I. Statement
CARA is committed to providing a confidential advice service to all its users. CARA Society believes that principles of confidentiality must be integrated across all aspects of services and management because its users deserve the right to confidentiality to protect their interests and safeguard its services. The following shall be displayed in the waiting areas/interview room:
1. CARA Society offers a confidential service - nothing you tell us shall be shared with any other organisation or individual without your expressed permission.
2. If you would prefer to be seen in an interview room please tell the receptionist/ the adviser.
II. Definition of Confidentiality
CARA understands confidentiality to mean that no information regarding a service user shall be given directly or indirectly to any third party which is external to the Staff and Public Relations’ Officer without that service user's prior expressed consent to disclose such information. The Central Africa’s Rights and AIDS Society recognises that all users should be able to access the society’s services in confidence and that no other person should ever know that they have used its services. It recognises that information may be indirectly given out through staff informally discussing cases. All staff should ensure that no discussions relating to an individual user can take place outside of the society’s premises. The Management Committee shall not receive details of individual users or their case. The Society recognises that users need to feel secure in using its services in a confidential manner. It shall ensure all users are afforded confidential interview space (if it is required) and shall ensure blinds, radios and other mechanisms are used to ensure no breach of confidentiality can occur inadvertently. The Society shall not confirm the user's presence in the society or use of the society without obtaining the user's consent.
III. Statistical Recording
CARA is committed to effective statistical recording of service users to enable the society to monitor take-up of service and to identify any policy issues arising from advice services. It is the Public Relations’ Officer 's responsibility to ensure all statistical records given to third parties, such as to support funding applications, monitoring reports for the local authority shall be produced in anonymous form, so individuals cannot be recognised.
IV. Case Records
The Public Relations’ Officer has the responsibility to ensure that all case records are kept in locked filing cabinets. All case records must be locked away at the end of each working day. Any information relating to service users shall be left in locked drawers. This includes note books, copies of correspondence, calculation sheets and any other sources of information.
V. Expressed Consent To Give Information
Our advice workers have the responsibilities to ensure that where any action is agreed to be taken by CARA on behalf of a client, that client must, firstly, sign an authorisation form. This should be placed on the client's file. The Society workers are responsible for checking with clients if it is acceptable to call them at home or work in relation to their case. All staff must ensure that they make no reference to CARA Society when making telephone contact with clients. Our workers are responsible for checking with clients that it is acceptable to write to them at home or work in relation to their case. All details of expressed consent must be recorded on the case file.
VI. Breaches of Confidentiality
CARA recognises that occasions may arise where individual workers feel that they need to breach confidentiality. The Society recognises, however, that any breach of confidentiality may damage the reputation of its services and therefore has to be treated with the most serious of approaches.
On occasions where a worker feels confidentiality should be breached the following steps must be taken:
1.The worker should raise the matter immediately with the Public Relations’ Officer.
2.The worker must discuss with the Public Relations’ Officer the issues involved in the case and explain why they feel confidentiality should be breached and what would be achieved by breaching confidentiality. The Public Relations’ Officer should take a written note of this discussion.
3.The Public Relations’ Officer is responsible for discussing with the worker what options are available in each set of circumstances.
- The Public Relations’ Officer is responsible for making a decision on whether confidentiality should be breached. If the Public Relations’ Officer decides that confidentiality is to be breached then they should take the following steps:
- The Public Relations’ Officer should contact the Chair in the first instance, or Vice Chair of the Management Committee. The Public Relations’ Officer should brief the Chair/Vice Chair on the full facts of the case, ensuring that they do not breach confidentiality in doing so. The Public Relations’ Officer should seek authorisation to breach confidentiality from the Chair/Vice Chair.
- If the Chair/Vice Chair agrees to breach confidentiality, a full written report on the case should be made and any action agreed undertaken. The Public Relations’ Officer is responsible for ensuring that all activities are actioned.
- If the Chair/Vice Chair does not agree to breach confidentiality then this is the final decision of the organization.
- In no circumstances should any breach of confidentiality be discussed at this stage with CARA Society’s Complaints Officer. This is to ensure that any future complaints or investigations arising from breach in confidentiality can be carried out in an independent manner.
VII. Legislative Framework
CARA Society shall monitor this policy to ensure that it meets statutory and legal requirements including the Data Protection Act, Children's Act, Rehabilitation of Offenders Act and Prevention of Terrorism Act. Training on the policy shall include these aspects.
VIII. Ensuring the Effectiveness of the Policy
All Management Committee members shall receive a copy of the confidentiality policy. Existing and new workers shall be introduced to the confidentiality policy via induction and training. The policy shall be reviewed annually and amendments should be proposed and agreed by the Management Committee.
Date procedure was agreed: 06/12/2004
Date of review: 05/12/2004
Person responsible for review: Mr Jean-Luis NGAMUNA
IX. Adoption and Signatures
The above Confidentiality Policy was adopted at a public meeting held on December 6th 2004 in London.
Name: Signed:
President: Mr Jean-Paul LAWRENCE TAMPU-EYA, BA, LL.B., LL.M., PhD (Res.).
Vice-President: Mr Marcel Nduli MBUIMA
General-Secretary: Mrs Marthe MUNSHIE-LEPIORI
Assistant-Secretary: Ms WENAMO LOMBO
Treasurer: Ms Kiwisa Felicia MULWEMI
Public Relations Officer: Mr Jean-Louis NGAMUNA
Account Officer: Ms Melanie SANZAY-NGAYE
Advisers:
Maximilien Ekoli LIONGO, BSc(Hon’s), PGCE (London) (Community Youth Worker)
Mr Abdilhahi Lahin NUR, DipSW, BA (Hon’s), LL.M.(London) (Community Social Worker)
Mr Leon MALEKANI
Mr Robert MASASA
Mr Doudou MPANDI NDEMBI
Ms Solange TOMAS
Ms Nadine TAMUNDELE
Mr Heritier Darly T. MAYE
The above Confidentiality Policy comes into force from December 6th 2004.
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