Stoke-on-Trent Parent Partnership Confidentialty Policy 2010
1. Introduction
The Stoke-on-Trent Parent Partnership Service (PPS) is a statutory service offering free impartial, accurate information, advice and support for parents/carers on special educational needs (SEN) procedures as set out in SEN legislation and the SEN Code of Practice, so that they can make informed decisions about their child's special educational needs.
The PPS is expected to meet certain minimum standards and, in addition, 'in order to strengthen the arm's length nature of PPS to improve the quality of service in every area' the PPS is expected to comply with a range of exemplars set out in 2010. This confidentiality policy is in response to these exemplars.
2. Confidentiality Statement
The PPS commitment to ensuring the confidence of parents in their services is fostered through an explicit policy on confidentiality.
The handling of information that parents provide complies with the requirements of the Data Protection Act and is not shared with anyone outside of the PPS unless they have given permission for it to be shared or there are strong public interest concerns, i.e. child protection (see breaches of confidentiality).
3. Definition of Confidentiality
The PPS understands confidentiality to mean that no information regarding a service user shall be given directly or indirectly to a third party which is external to the PPS, without the service user's prior express consent to disclose such information.
The PPS recognises that all parents should be able to access their services in confidence and that no other person should ever know that they have used them. The PPS recognise that information may be indirectly given out through staff informally discussing cases. The PPS will not confirm the parents' use of the service without obtaining their consent. The PPS service line manager will not receive details of individual parents or their case, except in the case of considering a complaint.
4. Use of Data
The PPS maintain an electronic recording system (data base) that is password protected, accessed only by PPS staff and Independent Parental Supporters (IPS), to enable them to monitor take-up of the service, to identify any policy issues and provide usage statistics (in an anonymous form) to third parties. It is the responsibility of all staff to ensure that all statistical records given to third parties are produced in anonymous form, so that individuals cannot be recognised.
Paper files containing information about parents are kept in locked cabinets accessed only by PPS staff and IPS.
From time to time, paper files are taken by PPS staff and IPS out of the PPS office. PPS staff and IPS must ensure these files are kept safe and out of sight of any third party.
Quotes from service users may be used in PPS promotional materials in anonymous form unless otherwise instructed by the service user.
Parents will be informed that they have a right to see any information held on them or their child.
5. Referral Forms
It is normal practice to ask parents for their name and address as well as other personal information relevant to them and their child, i.e. date of birth, school, ethnicity, needs etc. It is the responsibility of all staff to ensure their log sheets are kept safely and out of sight of any third party.
Once the details written on the log sheets are entered onto the database, the log sheets will be shredded.
When information about parents is provided by a third party, i.e. other parents, practitioners and schools, PPS staff and IPS must confirm with the third party that they have parents consent to disclose such information.
6. Expressed Consent to Give Information or Make Contact
PPS staff and Independent Parental Supporters (IPS) must not take action on behalf of a parent or make contact with a third party without their express consent.
The PPS consider it acceptable to contact parents on their home and mobile telephones but should check with them if it is acceptable to call them at work. PPS staff and IPS should also check if it is acceptable to leave messages on answer phones and with work colleagues.
When sending information to parents by post, care must be taken to establish the correct mailing address, including full postcode.
7. Breaches of Confidentiality
The PPS recognise that exceptional circumstances may arise, in which a breach of confidentiality must be considered. These exceptions are as follows:
- Information is shared that raises concerns about a person's safety.
- Information held by PPS, which, if disclosed, may prevent a crime, or assist in the detection of a crime.
- Information held by PPS which must be legally disclosed.
Circumstances in which parents, or a third party, may be at risk include the following:
- The parent discloses that they have been abused.
- The parent describes a situation which raises concerns about the safety of a child or vulnerable adult.
- The parent is in immediate danger, e.g. suicide.
In any of these situations PPS staff and IPS must consult the service manager. A decision whether or not to breach confidentiality should then be made.
If a decision is made to contact services for help, e.g. police, social care etc, parents should be contacted, if possible and appropriate, and informed of the decision.
If PPS staff and IPS receive information relating to a criminal offence, they should inform their line manager as soon as possible, who will then make a decision on whether or not to contact the police.
PPS will disclose information where legally required to do so.
Although such a situation is unlikely to occur in the world of the PPS, under the Prevention of Terrorism Act 1989 it is an offence to withhold information relating to acts of terrorism. The Police and Criminal Evidence Act 1984 allows the police to make an application to a judge for a production order; it is an offence not to produce the documents referred to in the order.
In any situation where a breach of confidentiality is being considered, the situation must be recorded on the case notes as soon as possible.
9. Ensuring the Effectiveness of the Policy
Parents will be consulted on its contents and staff will record on parent case notes that a copy has been given.
The policy will be shared with Local Authorities, education settings and other relevant agencies.
All PPS staff and IPS will receive a copy of the confidentiality policy. Existing and new staff and IPS will be introduced to the confidentiality policy via induction and training. The policy will be reviewed annually by the Steering Group and amendments agreed.
All PPS staff and IPS will be required to sign the following confidentiality agreement, the original of which will be kept on their personnel file.
10. Administration
This policy was written and published in consultation with the PPS Steering Group.
Date agreed- 17 November 2010
Review date- November 2011