2.1.2 Confidentiality |
SCOPE OF THIS CHAPTER
This chapter applies to all staff in Youth and Play settings and explains how they should manage confidential information.
RELEVANT CHAPTERS
This Chapter should be read in conjunction with Section 4, Recording Values and Principles of the City of London Policy, Values and Principles and Safeguarding in Youth and Play Settings Procedure.
Contents
- Introduction
- Legal and Staff Duties
- Information from Children
- Normal Limits of Information Sharing
- Exceptional Circumstances where Information may be Disclosed without Consent.
- Keeping Information Safe
1. Introduction
All staff should be committed to working in partnership with parents and sharing information relating to their children. Without assurances of confidentiality parents and children may be reluctant to give information. All information held should be under strict and ethical obligation. Children and parents should have confidence in staff to recognise the importance of respecting and maintaining confidentiality of private information. However should a member of staff have concerns that a child is likely to suffer Significant Harm this information should be shared with others without parental consent as it is in the child's best interest and the Youth and Play Child Protection Policy overrides any commitment to confidentiality. Failure of staff complying to this policy and its guidelines may lead to Disciplinary action.
Confidentiality should also apply to all information regarding staff and in the Youth and Play settings.
2. Legal and Staff Duties
All staff have a statutory obligation to safeguard the confidentiality of personal information. The relevant legislation includes he Data Protection Act 1998 and the Human Rights Act 1998. All staff must be aware that any breach of confidentiality may be a matter of disciplinary action. The Playcentre Management should ensure a copy of this policy is given to all staff at the start of their contract and induction.
Staff should ensure they find a time and an appropriate private space for children and parents to talk in private to discuss their personal information.
If a parent or child states they do not want their personal information shared, staff should respect their wishes unless there are exceptional circumstances. Staff should explain fully the consequences of withholding information if it affects planning for a child in the setting. Staff should inform parents and children how withholding information may hinder opportunities within the setting and involvement of other agencies.
3. Information from Children
Children and young people have the same rights of confidentiality as adults. Staff should be aware of children who may not have the understanding of confidentiality and disclosure. Staff should explain to the child that some information may have to be shared with parents or other adults under exceptional circumstances, for example if the staff member feels the child is likely to suffer Significant Harm. If staff do not share information with parents a written record should be kept with reasons given and also inform their Line Manager.
4. Normal Limits of Information Sharing
Staff may need to carry out assessments on a child in the Play and Youth setting to enable to provide appropriate services. This may involve sharing some information with other agencies and staff on site. Staff may share information with senior staff members to enable provision to be made for children in the setting.
5. Exceptional Circumstances where Information may be Disclosed without Consent.
Disclosure of personal information without consent maybe justified where failure to do so may expose the child, young person or others to Significant Harm.
Staff should follow the Youth and Play Child Protection Policy if they have been given information, which leads them to believe the child or young person may suffer Significant Harm.
6. Keeping Information Safe
Staff should ensure all written information for children, young people and adults should be kept in relevant filing cabinets and these should be locked when not supervised. If staff need to discuss a child, young person or adult this should be done in a private area so they cannot be overheard.
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