection Policies and Procedures at Special People Partnership. Intentional breaches of privacy will be fully investigated with appropriate bodies informed and lessons learnt.

5. Procedure

5.1 Care Planning at the Start of a Service

The needs of the Client/Service User regarding privacy will always be considered during the care planning stage to ensure that Special People Partnership Ltd. can effectively meet the person’s needs.
This assessment will include what information about them can be shared and with This includes the Client/Service User providing formal consent to share information. Where capacity is an issue, the principles of the Mental Capacity Act and associated best interest guidance will be followed
Preferred Client/Service User wishes must be communicated to other relevant staff at Special People Partnership.
Where possible, the care planning process will be completed in a private area where the Client/Service User can feel able to discuss areas of their care needs. This is particularly relevant if an assessment is taking place in a hospital or respite setting prior to discharge home

5.2 Client/Service User Rights

Client/Service User choices in relation to privacy will be respected at all times and all information relating to them will be treated in a confidential manner
Special People Partnership Ltd. recognises the right of Client/Service Users to be left alone, undisturbed and free from intrusion and public attention. The Client/Service User also has a right to privacy with regard to personal data and both personal affairs and belongings

5.3 Staff Expectation, Behaviour and Professionalism

Staff will follow professional codes of conduct as well as operational policies and procedures at Special People Partnership Ltd. when considering privacy for Client/Service Users. This includes all staff expectations around professionalism of communication
Staff will only discuss Client/Service Users in the work environment if it is for the purpose of assessment, management and evaluation of care
Staff will not discuss any aspect of the Client/Service User’s care outside of the work environment

5.4 Records Management

Records will be designed, used and stored in a manner which assures privacy
Records will only be made available to the Client/Service User’s family and main Care Worker according to the wishes of the Client/Service User or if information requests fulfil the legal requirements for doing so
Staff can refer to the Record Keeping Policy and Procedure for further information and guidance
Information sharing with appropriate health professionals will be done in line with UK GDPR and Data Protection Policies and Procedures at Special People Partnership

5.5 Personal Care and Privacy

Particular attention will be given to preserving privacy in the use of bathrooms, toilets and when supporting any aspect of personal care. At the same time, health and safety and personal risk management will be considered and discussed
Staff will ensure, with Client/Service User consent, that curtains/blinds/doors are closed in order to ensure privacy during personal care and moving and handling
Any personal and sensitive items that may be deemed necessary such as care equipment (for example continence aids, catheters, dressings) will be kept out of view at all times to ensure that privacy is maintained
Staff will always knock on the Client/Service User’s door and await a response before entering the room. Privacy will be respected around the Client/Service User’s home at all times

5.6 Photography and Filming

Staff can refer to the policies available with regard to privacy, photography, filming and the use of CCTV at Special People Partnership Ltd. and to relevant CQC guidance.

5.7 Breach in Privacy

Any breach in the privacy of a Client/Service User will be considered a serious event. The incident will be fully investigated in accordance with UK GDPR, Data Protection Policies and Procedures at Special People Partnership Ltd. and there will be evidence available about what has been learnt to ensure that the risk of reoccurrence is reduced. Disciplinary action will be taken where the incident is considered to have been caused with intent
Any environmental or equipment fault which reduces the privacy of any Client/Service User must be reported to the CEO or senior member of staff
Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and appropriate regulatory body notifications will be completed by Ms Julie Skinner or delegated other, who has the relevant skills, knowledge and experience

5.8 Training and Education

Privacy forms part of the Care Certificate for care workers. New staff who have not already completed this will be expected to achieve this unit
Staff will be expected to review their professional code of conduct and be aware of what this means in practice
Training will be given with regard to UK GDPR and Data Security and Protection
Privacy will form part of the supervision process agenda at Special People Partnership Ltd. as well as at staff and Client/Service User meetings in order to review practice, seek feedback and determine quality assurance

5.9 Capacity and Privacy

The same rights of privacy apply to individuals who are proven to lack capacity, therefore staff must do the following:

Establish any previously expressed views or wishes of the individual regarding privacy from family and others
Observe Client/Service User behaviours to identify what the preferences may be for that individual wishing to have privacy
Continue to follow the core principles and practices as detailed within this policy, if deemed to be in the best interests of the Client/Service User to do so (in accordance with the Mental Capacity Act) when weighing up privacy. Refer to associated policies and procedures for further guidance.

6. Definitions

6.1 Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights in the public interest
This covers the following legislation:
- Data Protection Act
- Freedom of Information Act
- Privacy and Electronic Communications Regulations
- General Data Protection Regulation (UK GDPR)
- Environmental Information Regulations
- INSPIRE Regulations
- eIDAS Regulation
- Re-use of Public Sector Information Regulations
- NIS Regulations
- Investigatory Powers Act

6.2 Human Rights

Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away, although they can sometimes be restricted; for example, if a person breaks the law, or in the interests of national security
These basic rights are based on values like dignity, fairness, equality, respect and independence. But human rights are not just abstract concepts, they are defined and protected by law. In Britain our human rights are protected by the Human Rights Act 1998

6.3 Privacy

In literal terms, privacy is defined as a state in which one is not observed or disturbed by other people, or the state of being free from public attention
For the purposes of health and social care, privacy is very personal and means different things to different people. Therefore in order to respect people, privacy services need to be personalised as much as possible

6.4 Care Certificate

The Care Certificate identifies a set of standards that social care and health workers follow. It describes the minimum standards that should be covered as part of the induction training of new care workers

Professionals providing this service should be aware of the following:

Any breach of a person’s privacy is a serious event and will be fully investigated to ensure there is a period of learning, reflection and change in practice
The environment where Client/Service Users are supported needs to accommodate the ability to promote privacy
Your professional codes of conduct refer to your accountability in relation to supporting people with maintaining privacy
It is a fundamental right for everyone to have privacy and as professionals, your role is to promote and adhere to this right

Key Facts – People affected by the service

People affected by this service should be aware of the following:

Information about you will only be shared with your permission, or if you are unable to give permission, when it is deemed to be in your best interest to do so
You have full rights to privacy. Staff will discuss what your wishes are around this and what that means for you
Staff supporting you will respect your privacy wishes and support you in providing environments that are private

Outstanding Practice

To be ‘outstanding’ in this policy area you could provide evidence that:

The wide understanding of the policy is enabled by proactive use of the QCS App
Regular audits take place that review the privacy practices at Special People Partnership
Privacy forms a core agenda item for staff meetings, training and supervisions
Client/Service Users are provided with an opportunity to feedback their experiences in relation to privacy in order for practice review and quality assurance
Staff follow the principles and practices of this policy