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Confidentiality Policy

1. Policy Statement
2. Policy Definition
3. Case Recordings
4. Expressed Consent
5. Breaches Of Confidentiality

1. Policy Statement.
Money Advice Direct is committed to providing confidential advice and information to its users.

Money Advice Direct believes that:

• the principles of confidentiality must be applied to all aspects of its service and management
• its users have a right to confidentiality in order to protect their interests and safeguard Money Advice Direct services

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2. Policy Definition.

• Money Advice Direct understands confidentiality to mean that no information regarding a service user shall be given directly or indirectly to any third party which is external to the members of Money Advice Direct team without the service user's prior expressed consent to disclose such information. Exceptions include the Legal Services Commission, who may ask to view sample cases to assess the quality of the casework undertaken. Service users can request that their file not be offered as an example and sign a statement confirming this.
• Money Advice Direct recognises that all users should be able to access the service in confidence and that no other person should ever know they have used the service.
• Money Advice Direct also recognises that information may be directly given out through advisers informally discussing cases. All team members should ensure that no discussion relating to an individual service user takes place outside the offices of Money Advice Direct. The executive committee will not receive details of individual users or their cases unless they have been involved in the case.
• Money Advice Direct further recognises that all users need to feel secure in using the service. The UK Insolvency Helpline aim to provide users with confidential interview space, where steps will be taken to ensure that no breach of confidentiality can occur inadvertently.
• Money Advice Direct will not confirm the user's presence in the centre or use of the Service without obtaining the user's consent.

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3. Case Recordings
It is the responsibility of each adviser to ensure that all case records are kept locked in filing cabinets, and the responsibility of manager to ensure that all advisers follow this procedure. All case records must be locked away at the end of each working day. Any other information relating to service users will be kept in locked drawers. This includes notebooks, calculation sheets and any other sources of information.
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4. Expressed Consent
It is the responsibility of each advisor to ensure that the service user signs an authorisation form, if it has been agreed that Money Advice Direct will work directly / take action on behalf of the service user. This authorisation form should be placed on the service users' file. The advisers are responsible for checking with the service user if it is acceptable to call them at work, home or other, in relation to their case. All advisers must ensure that they make no reference to Money Advice Direct when leaving messages for service users.
Money Advice Direct team are responsible for checking with service users that it is acceptable to write to them at home or work in relation to their case. All details of expressed consent must be recorded on the case file.

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5. Breaches Of Confidentiality
Money Advice Direct recognises that situations may arise where individual advisers feel that they need to breach confidentiality. Money Advice Direct recognises, however, that any breach of confidentiality may damage the reputation of Money Advice Direct and therefore must be treated with the utmost seriousness.
On occasions where a worker feels confidentiality must be breached the following steps must be taken:

1. The adviser should UK Insolvency Helpline the matter immediately with the manager.
2. The adviser must discuss with the manager the issues involved in the case and explain why they feel confidentiality should be breached and what would be achieved by breaching confidentiality.
3. The manager is responsible for discussing with the adviser what options are available in the circumstances.
4. If the manager decides that confidentiality may need to be breached, then they following steps need to be taken…
• The manager contacts the executive committee and briefs at least one member on the full facts of the case, ensuring that confidentiality is not breached in doing so. The manager should seek authorisation to breach confidentiality from the Committee (but never members of the Disciplinary Panel).
• If the committee agree to breach confidentiality, a full written report on the case should be made, and action agreed undertaken, which is the responsibility of the manager.
• If the Committee do not agree to breach confidentiality, this is the final decision.
• In no circumstances should any breach of confidentiality be discussed with the Disciplinary Panel, as they are responsible for dealing with complaints. This is to ensure that any future complaints or investigations arising from a breach of confidentiality can be carried out in an independent manner.

Legislative Framework
Money Advice Direct will monitor this policy to ensure that it meets statutory and legal requirements including the Data Protection Act, The Children's Act, The Rehabilitation of Offenders Act and The Prevention of Terrorism Act.

Training on the policy and procedure will cover these aspects

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