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Contents

1. Context
2. Scope
3. Procedure

1. Context

The Children Act 1989 and the National Minimum Standards for Children's Homes 2011 both place particular emphasis on the need for children and young people to have their privacy and confidentiality respected.

This chapter should be read in conjunction with Children’s Social Care, Policies, Values and Principles.

Regulation 22 of the Children’s Homes Regulations, 2001 highlights the use of surveillance - it makes clear that they are not to be used in a children’s home, except for the purpose of safeguarding and promoting the welfare of the child concerned, or other children accommodated in the children’s home, and where certain conditions are met.

Clearly there are times when it is in the young person’s welfare interests to share confidential information between staff and colleagues. Also there may be times when, in order to keep young people safe, their privacy may have to be compromised. Both of these areas must be approached in sensitive, respectful and transparent ways.

2. Scope

Issues of privacy and confidentiality overlap into some areas that are already covered within this manual and it is therefore important to refer to these when addressing this issue. In particular see:

• Values:  Confidentiality Policy, Values and Principles;
• Looked After Children: Privacy and Personal Care.

This procedure will specifically address the following areas:

• Practical details about the way in which young people’s bedrooms are entered;
• Entry and interruptions without permission in the event of an emergency or where young people are considered to be at risk;
• Showering and bathing arrangements and use of toilets;
• Personal care matters such as menstruation and clothes washing;
• Young people’s access to making private telephone calls;
• Gender issues in the personal care of young people of the opposite sex to staff;
• Any use of electrical devices within the homes’ environment.

3. Procedure

All staff in ways, which are consistent with ‘good parenting’ and the need to provide safety and protection, should respect young people’s need for privacy and confidentiality.

Each young person’s individual needs and wishes, with regard to issues of privacy and confidentiality, should be taken into account with their individual Care Plan and Placement Plan and thus recorded within the plans. In this way issues that are already known about, for example drug use or self-harm, can be talked about with the young person and action plans can be negotiated and agreed.

Young people need be made aware that there are boundaries to privacy and confidentiality, with respect to welfare and protection. It is best to raise this before particular issues present themselves.

If staff do have to breach young people’s privacy and confidentiality, these instances must be clearly explained within the appropriate recording systems of the home.

As a general rule, young people’s bedrooms should be regarded as their own private space and as such staff should ask permission from young people before entering. If a young person is already in their bedroom, staff should knock before entering. If staff need to go into bedrooms when a young person is not already in their room, staff should ask beforehand.

In particular circumstances, for instance where a young person is believed to be at risk and/or engaging in unsafe behaviour, staff may need to gain entry into bedrooms quickly and without gaining permission beforehand. In these situations staff need to quickly weigh up risks and take appropriate action. In such instances the paramount concern should be the welfare of the young person/people.

Young people should be able to bathe, shower and use the toilet in private. Staff should only enter bathrooms when in use by young people, in situations where safeguarding and welfare issues dictate the need.

In instances where a younger child requires assistance with bathing this should be provided in a sensitive manner. Even very young children should be enabled to express their wishes with regard to how they receive help with their personal care.

Staff should be particular aware and sensitive to the privacy needs of teenage young people in relation to physical, emotional and sexual maturation processes for young women and young men. For instance, sensitive and thoughtful arrangements should be in place to provide for teenage girls when they are menstruating. Both boys and girls should be allowed and actively encouraged to take responsibility for washing their own clothes. Staff need to be sensitive to young people requiring privacy with respect to washing their underwear.

Each home should have a young people’s telephone that enables them to make telephone calls in private.

If there are any restrictions on which a young person can have communication with, this must have been agreed within the Placement and Care Plan and also agreement gained, when appropriate, from the young person’s parent or person with Parental Responsibility.

Searching young people’s possessions is a very serious infringement of personal liberty. As a general rule, staff should not engage in any searches of personal possessions unless the young person gives their permission to do so.

In exceptional circumstances, such as where the safety of the young person or others is seriously compromised, there may be a need to search and retrieve a dangerous implement without the young person’s permission.

In these exceptional circumstances staff on duty should 1) agree a course of action and this should include the reason why such action is necessary; 2) whenever possible, seek permission for taking such action from the Children’s Homes Manager or Assistant Manager; 3) record the decision, the reasons why and the action taken.    

Staff need to give due consideration and be particular aware of the sensitive issues relating to privacy within the home. The use of any electronic devices needs to safeguard and clearly promote the welfare of the child or young person. Examples of these although not exclusive are door sensors / alarms, sound monitors and external CCTV.

Any use of door sensors / alarms and sound monitors need to be clearly identified in the Homes Statement of Purpose. Individual use of these devices must have been agreed within the Placement Plan and Care Plan and also agreement gained, when appropriate, from the child or young person, the young person’s parent or person with Parental Responsibility. This should be done through Planning Meetings, introductory visits, the admissions process, key worker sessions and the Looked After Review, when this should be regularly reviewed.

Any identified use of electronic devices needs to be clearly recorded in the individual child’s Risk Assessment, clearly identifying the strategies in place and the positive outcomes that will result from this practice. This process will be regularly reviewed (minimum every six months). Without a clear assessed risk, these methods will not be used.

Use of external CCTV surveillance can be used to safeguard and promote the welfare children and young people resident in the home; this would mainly deal with potential external threat. There must be clear signs indicating the use of CCTV and whenever appropriate each child or young person or young person’s parent or person with Parental Responsibility being informed of the use of this equipment.

Use of CCTV surveillance will not be used within the children’s homes building.

Electronic monitoring, or tagging as it is known which is covered in Section 131 of the Criminal Justice and Police Act 2001, is dealt with under the Electronic Monitoring Policy (see Electronic Monitoring (Tagging of Children and Young People) Procedure.

End