CONFIDENTIALITY STATEMENT
"The Students’ Union’s Advice and Information Service is committed to providing a confidential advice and Information service to all its users. Nothing you tell us will be shared with any other department, organisation or individual outside the Service without your express permission, unless required by law (under the Prevention of Terrorism and Child Protection Acts) or a conflict of interest arises in which case you would be advised prior to any disclosure.
A copy of our Confidentiality policy is available from the Information Centres or the Student Advice Centre reception points.
This statement will be displayed outside the Student Advice Centres and Information Centres and in the waiting areas and advisers' offices.
DEFINITION OF CONFIDENTIALITY.
The Advice & Information Service understands confidentiality to mean that no information regarding a service user shall be given directly or indirectly to any third party external to the Centre's Staff, Vice President Education, Vice President Welfare and in exceptional circumstances (where a conflict of interest arises or where there are serious consequences for the Students' Union as a whole) the Students Union's General Manager, without that service user's prior expressed consent to disclose such information.
We believe that all users should be able to access our services in confidence and that no other person should ever be informed that they have used the service unless their express permission is given, or a conflict of interest arises.
We recognise that information may be indirectly given out through staff informally discussing cases. All staff should ensure that no discussions relating to a client take place outside the Centres.
The Union's Executive Committee will not receive details of individual service users or their case with the exception of the Vice Presidents for Welfare and Education who direct the work of the service.
We recognise that users need to feel secure that confidentiality can be assured when using our services. Confidential interview space is available and we will ensure blinds, radios and other mechanisms are used to ensure no breach of confidentiality can occur inadvertently.
We will not confirm the user's presence in the Student Advice Centre or use of the Centre without obtaining the user's consent
STATISTICAL RECORDING
The Advice & Information Service is committed to effective statistical recording of service users to enable us to monitor take-up of service and to identify trends, areas of concern and any policy issues arising.
It is the Advice & Information Service’s Manager's responsibility to ensure all statistical records given to third parties, shall be produced in anonymous form, so that individuals cannot be identified from them.
CASE RECORDS
It is the Advice & Information Service’s Manager's responsibility to ensure all case records are kept in locked filing cabinets. All case records must be locked away at the end of each working day. All information relating to service users will be securely locked away. This includes rough notes, copies of correspondence, calculation sheets and any other sources of information. Any rough notes will be shredded once the case has been written up.
Case records that are currently in use should never be left anywhere where it is possible for them to be seen. Case records passed to advisers for that day's appointments should at all times be kept secure.
All dormant cases will be sealed in boxes and placed in the archive room for safe keeping for a minimum of seven years after the client's last contact with the Centre. After this time limit has expired all records will be shredded.
EXPRESSED CONSENT TO GIVE INFORMATION
It is the responsibility of individual Advisers to ensure that where we have agreed to act on behalf of a client that s/he completes a Form of Authority. The original should be kept on file and a copy enclosed when corresponding with any third parties.
Staff are responsible for checking with clients whether it is acceptable to call them(or write) at home or work in relation to their case. If a message is left or the call is taken by someone other than the user, no direct mention should be made of the Advice & Information Service unless the client has previously indicated that this is acceptable.
All details of expressed consent must be recorded on the case file.
BREACHES OF CONFIDENTIALITY
Occasions may arise where individual workers feel they need to breach confidentiality. We recognise, however, that any breach of confidentiality may damage the reputation of our service and therefore has to be treated very seriously. In the event of an individual worker experiencing conflict or personal difficulties in dealing with a particular client, the manager should be notified and alternative arrangements will be made for the client, and appropriate support offered to the staff member.
Confidentiality will need to be breached when the Student Advice Centre identifies a conflict of interest, which necessitates the Student Advice Centre informing one party that it can no longer act on its behalf.
When a conflict of interest arises, the Student Advice Centre cannot advise both parties to a dispute.
1. Where both parties are existing clients, the Student Advice Centre can advise neither party regarding the dispute:
a) Each client will be informed that they cannot be advised on the dispute, as the other party is an existing client of the Student Advice Centre.
b) The first party will be informed that the other party will be given this information also, should they approach the Student Advice Centre regarding the dispute. No further information will be divulged to either client regarding their visits.
c) The clients will then be referred to an outside agency/Legal Clinic (See 4) on this issue.
d) Each client can continue to be advised by the Student Advice Centre on other issues and must be informed of this.
2. Where one party is a pre-existing Student Advice Centre client:
a) Only the existing client can be advised on a dispute with another student.
b) The existing client must be informed that should the second party to the dispute approach the Student Advice Centre on this matter, confidentiality will be broken; the second party will be informed that the other party is a client and that they therefore cannot be advised on this matter. No other details of the existing client’s visit(s) will be divulged.
c) The second party will then be referred to an outside agency/Legal Clinic (See 4.) on this issue
d) The second party can be advised by the Student Advice Centre on other issues and should be informed of this.
3. Where both parties first contact with the Student Advice Centre is in relation to a dispute with another student:
a) The Student Advice Centre can advise the first party in the matter.
b) The first party will be informed on their first visit that if the second party approaches the Student Advice Centre regarding the dispute confidentiality will be broken; the second party informed that the other party is a client and that they therefore cannot be advised on this matter. No other details of the first party’s visit will be divulged.
c) The second party will then be referred to an outside agency/Legal Clinic (See 4.) on this issue.
d) The second party can be advised by the Student Advice Centre on other issues and should be informed of this.
4. Where the Student Advice Centre cannot advise one or both parties due to a conflict of interest, and the dispute has legal implications, they can refer the parties to the Legal Clinic:
a) Where one party to a dispute is a pre-existing client, the second party can be referred to the Legal Clinic at the other site (See 3.a).
b) Where both parties are pre-existing clients, the first party to approach regarding the dispute will be referred to the Clinic at the same site, and the second to the other site (See 1.a and 1.b)
c) Where both parties first contact with the Student Advice Centre is regarding a dispute, the first party will be advised by an adviser, and the second party will be referred to the Legal Clinic at the opposing site (See 3 b). The first party can then be referred to the Legal Clinic at the same site if/when necessary.
It is not anticipated that a conflict of interest will arise with clients of the Information Centre as this service is limited to the provision of information only.
Where a service user exhibits threatening behaviour, whether to other users or staff, it may be necessary to summon help from outside the Service. Where practicable, the manager should be alerted to the problem before action is taken but it is recognised that action might have to be taken immediately without reference to the manager.
There may be instances where users confide that they have committed/are about to commit a crime. In English Law there is no duty to disclose a criminal offence, so being aware of the crime is not assisting in that crime and confidentiality will not be broken in these instances. We are however required by law to disclose anything related to acts of terrorism. The Prevention of Terrorism (Temporary Provisions) Act 1989 makes it an offence to fail to give information which may help to prevent acts of terrorism or apprehend a terrorist. In the unlikely event of such a situation occurring staff should consult with the manager who would then seek a legal opinion.
LEGISLATIVE FRAMEWORK
The Advice & Information Service’s manager will monitor this policy to ensure it meets statutory and legal requirements including the Data Protection Act, Children's Act, Rehabilitation of Offenders Act and Prevention of Terrorism Act. Training on the policy will include these aspects.
ENSURING THE EFFECTIVENESS OF THE POLICY
All Executive Committee members will receive a copy of the confidentiality policy. Existing and new workers (staff and volunteers) will be introduced to the confidentiality policy via induction and training. The policy will be reviewed annually by the Advice & Information Service’s manager, with any amendments being agreed by the Executive.