It is also there to support Jacross Enterprises T/A Bright Dawn Home Care in meeting the following Key Lines of Enquiry (KLOE):
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?
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?
The legal requirements of the regulated activities that Jacross Enterprises Ltd T/A Bright Dawn Home Care is registered to provide:
- The Care Act 2014
- Data Protection Act 1998
- Equality Act 2010
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Human Rights Act 1998
- Mental Capacity Act 2005
Who will be affected?
The following roles may be affected by the policy:
- All staff
The following people may be affected by this policy:
- Service User/ Clients
The following stakeholders may be affected by this policy:
- Family members
- External health professionals
- Local Authority
Jacross Enterprises Ltd T/A Bright Dawn Home Care’s objective are to ensure the service user/ Client’s right to privacy is respected and that the staff understand how they can deliver care and support that respects this right.
Jacross Enterprises Ltd T/A Bright Dawn Home Care recognises the right of Service User/ Clients to be left alone, undisturbed and free from intrusion. The Service User/ Client also has a right to privacy with regard to both their personal affairs and their belongings.
Staff will adhere to the human rights of individuals and work in accordance with professional codes of conduct and company policy and procedures. Intentional breaches of privacy will be investigated fully, and appropriate bodies informed, and lessons learnt.
- Care Planning at the start of a service
The needs of the Service User/ Client in relation to privacy will always be considered during the care planning stage to ensure that Jacross Enterprises Ltd T/A Bright Dawn Home Care can efficiently meet the person’s needs. This assessment should include what information about them can be shared and with whom.
The care planning process should be completed in a private area where the Service User/ Client 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.
The preferred Service User/Client’s wishes must be communicated to other relevant staff at Jacross Enterprises Ltd T/A Bright Dawn Home Care.
- Service User/ Client Rights
The individual requirement for privacy will be respected at all times and all information relating to individuals will be treated in a confidential manner.
Jacross Enterprises Ltd T/A Bright Dawn Home Care recognises the right of Service User/ Clients to be left alone, undistributed and free from intrusion and public attention. The Service User/ Client also has a right to privacy with regard to both their personal affairs and their belongings.
- Staff Expectation, Behaviour and Professionalism
Staff will also need to follow professional codes of conduct as operational policies and procedures when considering privacy for Service User/ Clients. This includes all staff expectations around professionalism of communication.
Staff will only discuss Service User/ Clients 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/ Client’s care outside of the work environment.
- Records Management
Records will be designed, used and stored in a manner which assures privacy. Records will be made available to the Service User/ Client’s main carer and family according to the wishes of the Service User/ Client. Staff should refer to the record keeping policy and procedure for further information and guidance.
- Personal Care and Privacy
Particular attention will be given to preserving privacy in the use of bathrooms, toilets and when dressing and undressing. At the same time, health and safety and the personal risk management will be considered and discussed. Staff will ensure curtains/blinds are closed in order to ensure privacy during personal care and moving and handling.
Any personal and sensitive items that could be deemed as necessary care equipment (such as continence aids, catheters, dressings) should be kept out of view at all times to ensure that privacy is maintained. Staff will always knock on the Service Users/ Client’s door and await a response before entering the room.
- Photography and Filming
Staff should refer to the policies available with regard to privacy, photography, filming consent and the use of CCTV at Jacross Enterprises Ltd T/A Bright Dawn Home Care and to relevant CQC guidance.
- Breach in Privacy
Any breach of the privacy of a Service User/ Client will be considered as a serious event. The incident will be fully investigated in accordance with local procedures and evidence of any lessons learnt recorded, to ensure 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/ Client must be reported to the manager.
Breaches of Privacy of a serious nature will be referred to the local safeguarding board and a regulatory notification completed by the agency manager or delegated other with the relevant skills, knowledge and experience.
- Training and Education
Privacy forms part of the Care Certificate for care workers. New staff that 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.
Privacy should form part of Jacross Enterprises Ltd T/A Bright Dawn Home Care’s supervision process as well as staff and Service User/ Client meetings in order to review practice, seek feedback and determine quality assurance. Staff will receive training on the Data Protection Act and Associated regulations.
- Capacity and Privacy
The same rights of privacy apply to individuals who are proven to lack capacity, there sore should do the following:
- Establish any previously expressed views or wishes og the individual regarding privacy from family and others.
- Observe Service User/ Client 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 with in this policy, if deemed in the Service User/ Client’s best interest to do so (in accordance with the Mental Capacity Act) when weighing up privacy. Refer to associated policies and procedures for further guidance.