• Introduction

The nature of MPL’s operations means that we may come into contact with vulnerable adults and vulnerable children. For MPL therefore confidentiality when dealing with these Clients is of utmost importance not just because it is important that the confidentiality of personal and special category information should remain in control of the Client but also because it will help to build trust with the Client. This Confidentiality Policy must be read in conjunction with our Client Privacy Notice because it fills in some of the gaps that are not covered by current data protection laws.

MPL’s field of operation is in providing services to Clients and as a result, staff and 3rd party contractors (“Practitioners”):

1. May come into contact with vulnerable adults and young people including children;
2. May also be given very sensitive and confidential information about what has been happening to the Client;
3. May also be given sensitive information classified as Special Category Data under Data Protection law such as health information;
4. May also become aware of illegal actions and activities both criminal and civil.

All 3rd party contractors used by MPL must have their own confidentiality policy which at least meets the standard of this Policy.

• Purpose of the Policy

This policy ensures confidential information about a Client is handled appropriately and sensitively and that Practitioners have the information they need to best support and safeguard the wellbeing of the Client on our programmes. 

• Clients will often disclose personal information to Practitioners as a result of their engagement in our programmes and the positive relationships they build.
• This policy is designed to guide Practitioners on how to handle this information in a way that maintains trust and that protects and respects the wishes of the Client. 
• MPL must meet its legal obligations regarding data protection. 

PLEASE NOTE: We may provide services to Clients primarily from other organisations such as schools or colleges and as such we will be receiving information about the Client from the other organisation but it is important that we only record information that is truly needed and relevant to the work that we are undertaking. If you do not need a piece of information to perform your duties then please do not record it. However we also know that we will have Clients coming to us directly. This policy is written to particularly deal with those cases because you will probably be given information that may be highly personal and sensitive. Such information must be handled carefully and the resulting actions have to be carefully considered – you should always seek further advice before proceeding with any course of action. 

This policy provides clear procedure to Practitioners on responding to disclosures and recording and sharing confidential information.

Our Policy is:

1. Anything that a Client chooses to share with a MPL Practitioner must be treated with the utmost respect; 
2. The only time that confidentiality should be broken is if there are any concerns about the wellbeing or safety of the Client or another person associated with them such as children or relatives;
3. Clients should be made aware of the limits to confidentiality; 
4. Clients have a right to request to see any information stored on them;

• Definitions

Confidential information: 

• Personal information of a private or sensitive nature 
• Information not already lawfully in the public domain or available from another public source 
• Information shared in circumstances where the person sharing could reasonably expect it not to be shared with others 

Vulnerable adult: a person aged 18 or over who may be in need of community care services by reason of disability, age or illness, and who is unlikely to be able to protect themself against significant harm or exploitation. A vulnerable adult may need, or be receiving, support from one or more of the following services: 

• Healthcare e.g. GP; 
• Relevant personal care; 
• Social Services; 
• Mental Health provision; 
• Household support by reason of age, illness or disability. 

Harm: ill-treatment or impairment of health and development. Regarding any children that might be involved in the situation – Section 120 of the Adoption and Children Act 2002 includes impairment suffered from seeing or hearing the ill-treatment of others. 

• Informing Clients

• General principles of confidentiality should be explained to Clients including their right to view any information held about them; 
• Clients need to understand that Practitioners are not allowed to ‘keep secrets’ and that any information of a serious nature has to be shared with the Safeguarding Officer; 
• Practitioners must explain that we may have a duty to share information with other agencies as needed and appropriate. Once the Client has agreed to share information we do not need to seek further consent.
• Clients should be made aware of what the process will be following any disclosure.

• Disclosures and recording information

• If a Client makes a disclosure, Practitioners should reassure them but must not make promises that they may not be able to keep, such as “I won’t tell anyone” or “everything will be alright”. Practitioners must never promise confidentiality.
• Clients have the right to view information stored on them and to correct it if needed; 
• Practitioners must ensure that information recorded about a Client is factual and not based on hearsay, circumstance or opinion, and that evidence is given for any statements made; 
• Practitioners should ensure that any Special Category Data relating to the safety or wellbeing of a Client is not recorded on any database that is generally accessible to Practitioners across the organisation, and that safeguarding incidents are logged with the Safeguarding Officer the same working day; 
• Guidance should be sought from the Safeguarding Officer if needed, and any significant safety concerns should be addressed; 
• See our Safeguarding Policy for further guidance and information.

• Sharing information within MPL

• Ensure information about a Client is only shared on a ‘need to know’ basis and shared with sensitivity and respect for confidentiality; 
• Consideration should be given to Practitioners who may be working with Clients on a one-to-one basis, and may need access to relevant information; 
• Practitioners should be aware of the location in which they discuss personal or confidential information about a Client, ensuring that they cannot be overheard;
• Serious or sensitive information given by the Client, or received from a third party, in a confidential setting must be shared with a Manager.
• Where possible Practitioners should seek consent to pass on information however if the disclosure involves serious harm to the Client or others then a report may need to be made without the Client’s consent. Refer to the Safeguarding Policy and Safe Working Practice Guidance. 
• Illegal acts/criminality must be reported to the relevant the Safeguarding Officer who will decide whether to contact the police; 
• Where a Practitioner breaks this policy without authorisation, the incident will be investigated by the Safeguarding Officer; 
• The Safeguarding Officer should then decide who else within MPL should have this information. This decision will be primarily based on safety factors. 

• Sharing information with external agencies

• MPL should and will establish a data sharing agreement with relevant local referral agencies; 
• If further information is required, a Client can be asked for details of any relevant external agencies that they are involved with who may be able to provide this. 
• Where a disclosure of a sufficiently serious nature (i.e. one that reveals significant harm) is made, Practitioners have a duty to share this information with relevant agencies as it could help to protect the Client; 
• Any confidential information received from an external agency working with a Client should be stored according to the same principles as information held by MPL;

• Sharing information with the police

Practitioners should consult the Safeguarding Officer before taking any action involving the police as such action could make matters worse not better. The key question will be whether there is a serious danger of imminent harm or significant harm to the Client or anyone else. We must also take into account the Client’s views as to whether they want the police or any other agencies involved. 

There are specific guidelines around sharing information with police on their request: 

• Confirm with the police that the reason for the request is that they wish to contact a named individual about a named criminal investigation (regardless of whether that individual is a suspect or witness) and that failure to release the data would prejudice the investigation;
• Most police forces will have their own request form which should include a statement confirming that the information requested is required for the purposes covered in UK GDPR and Data Protection Act 2018, a brief outline of the nature of the investigation and the subject’s role in that investigation, and the signature of the investigating officer. This document must be obtained prior to the release of any information, as long as there is no immediate danger to an individual; 
• The release of information must be authorised within MPL by the Safeguarding Officer;
• Practitioners must not obstruct the police in the process of their investigations, e.g. by concealing information, as this is a serious offence.

This policy will be reviewed annually or when there is a change in circumstances, in work practices or the introduction of new legislation.

NAME: Mariana Espinel

POSITION: Director 

DATE: January 2025