CNS Physiotherapy Confidentially & Safeguarding Policy

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This page provides information relating to how our team handle any information provided to us when we work with patients and clients (service users). For information relating to how we handle the information provided to us by people visiting our website please see our privacy page.

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This page cannot cover every situation where problems or challenges about confidentiality might come up. However, we keep the following principles in mind when handling service user information:

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• Take all reasonable steps to keep information about service users safe

• Make sure we have the service users consent if we are passing on their information (unless there are good reasons not to, for example, it is necessary to protect public safety or prevent harm to other people)

• Make our own informed decisions about disclosure and be able to justify them

• Keep up to date with relevant law and good practice

• Tell service users when we have disclosed their information (if this is practical and possible)

• Get express consent, in writing, if we are using identifiable information for reasons which are not related to providing care, treatment or other services for service users

• If appropriate, we will ask for advice from colleagues, professional bodies, unions, or legal professionals

• Keep appropriate records of disclosure

• Only disclose identifiable information if it is necessary, and, when it is, only disclose the minimum amount necessary

The Physiotherapists within CNS Physiotherapy are all registrants of the health and care professions council (HCPC). The HCPC is a regulator whose main aim is to protect the public. To do this, they keep a register of health professionals that meet their standards for training, professional skills, behaviour and health.  

Confidentiality -

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Confidentiality to us means protecting the personal identifiable information relating to our service users. This information might include details of a service user's lifestyle, family, health or care needs which they want to be kept private.

Service users should expect any contact with the CNS Physiotherapy to be treated as confidential. Any of the team involved in the care or treatment of service users will protect their confidentiality at all times.

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As a service we work inline with the HCPC standards of conduct, performance and ethics. You can expect us to:

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• Keep records of our work

• Be open when things go wrong

• Manage risk

• Delegate appropriately

• Communicate appropriately and effectively

• Be honest and trustworthy

• Report concerns about safety

• Respect confidentiality

• Work within the limits of our knowledge and skills

• Promote and protect the interests of service users, parents and carers

Confidentiality and the law -

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We have a professional and legal responsibility to respect and protect the confidentiality of service users at all times. It is our professional and legal responsibility to protect the confidentiality of services users at all times. The law says that as health professionals we have a duty to protect the confidentiality of the people we have a professional relationship with. Our standards of conduct, performance and ethics says that:

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• We must keep records secure by protecting them from loss, damage or inappropriate access

• We must treat information about service users as confidential

This means that we take all reasonable steps to protect information about our service users.

Consent and confidentiality

Identifiable information is disclosed for a number of reasons. It can happen when we refer a service user to another health and care professional or when a service user asks for information to be given to a third party.

It is important that we get the service user's permission, or consent, before we share or disclose information or use it for reasons which are not

related to the care or services we are providing them.

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Disclosing information with consent

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In most cases, we will need to make sure that we have consent from the service user before we disclose or share any identifiable information.

One of the most common reasons for disclosing confidential information will be when we contact other health and care practitioners. This might include discussing a case with a colleague or referring a service user to another health and care professional.

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Sharing information is part of good practice. Care is rarely provided by just one health and care professional, and sharing information within our team, the wider multidisciplinary team, or with other organisations or agencies is often an important way of making sure care can be provided effectively.

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Most service users will understand the importance of sharing information with others who are involved in their care or treatment and will expect us to do so, so we will normally have implied consent to do this.

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However, when we share information with other colleagues, we should make sure that:

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• It is necessary to provide the information

• We only disclose the information that is relevant

• The professional receiving the information understands why we are sharing it and that they have a duty to keep it confidential

If we decide not to contact other practitioners when we might reasonably be expected to, or if a service user asks us not to, it is important that we keep clear records of this and are able to justify our decision.

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If we are concerned about a request someone makes for information - for example, we think the information they have asked for is not relevant - we may contact the person who has asked for the information so they can explain their request. We may also want to get legal advice, or advice from our professional body.

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Sharing information with third parties

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It is important that we get express consent, in writing where possible, if we plan to use identifiable information for reasons which are not directly related to the service user's care or if they would not reasonably expect their information to be used or shared in that way.

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Sometimes, a third party who is not a health and care professional may ask us for information. This might be a request to send information to an insurance company, education setting, local authority, or a solicitor. We would always make sure that we have express consent of the service user prior to providing any confidential information.

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There are a small number of circumstances where we might need to pass on information without consent, or when we have asked for consent but the service user has refused it. The reasons for this are covered below in the sections public interest and safeguarding.

Disclosing information without consent-

Public interest

We can disclose confidential information without consent from the service user if it is in the 'public interest' to do so.

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This might be in circumstances where disclosing the information is necessary to prevent a serious crime or serious harm to other people. We find out whether it is in the public interest to disclose information by considering the possible risk of harm to other people if we do not pass it on, compared with the possible consequences if we do. This includes taking account of how disclosing the information could affect the care, treatment or other services we provide to the service user.

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We should carefully consider whether it is in the public interest to disclose the information. If we are unsure we may want to get legal advice.

We need to be able to justify a decision to disclose information in the public interest (or a decision not to disclose information) so it is important that we keep clear records.

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Even where it is considered to be in the public interest to disclose confidential information, we should still take appropriate steps to get the service user's consent (if possible) before we do so. We should keep them informed about the situation as much as we can. However, this might not be possible or appropriate in some circumstances, such as when we disclose information to prevent or report a serious crime.

Sometimes, we may be asked for information directly under the law - for example, if a court has ordered us to disclose the information. We have a legal duty to keep to orders made by the court.

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We should tell the service user if we have had to disclose information about them by law, unless there are good reasons not to - for example, if telling them would affect how serious crime is prevented or detected. We should also only provide the information we have been asked for and keep a record of this.

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Keep in mind that not all requests from solicitors, the police or a court are made under a legal power that means we must disclose information. If disclosure is not required by law, and cannot be justified in the public interest, we must get express consent from the service user.

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Safeguarding

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Our standards of conduct, performance and ethics say that:

We must take appropriate action if we have concerns about the safety or well-being of children or vulnerable adults.

In these situations, the following apply.

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• We follow local policies and processes for raising a safeguarding concern. This might include informing the local council or the police.

• If we are concerned that someone has caused harm, or could pose a risk to vulnerable groups, we should refer the matter to the Disclosure and Barring Service, or in Scotland, Disclosure Scotland. We may also want to inform the local council or the police.

Confidentiality & Safeguarding

​Please see below our in depth Confidentiality & Safeguarding policy on how we use your data. For any further questions, please feel free to contact us.