www.carers.org © carers trust carers & confidentiality ruth hannan, policy & development...
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www.carers.org
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Carers & ConfidentialityRuth Hannan, Policy & Development Manager
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www.youngcarers.net© Carers Trust
Contents
1. Overview of the confidentiality concept
2. Exercise – what is confidential information?
3. Limits and exceptions to confidentiality (Machin)
4. Principles and Solutions
5. Further resources
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Overview of the confidentiality concept
Keeping something confidential = keeping it private.
In health and social care, this means:
“information confided [to a professional] should not be used or disclosed further, except as originally understood by the confider, or with their subsequent permission”
(NHS Code of Practice on Confidentiality, 2003)
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Common-law right, but Human Rights Act
1998 creates legal right to privacy.
Also Mental Health Act 2007’s participation principle (involvement of service users and carers) as well as guidance to ensure carers have access to information.
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But what is the point of keeping personal details confidential?
Maintaining a patient’s confidentiality is vital for:• building trust,• developing and maintaining therapeutic
relationships,• and so help that person recover.
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Potential Conflicts
We all share the same aim: for the cared for to be as well as possible. However, there can be a:• conflict between carers’ need/want to know vs cared for’s
right and desire for privacy • conflict between professional’s duty of care vs institutional
penalties for breaking confidentiality• conflict between professional’s duty to patient vs need to
safeguard family and other carers
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Experience of Confidentiality
• Practice and Training in your area?• Good practice?
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Why Share Information?
1. Helps professionals keep in touch with situation & gain greater understanding of support available to service user and family
2. Helps promote service users’ recovery by helping carers provide more consistent and informed care
3. Helps support carers’ own needs – especially useful for GP surgeries – may prevent crisis.
Great - but the question remains how to do this…
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Confidentiality: Limits and Exceptions
Confidentiality is:
not an absolute right, not an absolute duty, situational
“The principle of confidentiality may operate to limit the information, about the user, which the professionals can divulge.”[1]
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Limits of the Concept (Machin)
• Service user cannot prohibit professional from engaging with carer – info, advice, etc. as long as no confidential information disclosed
• Service user cannot prohibit professional from receiving information from the carer
• Professional can talk to carer about facts the carer already knows
• Confidential information can be disclosed with service users’ consent
• 1-3 about non-confidential information, 4 is about • confidential information.
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Exceptions to the Concept
Lawful breaches of confidence: Disclosure in the Public Interest Team Working: the “need to know” For the benefit of a user incapable of consenting to
disclosure
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Useful Resources
• Partners in Care – www.partnersincare.co.uk • Triangle of Care Virtual Ward -
http://www.rcn.org.uk/development/mental_health_virtual_ward/triangle_of_care
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Carers Trust is a registered charity in England and Wales (1145181) and in Scotland
(SC042870). Registered as a company limited by guarantee in England and Wales
No. 7697170. Registered office: 32–36 Loman Street, London SE1 0EH.
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Ruth Hannan
Email: [email protected]
Telephone: 0161 864 3003