Confidentiality
1. Introduction and scope
This policy is intended to deal with any information offered or otherwise disclosed by an individual student and is of a personal and/or sensitive nature. It may also relate to child protection issues. Whilst staff working within Student Support are most likely to be faced by such circumstances, this policy covers all staff and activities at WAES.
2. Ethos
WAES is committed to ensuring a safe and supportive environment in all aspects of its service to its learners and therefore regards the issue of confidentiality as central in trying to achieve this objective.
This policy is therefore intended to provide staff with basic principles to abide by in relation to protecting information given by a learner in confidence to them, and to ensure that they understand and respect the fundamentals of confidentiality.
3. Policy Statement
WAES will operate on the premise that all information imparted to a member of staff will be treated in confidence by them irrespective of the nature of the disclosure. Information will not be passed on without the learner’s consent, except in exceptional circumstances when it is necessary to breach confidentiality. These situations are outlined below:
- In matters relating to child protection
- Where there is a perceived 'immediate and significant' threat to personal safety
- Where the information will help to prevent a criminal offence from being committed
In the event of any decision to break confidentiality, we will make every effort to inform the learner of what is about to happen and the reason for the decision. It is essential that members of staff understand what is meant by the above and for that reason do not promise absolute confidentiality to the learner in such situations.
4. Confidentiality and Information Sharing
Confidential information about a learner should be confined to those persons who ‘need to know’. This term should be understood to mean that the learner should decide who they want to involve in their situation.
Staff who have concerns about any information which has been imparted to them may legitimately discuss their concerns on an anonymous basis with their line manager or a member of the student support team, therefore ensuring that the learner’s identity is not prejudiced.
5. Special Educational Needs and Disability Act 2001
The Act states that where the learner discloses their disability to one member of staff and consents to that information being passed on, then the institution as a whole is deemed to know about their disability.
However information relating to disabilities is sensitive personal data for the purpose of the Data Protection Act 1998, and therefore must be handled with care in relation to confidentiality.
Thus if a learner discloses their disability to one member of staff but then insists on them keeping it confidential then their wish must be respected. This may mean that ‘reasonable adjustments’ are to be made in an alternative way to ensure confidentiality and/or compliance with the provisions of Part 4 of the Disability Discrimination Act 1995 (‘the DDA’) as amended by the Special Educational Needs and Disability Act 2001 (SENDA).
6. Data Protection Act 2004
This above Act refers to the rights of individuals to privacy regarding the holding of personal data in either electronic or paper based systems and provides individuals with rights of access to such information.
Therefore in complying with the Act, all records of a personal nature are to be held under secure conditions and this is the responsibility of every staff member concerned.
Learners may, on request, view and correct records kept on them as part of the ‘relevant filing system’ and staff members must respect that wish.
7. Responsibilities
7.1 The general duty to maintain confidentiality belongs to all staff at WAES
7.2 Particular sensitivity (because of the nature of their work) is required from the Careers Adviser, Welfare Adviser, Childcare Manager, Learning Support Manager, Learner Services Manager and team and all tutors and staff in areas where students may disclose sensitive information (e.g. counselling, childcare and life coaching classes).
7.3 All staff have a duty to break confidentiality and where possible without threat to safety inform the learner that they have done this when the law or WAES policy requires it.
8. Monitoring and Review
The policy will be monitored through monthly monitoring reports, the self-assessment process and reviewed every two years by the Director of Student Support.
Agreed by the Senior Management Team on 25 April 2007
Reviewed March 2009
