Privacy Policy
Because the data we hold about you is your data, you have the following rights in respect of the personal data we hold about you:
- To support the human rights of the Service User and ensure that Senacare 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 Senacare
Ltd such as UK GDPR in relation to data protection information sharing.
- To support Senacare Ltd in meeting the following Key Lines of Enquiry:
Key Question |
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?
|
1.4 To meet the legal requirements of the regulated activities that {Senacare 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
Data Protection Act 2018
UK GDPR
2. Scope
2.1 The following roles may be affected by this policy:
All staff
2.2 The following Service Users may be affected by this policy:
Service Users
2.3 The following stakeholders may be affected by this policy:
Family
External health professionals
Local Authority
NHS
3. Objectives
3.1 To reinforce the requirement, in accordance with professional codes of conduct, to ensure that privacy
is maintained as per the Service User's wishes.
3.2 To provide clarity and standard practice recommendations to staff at Senacare Ltd to ensure that
Service Users have dignity and privacy when they need and want it. This policy is fully aligned with:
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Regulation 10: Dignity and Respect
3.3 To ensure that Service Users', employees' and stakeholders' personal data and information is treated
with the same level of protection around privacy.
4. Policy
4.1 Senacare 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 their personal affairs, data
and their belongings.
4.2 Staff will adhere to the human rights of individuals and work in accordance with professional codes of
conduct, the Information Commissioner's Office (ICO) guidance, UK GDPR and Data Protection Policies
and Procedures at Senacare Ltd.
Intentional breaches of privacy will be fully investigated with appropriate bodies informed and lessons
learnt.
5. Procedure
5.1 Care Planning at the Start of a Service
The needs of the Service User regarding privacy will always be considered during the care planning
stage to ensure that Senacare Ltd can effectively meet the person's needs
This assessment will include what information about them can be shared and with whom. This includes
the Service User providing formal consent to share information. Where capacity is an issue, the
principles of the Mental Capacity Act and associated best interest guidance will be followed
Preferred Service User wishes must be communicated to other relevant staff at Senacare Ltd
Where possible, the care planning process will be completed in a private area where the Service User
can feel able to discuss areas of their care needs. This is particularly relevant if an assessment is
taking place in a hospital or respite setting prior to discharge home
5.2 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
Senacare 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
5.3 Staff Expectation, Behaviour and Professionalism
Staff will follow professional codes of conduct as well as operational policies and procedures
at Senacare Ltd when considering privacy for Service Users. This includes all staff expectations around
professionalism of communication
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
5.4 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 main Care Worker according to
the wishes of the Service User or if information requests fulfil the legal requirements for doing so
Staff can refer to AB19 - Record Keeping Policy and Procedure for further information and guidance
Information sharing with appropriate health professionals will be done in line with UK GDPR and Data
Protection Policies and Procedures at Senacare Ltd
5.5 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
Staff will ensure that curtains/blinds are closed in order to ensure privacy during personal care and
moving and handling
Any personal and sensitive items that may be deemed necessary care equipment (such as continence
aids, catheters, dressings) will be kept out of view at all times to ensure that privacy is maintained
Staff will always knock on the Service User's door and await a response before entering the room.
Privacy will be respected around the Service User's home at all times
5.6 Photography and Filming
Staff can refer to the policies available with regard to privacy, photography, filming and the use of CCTV at
Senacare Ltd and to relevant CQC guidance.
5.7 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 UK GDPR, Data Protection Policies and Procedures at Senacare Ltd
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 environmental or equipment fault which reduces the privacy of any Service User must be reported
to the Registered Manager or senior member of staff
Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and
appropriate regulatory body notifications will be completed by or delegated other, who has the relevant
skills, knowledge and experience
5.8 Training and Education
Privacy forms part of the Care Certificate for care 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 regard to UK GDPR and Data Security and Protection
Privacy will form part of the supervision process agenda at Senacare Ltd as well as at staff and Service
User meetings in order to review practice, seek feedback and determine quality assurance
5.9 Capacity and Privacy
The same rights of privacy apply to individuals who are proven to lack capacity, therefore staff must do the
following:
Establish any previously expressed views or wishes of the individual regarding privacy from family and
others
Observe Service User behaviours 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 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. Refer to associated policies and procedures for further guidance
6. Definitions
6.1 Information Commissioner's Office
The ICO is the UK's independent body set up to uphold information rights in the public interest
This covers the following legislation:
Data Protection Act
Freedom of Information Act
Privacy and Electronic Communications Regulations
General Data Protection Regulation (UK GDPR)
Environmental Information Regulations
INSPIRE Regulations
eIDAS Regulation
Re-use of Public Sector Information Regulations
NIS Regulations
Investigatory Powers Act
6.2 Human Rights
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
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
6.3 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
6.4 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 training of new care workers
Key Facts - Professionals
Professionals providing this service should be aware of the following:
Any breach of a person's privacy is a serious event and will be fully investigated to ensure there is a
period of learning, reflection and change in practice
The environment where Service Users are supported needs to accommodate the ability to promote
privacy
Your professional codes of conduct refer to your accountability in relation to supporting people with
maintaining privacy
It is a fundamental right for everyone to have privacy and as professionals, your role is to promote and
adhere to this right
Key Facts - People affected by the service
People affected by this service should be aware of the following:
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
You have full rights to privacy. Staff will discuss what your wishes are around this and what that means
for you
Staff supporting you will respect your privacy wishes and support you in providing environments that
are private
If you would like to exercise any of the above rights, please contact Mr.Samson Winslow, Managing Director, in writing: samson@senacare.co.uk or Senacare Ltd, 11 Kingsley Road, Hounslow TW3 1PA, UK, HA2
Right to Complain
If you have any concerns about our handling of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”) by visiting https://ico.org.uk/concerns/ or by telephoning the ICO helpline on 0303 123 1113.
Cookies Policy
Senacare uses cookies to give you the best experience on our website. Cookies are files stored in your browser that are used by most websites to help give you the best web experience. By continuing to use our website without changing the settings, you are agreeing to our use of cookies.
This website is required to ask for your consent in order to place or retrieve files from any device that you use to browse the internet.
These files, called cookies, are used by most websites in many different ways, including enabling you to log in and to personalise your web experience.
Cookies can also help us to keep track of the web pages you have visited, giving us important insights into the quality of our services and enabling us to improve and better meet your needs.
It is important to note that cookies cannot be used to gather information from parts of your computer other than your browser, and they cannot contain viruses or other code.
You can choose whether or not to allow websites to use cookies, but you should be aware that if you do not allow cookies you may experience a loss of site functionality in many cases, and some services will not work at all unless cookies are allowed.