n this circumstance, the requirements of community workers with regards to client confidentiality may conflict with the mandatory reporting requirements for child abuse and neglect. For example, if you have a client who is a young person under the age of 18 years and they disclose to you that they have been sexually abused by their uncle since they were 12 years of age, the information they are disclosing is confidential but you may also be required under mandatory reporting laws to notify the relevant child protection agency. In circumstances such as this, where the code of practice conflicts with the law it is important for professionals to seek advice from their relevant governing body and if necessary, legal advice. In this circumstance you may be found to have a legal duty of care for your young client and you may be found to have breached your duty of care if you do not report suspected child abuse or neglect. In all cases, you should be aware of the ethical and legal requirements of your profession and these should be made clear to your clients at the start of the therapeutic relationship. This is particularly important for issues surrounding confidentiality and the limits of confidentiality.
The responsibility to your client of duty of care and confidentiality may only form part of your responsibilities as a
…show more content…
In addition to the minimum entitlements provided by the NES, there may an award, employment contract, or enterprise agreement that outlines your employee rights. These rights may vary within the different states of Australia, your occupation, and your organisation. However, they must be in addition to the minimum rights outlined by Fair Work Australia in the NES. You should refer to the relevant state workplace authority and your individual employment contract to learn about your employee
The Children Act 1989, section 47 states that the Local Authority must investigate if it has ‘reasonable cause‘ to suspect that a child is suffering significant harm. This is also known as a section 47 enquiry. Ralph says he has been the victim of physical abuse and that this was a reoccurring act. As a social worker I would have to investigate this further. The questions I would want to find answers to would include; Are Ralph’s siblings at risk from experiencing similar physical abuse? Is Ralph at risk of suffering from physical abuse if he returns home to his mother? I would also want to look further into the causes behind Ralph’s truancy and why he has started to engage in anti-social behaviour. Could this be a result of a breakdown in his relationship with his mother? Or are there problems with the home environment? When Ralph disclosed that his mother hit him with a stick, he said that he did not want anyone else to know. With this we encounter a conflict of what Ralph wishes and the professional duty of the worker. When working with young people it is important to make sure that they are aware of and understand the agency’s confidentiality policy. As a social worker I would explain to Ralph, within his level of understanding, that I will have to record some of the information he shares with me. However if he shares information that suggests that himself
Within the health and social care setting there are numerous peices of legislation and codes of practice designed to protect individuals.These are there to protect from breaches of confidentiality were the information held on that individual is only viewed by staff directly involved in their care.
The case of Leanne presents a number of ethical dilemmas that counselors can face with their clients. Here Leanne does not want you to tell anyone what she has just told you regarding her past. By telling someone you will be breaking client confidentiality, Leanne’s trust in you, and the therapeutic relationship you have built with her. If you decide to not then you are breaking the law. Even though the sexual abuse is reported as only existing in the past the client is still a minor and living with her father. By not reporting this you are also possibly putting the client at risk of being sexually abused again.
1. Confidentiality must be kept at all times. You must have the senior practitioner’s and/or the parents’ permission before making formal observations of children. Do not to leave confidential material lying around they must be secured in a locked cabinet. Line of reporting-only talk to authorized personal about confidential material. This confidentially can only be broken when a child is at real risk.
Practitioners and professionals working with children on a daily basis are in a good position to notice changes in a child's or young person’s behaviour which may be a possible sign of abuse. Children or young people may also confide in practitioners or allege that abuse has taken place.
The subject I intend to reflect upon is confidentiality within a professional healthcare setting. Confidentiality formed a part of our professional issues lectures and it piqued my interest due to how differently it is interpreted within healthcare as opposed to education, which is my background. In an educational setting I was taught repeatedly that I could never ensure confidentiality between myself and a child. Comparing that to what I have now learnt in healthcare, this seemed to me almost the opposite way of working as I was used to and so I wish to reflect upon this.
Professionals must uphold the rights and promote the interests of individuals experiencing abuse or neglect. If a service user is currently facing abuse or neglect they might find it difficult to talk to others and open up about how they feel and the issues going on in their life. They may feel that it makes them weak or they may even be afraid to talk about it as they are scared of a family member, another service user, a friend or a member of staff. All service users have different needs and are each unique in their own way. Some service users may struggle to protect their rights because they do not have the mental capacity to understand the implications of their circumstances. You should always consider how disrespectful remarks or actions will affect the service user’s self-esteem. Also you must not judge them or tell them that they are wrong. As a professional you must put your trust into the service user and believe that they are telling the truth. In addition professionals should never promise to keep a secret for a service user as this may put you and the service user at risk of harm. Therefore the service user should be informed that you will not keep a secret and make
As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American Nurses Association, 2011).
No Secrets was the single largest piece of advice and guidance to local agencies that had a responsibility to investigate and take action when a vulnerable adult is believed to be suffering abuse. It offered a structure and content for the development of local inter-agency policies, procedures and joint protocols which drew on good practice nationally and locally.
Practitioners have a legal duty of confidence with regards to person information that they hold about children young people and their families. Any information you receive about young people and their families. In my work setting information should only be shared with professionals, all information child protection records should be kept securely. These are kept behind the manager’s desk on a tall shelf so that children can’t access them. Personal information should only be disclosed to third parties such as social services after obtaining the consent to who the information relates to in some child protection matters but it may not be possible to obtain consent. The data protection act 1998 allow allegation without consent in some circumstances for example to detect and prevent crime, to apprehend prosecute and offender.
Exceptions to confidentiality arise in a variety of ways. One way includes when confidentiality conflicts with governmental policy or law, exception could allow the practitioner to release confidential information without the consent of the client. Such instances that would be included in this category include abuse reporting, the duty to warn, which refers to the protection of the client and any intended victims from possible harm, monetary collection and direct
The main focus of the article is to look at the absolute value of patients’ confidentiality. Blightman et al. look at the pros and cones of breaking patient’s confidentiality and conclude that a breached of confidentiality is in order when it is necessary to obtain consent, as required by law, or when it is in the best interest of the public. The article is useful to my subject, since it examines in details the main issues involving the safeguard of patients’ information. In addition, the authors define confidential information, looks at breaching confidentiality for consent, audits, protection of children, disclosure to family and friends, statutory disclosure, prevention of crime, public interest, public safety, public health, and disclosure to the media. The paper publication is Continuing Education in Anaesthesia, Critical Care & Pain, which s a joint publication of the British Journal of Anaesthesia and The Royal College of Anaesthetists in the UK. It is also the official journal of The Faculty of Pain Medicine and The College of Anaesthetists of Ireland. Publication in such an esteemed journal requires utterly scrutinized of reliability and credibility of the information provided. I found the article educational and thorough in its coverage of aspects of breach of patient information. It is also well written and easy to understand.
Children and their families have the right to privacy of their home lives. Information on the child and family needs to keep confidential and only shared if permission is given from the parents/carer. Conflict will occur when safeguarding the child from abuse from a family member. This information will then needed to be shared with other agencies this may need to be done without the parents consent in the interest of the child’s welfare. This information will still need to be done on a need to know bases and no gossiping.
Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the
Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).