Review Sheet: Quality Compliance Systems
Reason for Review: Scheduled review
Downloaded: 17 July 2025
Author: Allen Amuaku
Policy Level: LOW
Organization: Parkview Residential Care Home
Summary
This policy outlines best practice to support Service Userss with their right to privacy in a communal setting. It has been reviewed with minor changes to 5.7. References have been checked and updated.
1. Purpose
1.1 To support the human rights of the Service Users and ensure that Crownwise homes complies with legislation and regulation in relation to the privacy of individuals.
1.2 This policy covers the day to day considerations of ensuring privacy whilst supporting Service Userss. This policy should be read in conjunction with the suite of person-centred and rights policies and procedures as well as data protection and security.
| 1.3 Key Question | Quality Statements |
|---|---|
| WELL-LED | QSW1: Shared direction and culture; QSW2: Capable, compassionate and inclusive leaders |
| SAFE | QSS3: Safeguarding |
| RESPONSIVE | QSR1: Person-centred care |
| CARING | QSC1: Kindness, compassion and dignity; QSC3: Independence, choice and control |
1.4 Relevant Legislation
- 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
- Nursing and Midwifery Council (NMC) Legislation
- Data Protection Act 2018
- UK GDPR
Underpinning Knowledge
Author: ICO, (2021), UK GDPR guidance and resources [Online] Available from: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/ [Accessed: 06/03/2025]
https://carelearning.org.uk/blog/equality-and-diversity-blog/what-is-a-safe-space-in-health-and-social-care/ [Accessed: 06/03/2025]
Author: Care Quality Commission, (2015), Housing with care: Guidance on regulated activities for providers of supported living and extra care housing [Online] Available from: https://www.cqc.org.uk/sites/default/files/20151023_provider_guidance-housing_with_care.pdf [Accessed: 06/03/2025]
Author: Care Quality Commission, (2023), Using cameras or other recording equipment to check somebody's care [Online] Available from: https://www.cqc.org.uk/contact-us/report-concern/using-cameras-or-other-recording-equipment-check-somebodys-care [Accessed: 06/03/2025]
Author: Care Quality Commission, (2023), Regulation 10: Dignity and respect [Online] Available from: https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-10-dignity-respect [Accessed: 06/03/2025]
Author: Skills for Care, (2025), Care Certificate [Online] Available from: https://www.skillsforcare.org.uk/Learning-development/inducting-staff/care-certificate/Care-Certificate.aspx [Accessed: 06/03/2025]
Equality Impact Assessment
QCS have undertaken an equality analysis during the review of this policy. This statement is a written record that demonstrates that we have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law.
2. Scope
2.1 Roles Affected: All Staff
2.2 People Affected: Service Userss
2.3 Stakeholders Affected: Family, External health professionals, Local Authority, NHS
3. Objectives
3.1 To reinforce the requirement, in accordance with professional codes of conduct, for the need to ensure that privacy is maintained as per the Service Users's wishes.
3.2 To provide clarity and standard practice recommendations to staff to enable adherence to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (as amended): Regulation 10 by making sure that people have privacy when they need and want it.
3.3 To ensure that Service Userss', Employee and Stakeholders' Personal Data and information is treated with the same level of protection around privacy.
4. Policy
Staff will ensure that the human rights of individuals are upheld 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.
Crownwise homes will ensure assessment is person centred and reflects the wishes and preferences of Service Userss in relation to their privacy and what it means to them.
5. Procedure
5.1 Pre-assessment
The needs of the Service Users surrounding privacy will always be considered during the pre-assessment planning stage to ensure that Crownwise homes can effectively meet the person's needs. The assessment should include information about the Service Users that can be shared and with whom it can be shared. This includes the Service Users providing formal consent to share information.
Where capacity is an issue, the principles of the Mental Capacity Act 2005 and associated Best Interest will be followed. Preferred Service Users wishes must be communicated to other relevant staff. Where possible, the pre-assessment process must be completed in a private area.
5.2 Service Users Rights
Service Users choices about their privacy will be respected at all times and information will be treated in a confidential manner. Crownwise homes recognises the right of Service Userss to be left alone, undisturbed and free from intrusion and public attention. The Service Users also has a right to privacy in both their personal affairs and in relation to their belongings.
Staff will not discuss any aspect of the Service Users's care outside of the work environment. Records will be designed, used and stored in a manner which assures privacy. Records will be made available to the Service Users’s principal Care Worker and family according to the wishes of the Service Users or if information requests fulfil the legal requirements for doing so.
All personal information will be recorded, stored and disposed of in line with data protection laws. Information sharing with appropriate health professionals will be done so in line with UK GDPR and Data Protection Policies and Procedures at Crownwise homes.
5.3 Staff Expectation, Behaviour and Professionalism
- Staff will follow professional codes of conduct as well as the policies and procedures at Crownwise homes when considering privacy for Service Userss.
- Staff will only discuss Service Userss 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 Users'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 be made available to the Service Users’s principal Care Worker and family according to the wishes of the Service Users or if information requests fulfil the legal requirements for doing so.
- Staff can refer to the Record Keeping Policy and Procedure for further information and guidance.
- All personal information will be recorded, stored and disposed of in line with data protection laws.
- Information sharing with appropriate health professionals will be done so in line with UK GDPR and Data Protection Policies and Procedures at Crownwise homes.
5.5 Promoting a Private Environment
In communal settings Service Userss will be offered a safe space, such as a personal room or apartment within Crownwise homes, which will provide a private environment free from other Service Userss. All Service Userss will have access to a locked cabinet in their room, or to a locked cash box. Service Userss will always be offered privacy for personal discussions.
Temporary, removable signage will be considered as a measure of good practice, to advise people if personal care is being delivered in a Service Users's room or if the Service Users wishes to not be disturbed, such as 'Do Not Enter' or 'Personal Care In Progress'.
5.6 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. Health and safety and personal risk management will be considered and discussed. Screening and curtains will be used in shared rooms and public areas in order to ensure privacy during personal care and moving and handling.
Any personal and sensitive items (continence aids, catheters, dressings) must be kept out of public view at all times. Where clothing is removed to assist with personal care, modesty draping should always be used to respect the individual's privacy and dignity.
5.7 Safe Spaces
A safe space is an environment within the Care Plan, where Service Userss can express themselves freely, without fear of judgement or discrimination. They can enhance emotional well being and build trust.
Open and honest communication is more likely to be achieved in a safe space.
- The physical environment should be welcoming; clean, well lit, free from hazards, comfortable seating and accessible.
- Staff should be trained in active listening and offer non judgemental support.
5.8 Photography and Filming
Staff can refer to the policies available with regard to privacy and photography, filming and the use of CCTV at Crownwise homes and to relevant CQC guidance.
5.9 Breach in Privacy
- Any breach of the privacy of the Service Users will be considered a serious event. The incident will be fully investigated in accordance with local procedures. Disciplinary action will be taken where the incident is considered to have been caused with intent.
- Breaches of privacy of a serious nature will be referred to the local Safeguarding Board and a regulatory notification will be completed by Mr The manager or a delegated other who has the relevant skills, knowledge and experience.
- Any building or equipment fault which reduces the privacy of any Service Users must be reported immediately to a senior member of staff.
- Breaches of privacy will be recorded, investigated and reported. Where lessons are learned, changes are introduced to mitigate and eliminate the risk of reoccurrence.
- Where the Service Users has breached the privacy of another Service Users, Mr The manager will ensure appropriate action is taken following a review of the circumstances of the incident.
- Safeguarding policies and procedures will be followed where there are safeguarding concerns relating to privacy incidents.
5.10 Training and Education
- Privacy forms part of the Care Certificate for health care support 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.
- Privacy will form part of the supervision process agenda at Crownwise homes as well as staff and Service Users meetings in order to review practice, seek feedback and determine quality assurance.
5.11 Capacity and Privacy
The same rights of privacy apply to individuals who are assessed as lacking capacity. Therefore, staff must do the following:
- Establish any previously expressed views or wishes of the individual regarding privacy from family and others.
- Service Users behaviours must be observed 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 Users to do so (in accordance with the Mental Capacity Act) when weighing up privacy and refer to associated policies and procedures for further guidance.
6. Definitions
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.
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 and training of new care workers.
Human Rights
These basic rights are based on values like dignity, fairness, equality, respect and independence. In Britain, our human rights are protected by the Human Rights Act 1998.
7. Key Facts
7.1 Professionals
- 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 Userss are supported needs to accommodate the ability to promote privacy
- It is a fundamental right for everyone to have privacy and, as professionals, your role is to promote and adhere to this right
7.2 People Affected by The Service
- 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
- Establish any previously expressed views or wishes of the individual regarding privacy from family and others
- Service Users behaviours must be observed to identify what the preferences may be for that individual wishing to have privacy
8. Training and Education
Privacy forms part of the Care Certificate for health care support 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.
Privacy will form part of the supervision process agenda at Crownwise homes as well as staff and Service Users meetings in order to review practice, seek feedback and determine quality assurance.
9. Further Reading
- Dignity in Care - Privacy: https://www.dignityincare.org.uk/Resources/Respecting_dignity/Privacy/
- GOV.UK - UK Caldicott Guardian Council: https://www.gov.uk/government/groups/uk-caldicott-guardian-council
- Dignity in Care: The 10 Dignity Do's: https://www.dignityincare.org.uk/About/The_10_Point_Dignity_Challenge/
- SCIE: Privacy and Dignity in Care: https://www.scie.org.uk/dignity/care/privacy
10. Outstanding Practice
The wide understanding of the policy is enabled by proactive use of the QCS App. Staff follow the principles and practices of this policy.
Staff should be trained in active listening and offer non judgemental support. Open and honest communication is more likely to be achieved in a safe space.