Confidentiality Policy

CONFIDENTIALITY POLICY

Bedfordshire Community Mediation Service is committed to protecting its service user and local communities. It acknowledges that its service users have a right to privacy and to expect that, with certain exceptions, information about them is kept and handled securely, sensitively, and confidentially.

The Bedfordshire community Mediations Service will,

• Treats information gained as confidential.
• Not release any information, held in respect of any party connected with the service, to a third party, other than for internal purposes as part of normal work requirements
• Not disclose information held in respect of any party without their consent. The service however reserves the right to disclose information in order to comply with legislation.
• Not gain or attempt to gain access to information to which they are not authorised.

The Bedfordshire community Mediations Service will operate within the legislative requirements of the:-

• Human Rights Act 2004
• The Equality Act 2010
• The General Data Protection Regulation (GDPR) 2018
• Rehabilitation of Offenders Act 1974, and the Exemptions Order 1975
• Children’s Act 2004, amended Act 2014
• Public Interest Disclosure Act 2013

The service will co-operate with legal and statutory organisations as required.

All staff and volunteers will be trained on confidentiality at induction and will attend refresher training annually.

Training will cover the following situations:-

• Supporting service users through the service

• Providing information to third parties without consent.

• Typing records or letters

• Providing access to files which contain information about more than one person.

• Storing records in public areas

• Deciding which information to pass on to funders.

• Where they are obliged to pass on information even if the service user refuses consent

Information relating to the services, staff and volunteers, other agencies and service users which is not a matter of public record will be:-

(a) Obtained and processed in a fair and lawful manner

(b) Held and processed only for specific and lawful purposes

(c) Relevant, adequate and not excessive for those purposes

(d) Accurate and, where necessary, kept up to date

(e) Not kept longer than necessary

(f) Processed in accordance with the data subject’s rights under the Data Protection Act. This means that individuals have the right, amongst other things, to:-

• Know where the data is being processed and retained

• Be given a description of the details held

• Know the reason why the data is being processed and retained

• Identity of the individual or agency requesting the information

(g) Secure i.e. data must be stored in a way that prevents unauthorised access, accidental loss or destruction

(h) Not transferred to countries that do not have adequate data protection.

All staff are required to sign a Contract of Employment which includes a confidentiality clause. All volunteers will be required to sign a Volunteering Agreement which is designed to promote confidentiality.

The Service manager will ensure that the Confidentiality Policy is implemented. And is responsible for the administration and monitoring of the effectiveness of the policy. All staff are responsible for the implementation of the policy.

Disclosure

Service users’ information will only be disclosed outside of the Bedfordshire’s Community Mediation Service with the consent of the individual, if the organisation has a safeguarding concern, or as anonymous information.

• Anonymously for bona fide statistical or research purposes, provided it is not possible to identify the individuals to whom the information relates (e.g. CORE returns.)

• Where there is a clear health and safety risk to service users, volunteers.

• Where there is a legal requirement to disclose the information to a statutory agency.

Non-Disclosure

The Bedfordshire community Mediations Service may withhold information from an individual if a third-party requests non-disclosure and gives acceptable reasons in writing. Information may also be withheld if it is subject to legal privilege (e.g. where a doctor has refused permission for his report to be passed on).

Disposal

Information relating to the service users will not be kept longer than necessary.

1. Implementation

The Management Committee, which includes the Chief Executive, is responsible for ensuring that the Association’s Policy on Safeguarding Adults is implemented. The Chief Executive is responsible for the administration and monitoring of the effectiveness of the policy. All staff are responsible for the implementation of the policy.

1. Complaints

Any Management Committee member, sessional worker, contractor, sub-contractor, consultant, volunteer, agency and client who feel this policy has been unfairly applied or has suffered loss or damage as a result of actions by the Association perceived to be in breach of this policy may make a complaint via
the Association’s Complaints Procedure.

Any staff member who feels this policy has been unfairly applied or has suffered loss or damage as a result of actions by the Association perceived to be in breach of this policy may make a complaint via the Association’s Grievance Procedure.

1. Compliance

The Association’s management team will carry out regular monitoring of its policies to ensure compliance of this policy and relevant procedures.

If it is discovered that a breach of this policy has occurred, disciplinary action may be taken against the service user or member of staff.

Failure to Comply

Disciplinary action may be taken against a member of staff if they fail to comply with or commit a breach of this Confidentiality Policy.

Monitoring

The Association will regularly review its monitoring records to assess how successfully its is being implemented. Positive steps will be taken to redress any imbalances revealed by the monitoring process.

This policy will be reviewed in April 2024.

The Association’s Safeguarding Adults Policy was accepted and adopted by The Association’s Management Committee on 7th of June 2022.