Privacy Policy

 

Holistic Recruiters Ltd (‘the Company’), with its registered office at 5th Floor Wellington House 90-92 Butt Road Colchester CO3 3DA, is a recruitment firm that helps customers and job seekers find work. To provide these services, the Company must handle personal data, including sensitive personal data; in doing so, the Company serves as a data controller.

Summary

This policy details how the privacy of a service user can be maintained within a supported living

environment. It has been updated to include privacy of personal data. References have also been checked

and remain current and a link to further information regarding DSPT included.

  • Relevant Legislation
  • The Care Act 2014
  • Equality Act 2010
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Nursing and Midwifery Council (NMC) Legislation
  • Data Protection Act 2018
  • UK GDPR
  1. Purposes

To support the human rights of the Service User and ensure that Holistic Recruiters Ltd complies with

legislation and regulation in relation to the privacy of individuals.

This policy covers the day to day considerations of ensuring privacy whilst supporting Service Users. This

policy should be read in conjunction with the suite of associated policies and procedures at Holistic

Recruiters Ltd such as GDPR in relation to data sharing.

To support Holistic Recruiters Ltd in meeting the following Key Lines of Enquiry:

 

CARING

 C1: How does the service ensure that people are treated with kindness, respect and compassion, and that they are given emotional support when needed?
 

CARING

 C3: How are people’s privacy, dignity and independence respected and promoted?
 

RESPONSIVE

 R1: How do people receive personalised care that is responsive to their needs?
 

SAFE

 S1: How do systems, processes and practices keep people safe and safeguarded from abuse?
 

WELL-LED

 W1: Is there a clear vision and credible strategy to deliver high-quality care and support, and promote a positive culture that is person-centred, open, inclusive and empowering, which achieves good outcomes for people?

To meet the legal requirements of the regulated activities that {Holistic Recruiters Ltd} is registered to

provide:

  • The Care Act 2014
  • Equality Act 2010
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Nursing and Midwifery Council (NMC) Legislation
  • Data Protection Act 2018
  • UK GDPR
  1. Scope

The following roles may be affected by this policy:

  • All staff
  • The following Service Users may be affected by this policy:
  • Service Users
  • The following stakeholders may be affected by this policy:
  • Family
  • External health professionals
  • Local Authority
  • NHS
  1. Objectives
  • To reinforce the requirement, in accordance with professional codes of conduct, for the need to ensure that privacy is maintained as per the Service User’s wishes.
  • To provide clarity and standard practice recommendations to staff to enable adherence to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 10 by making sure that people have privacy when they need and want it.
  • To ensure that Service Users’, Employee and Stakeholders’ Personal Data and information is treated with the same level of protection around privacy.
  1. Policy
  • Holistic Recruiters Ltd recognises the right of Service Users to be left alone, undisturbed and free from
  • intrusion and public attention. The Service User also has a right to privacy with regard to both their personal
  • affairs, data and their belongings.
  • Staff will adhere to the human rights of individuals and work in accordance with professional codes of
  • conduct and company policy and procedures. Intentional breaches of privacy will be investigated fully with
  • appropriate bodies informed and lessons learnt.
  1. Procedure

Assessment

  • The needs of the Service User surrounding privacy will always be considered during the assessment stage to ensure that Holistic Recruiters Ltd can effectively meet the person’s needs. This assessment should include the information about them that can be shared and with whom
  • Preferred Service User wishes must be communicated to other relevant staff at Holistic Recruiters Ltd
  • Where possible, the assessment process should be completed in a private area where the Service User can feel able to discuss areas of their care needs

Service User Rights

  • Service User choices in relation to privacy will be respected at all times and all information relating to them will be treated in a confidential manner
  • Holistic Recruiters Ltd recognises the right of Service Users to be left alone, undisturbed and free from intrusion and public attention. The Service User also has a right to privacy with regard to personal data and both personal affairs and belongings
  • Staff Expectation, Behaviour and Professionalism
  • Staff will follow professional codes of conduct as well as the policies and procedures at Holistic Recruiters Ltd when considering privacy for Service Users
  • Staff will only discuss Service Users in the work environment if it is for the purpose of assessment, management and evaluation of care
  • Staff will not discuss any aspect of the Service User’s care outside of the work environment
  • Records Management
  • Records will be designed, used and stored in a manner which assures privacy
  • Records will only be made available to the Service User’s family and principal Support Worker according to the wishes of the Service User or if information requests fulfil the legal requirements for doing so
  • Staff can refer to the Record Keeping Policy and Procedure for further information and guidance

Promoting a Private Environment

  • Service Users will be offered a safe space, such as a personal room within Holistic Recruiters Ltd, which will provide a private environment free from other Service Users
  • The Service User’s personal room will have a lock fitted which is appropriate to their needs and the Service User will be provided with a key unless a documented risk assessment indicates that this is contraindicated. Decisions in this respect will be recorded in the Service User’s Care Plan and signed as agreed by the Service User or their advocate
  • All Service Users will have access to a locked cabinet in their room, or to a locked cash box
  • All Service Users will be made aware of their private environment and be given a copy of the Service User Guide, to support safe space practices at Holistic Recruiters Ltd
  • Service Users will always be offered privacy for personal discussions
  • Temporary, removable signage should be considered as a measure of good practice, to advise people if personal care is being delivered in a Service User’s room

Safe Space Practices

  • To support the Service User’s private environment and promote safe spaces within Holistic Recruiters Ltd, measures that could be adopted include:
  • Use of signage, such as ‘Do Not Enter’
  • Exit management techniques (line of tape on the floor to indicate no entry)
  • Locking of doors when not in the private environment
  • Any safe space practices must only be conducted with the consent of the Service User whose private environment may be affected, and after being risk assessed.

Personal Care and Privacy

  • Particular attention will be given to preserving privacy in the use of bathrooms, toilets and when supporting any aspect of personal care. At the same time, health and safety and personal risk management will be considered and discussed
  • Screening and curtains will be used in shared rooms and public areas in order to ensure privacy during personal care and moving and handling
  • Any personal and sensitive items that could be deemed as necessary care equipment (such as continence aids, catheters, dressings) must be kept out of public view at all times to ensure that privacy is maintained
  • Staff will always knock on Service Users’ doors and await a response before entering the room

Photography and Filming

  • Staff can refer to the policies available with regard to privacy and photography, filming and the use of CCTV at Holistic Recruiters Ltd and to relevant CQC guidance.

Breach in Privacy

  • Any breach in the privacy of a Service User will be considered a serious event. The incident will be fully investigated in accordance with local procedures and there will be evidence available about what has been learnt to ensure that the risk of reoccurrence is reduced. Disciplinary action will be taken where the incident is considered to have been caused with intent
  • Any building or equipment fault which reduces the privacy of any Service User must be reported immediately to a senior member of staff
  • Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and a regulatory notification will be completed by Franklin Onyekwere or a delegated other who has the relevant skills, knowledge and experience

Training and Education

  • Privacy forms part of the Care Certificate for healthcare support workers. New staff who have not already completed this will be expected to achieve this unit
  • Staff will be expected to review their professional code of conduct and be aware of what this means in practice
  • Training will be given with regards to GDPR and Data security and Protection
  • Privacy will form part of the supervision process agenda at Holistic Recruiters Ltd as well as staff and Service User meetings in order to review practice, seek feedback and determine quality assurance

Capacity and Privacy

  • The same rights of privacy apply to individuals who are proven to lack capacity. Therefore, staff will do the following:
  • Establish any previously expressed views or wishes of the individual regarding privacy from family and others
  • Service User behaviours will be observed to identify what the preferences may be for that individual wishing to have privacy
  • Continue to follow the core principles and practices as detailed within this policy, if it is deemed to be in the best interests of the Service User to do so (in accordance with the Mental Capacity Act) when weighing up privacy and refer to associated policies and procedures for further guidance
  1. Definitions

Privacy

  • In literal terms, privacy is defined as a state in which one is not observed or disturbed by other people or the state of being free from public attention
  • For the purposes of health and social care, privacy is very personal and means different things to different people. Therefore, in order to respect people, privacy services need to be personalised as much as possible

Care Certificate

  • The Care Certificate identifies a set of standards that social care and health workers follow. It describes the minimum standards that should be covered as part of the induction and training of new care workers

Human Rights

  • Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away, although they can sometimes be restricted, for example, if a person breaks the law, or in the interests of national security
  • These basic rights are based on values like dignity, fairness, equality, respect and independence. But human rights are not just abstract concepts, they are defined and protected by law. In Britain our human rights are protected by the Human Rights Act 1998

Key Facts – Professionalism

  • Professionals providing this service should be aware of the following:
  • It is a fundamental right for everyone to have privacy and, as professionals, your role is to promote and adhere to this right
  • Your professional codes of conduct refer to your accountability in relation to supporting people with maintaining privacy
  • The environment where Service Users are supported needs to accommodate the ability to promote privacy
  • Any breach of a person’s privacy is a serious event and will be fully investigated to ensure that there is a period of learning, reflection and change in practice

Key Facts People acted by the service

  • People affected by this service should be aware of the following:
  • You have full rights to privacy. Staff will discuss what your wishes are around this and what that means for you
  • Information about you will only be shared with your permission, or if you are unable to give permission, when it is deemed to be in your best interest to do so
  • Staff supporting you will respect your privacy wishes and support you in providing environments that are private, including from other Service Users

Further reading

  • As well as the information in the ‘underpinning knowledge’ section of the review sheet we recommend that you add to your understanding in this policy area by considering the following materials:

Many further reading resources combine privacy best practice with dignity and respect. The following sites contain further information and guidance for health and social care professionals:

SCIE – Dignity in care: https://www.scie.org.uk/publications/guides/guide15/factors/privacy/ Dignity in Care – Privacy: https://www.dignityincare.org.uk/Resources/Respecting_dignity/Privacy/