| Policies |
|
Please see below full details of our complaints, confidentiality, equality and diversity policies. All other policies are listed at the bottom of the page and are able to be viewed by clicking on them. We are in the process of recording our key policies in audio format for improved access and in common with all pages on this website you can view them in a wide variety of lanuages.
Pentreath Ltd Equality and Diversity Mission Statement Pentreath Ltd aims to provide equality of opportunity in all aspects of our work for our employees, volunteers and clients regardless of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. Our expectation is that all individuals involved with Pentreath Ltd will treat our staff, volunteers and clients with courtesy and respect at all times. We aim to eliminate unfair discrimination and harassment in our workplaces. Abusive behaviour (insulting remarks, discriminatory comments, verbal abuse, violence, threat of violence) will not be tolerated and will always be challenged.
Should any individual behave in this manner our policy is to:
1. Ask the individual to stop the offensive remarks / behaviour immediately. 2. If it continues the individual will be asked to leave the premises. 3. The individual will then receive a letter which will end the working relationship.
OPERATIONAL POLICIES
Client Complaints Procedure
Pentreath Ltd is committed to achieving a working environment which provides equality of opportunity and freedom from unlawful discrimination on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
This policy should be read in conjunction with the Confidentiality and Disciplinary policies.
Pentreaths commitment
Types of complaints
The following list indicates examples of the type of complaint covered by this procedure:
Results of complaints
Complaints will not always produce the results preferred by the complainant. However we undertake to inform them of the results of a complaint and the reasons for it.
Anonymity
Anonymity will be maintained unless or until the Chief Executive decided it is appropriate to reveal it.
A copy of the written complaint will normally be supplied to the person who is the subject of the grievance. In general those about whom a complaint is being made have a right to know what is being claimed and who is making a complaint.
Confidentiality
It is Pentreath’s expectation that the confidentiality of the documentation generated by a complaint will be respected by all parties and stored in a secure environment. Any data which is collected regarding the complaint will be collected solely for the purpose of investigation and any outcome regarding disciplinary procedure will be held confidentially by the Human Resources Officer and protected from misuse under the provisions of the Data Protection Act 1998 (DPA) as appropriate.
The complaints procedure
Stage 1
Any complaint must be made within 3 months of the date of the alleged incident. Complaints of a minor nature should be raised with the person responsible with the aim of resolving the problem directly and informally if this is possible.
Stage 2
Where it has not been possible to resolve matters to your satisfaction under stage 1, you should write to the Chief Executive. Your complaint must be specific and comprehensively documented. You should present full details, including your name and address, any relevant documentation, dates, locations and witnesses as appropriate. You should also detail any previous unsuccessful attempts at resolution. You will receive an acknowledgement of your complaint. This will normally be within 5 working days, but there are occasions when the Chief Executive is unavailable. You will be informed if there is likely to be any delay in the process.
A meeting will be arranged between you and the Chief Executive or other appropriate persons to carry out the task on behalf of Pentreath to discuss the matter. Wherever possible the Chief Executive or delegated person will take a second party to observe the meeting. You may, if you wish, be accompanied. A written record of the meeting will be made by the Chief Executive or appointed person. The Chief Executive or appointed person, and a second party, will hold a separate meeting with the person who is the subject of the complaint, who may also be accompanied. The Chief Executive or delegated person may interview any witnesses. A written record of the meeting will be made.
The Chief Executive may delegate the task to another person in the event that he/she considers that he/she knows the other party too well and that this might compromise the impartiality of the result. Each party will be informed about the information obtained from the other party and a resolution sought. The procedure outlined in Stage 2 will normally be completed within a month.
Once the interviews have taken place a report outlining the results will be drawn up and conclusions made. The person making the complaint will be written to with the findings and what, if any, action that needs to be taken. The Chief Executive, Line Manager and/or Human Resources Officer will then address any issues with the member of staff involved.
Stage 3
If the complaint remains unresolved under stage 2 to your satisfaction, you may write to the Trustees explaining why this is so and seek an enquiry by them. A Complaints Committee will be formed from at least three of the trustees of the Company who will investigate further. They may seek further written evidence from the complainant to clarify matters. They may also decide, if in their opinion the evidence justifies it, to uphold (or not to do so) a complaint without proceeding further with investigation.
The Complaints Committee may decide to further interview the complainant and the person who is the subject of the complaint and any witnesses. The complainant may be accompanied to any further meetings. The person who is the subject of the complaint may also be accompanied. A written record will be made of the proceedings.
Pentreath will notify the complainant in writing of the decision reached and the reason for it, together with any consequent action.
External Complaints Procedure
Should your complaint be of an external nature regarding Pentreath you can contact the Primary Care Trust.
Confidentiality Policy Pentreath Ltd is committed to achieving a working environment which provides equality of opportunity and freedom from unlawful discrimination on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
Reasons for a Confidentiality Policy
This policy should be seen as an integral part of ensuring that Pentreath Ltd provides a safe environment where individuals are treated with respect. The reasons for producing this policy are:
This policy should be read in conjunction with the Data Protection, Data Security, Child Protection, Fraud & Irregularity, Safe Guarding Adults and Whistle blowing Policies.
Purpose
The purpose of this policy is to detail the basic standards that volunteers, staff and trustees should adhere to, and which can be incorporated as part of normal working practice.
Statement on Confidentiality
Pentreath Ltd offers confidentiality. Any sensitive information given will not be passed on without the client’s permission, except in very rare circumstances where this is necessary to protect a vulnerable person from harm, or to comply with the law. In such circumstances, the information will only be passed on as permitted in this policy. This must be confirmed with the Chief Executive, Data Protection Officer or Human Resources Officer. Wherever possible and appropriate the person will be informed that this action has been taken. Legal context
Implementation
Pentreath Ltd will ensure that all volunteers, staff and trustees are issued with this policy. Staff and volunteers should be aware of the contact details for the Chief Executive or Data Protection Officer to whom they should report any concerns regarding confidentiality.
This policy will be reviewed regularly.
Confidentiality in Practice
All clients are protected under the Data Protection Act 1988.
All information relating to clients, including diagnosis, treatment and past history, is strictly confidential. This information can only be shared as required to carry out our duties and responsibilities towards the well being of the client.
Confidentiality owed to a person under the age of 16 is as great as the duty owed to any other person.
Any client using our service can see a copy of the confidentiality policy upon request.
Client’s have the freedom to ask to see their file or the information held on the computerised system, the relevant staff member should organise this and answer any questions raised and explain what has been written. Access to see the information held will only be denied if it is felt that it would be harmful to the client to do so. Clients are expected to respect the rights of other clients to confidentiality and privacy particularly as regards personal information known about another client.
Information will be kept for seven years beyond the end date of each individual project. It will then be destroyed.
Permission must be gained from client’s to ensure Data Protection compliance before publishing photographs, film and written publicity material e.g. good news stories. Alternatively, fabricated good news stories may be used, but in this case details must be sufficiently disguised so that the client cannot be identified.
All client details are stored on the computer system; this must remain on the Pentreath premises in a secure office. If the details are removed from the premises the drive containing the data must be encrypted. (see ICT Policy).
Information in paper format should always be allocated a proper file. All information regarding clients (potential, current and completed) must be stored safely in a lockable filing cabinet, and whilst in vehicles, in a lockable container. A file concerning each client will be kept by the member of staff working with that client. The information recorded will be factual and where opinion is recorded it will be clear that it is opinion and what it is based on. All files must be returned after use to the lockable cabinet.
At the end of each working day or when leaving the office for a major part of the day, it is expected that members of staff will tidy their desk of papers and any files with personal information in them. This also includes having a clear computer screen. Pentreath will provide an under desk locker and/or filing cabinets for this purpose. The desk locker or filing cabinets should be locked over night. This also includes business cards, bits of paper with any personal data on it etc stuck to screens or notice boards. Where this is not possible in Administration offices the external door will be locked overnight or when the staff are absent. Tips for having a tidy desk:
For Laptops:
Business information could be of great value to competitors, in particular with regard to the financial details and information on products and processes.
“Sensitive” or “confidential” information may take many forms and should be handled with care. Therefore any financial information should not be discussed with anyone not working for Pentreath.
Financial information in paper format is kept in locked filing cabinets in the finance office. This information is only accessible by the Finance Manager and Chief Executive.
Computerised financial information is password protected and stored in a limited access area on the company server where only the Finance Manager has access.
The company safe is only accessible by a combination lock and has two key holders.
The vast majority of telephone enquiries can be treated in strict confidence. It is not necessary to inform all enquirers of the confidentiality policy as a matter of course, as to do so may be off-putting to those simply seeking information. However, should the enquirer ask about confidentiality, or indicate that they are about to disclose information of a sensitive and serious nature, they should be made aware of Pentreath’s policy statement on confidentiality.
Callers have the right to decide what information they choose to share with Pentreath.
No attempt should be made to retain an enquirers contact details other than for sending information that has been requested. As soon as the requested information is sent all identifying information must be destroyed.
Occasionally more than one person will contact Pentreath regarding a third party. This is not cause for an exception to the general principles of confidentiality set out in this policy.
Cases should not be discussed in any out-of-work context, even when the enquirer cannot be identified.
No personal details of any member of staff, client or volunteer will be disclosed without their agreement.
Pentreath Ltd will not disclose any information about individual employees or their employment to any outside individual, organisation or Company (for example, mortgage companies, GP), without the employee’s prior written consent having been received by Pentreath Ltd. Once consent has been obtained, it is the responsibility of the person passing on any information to ensure that this is only done on the terms agreed.
Verbal telephone requests for information are not acceptable. On no account should information be given out, unless the request for information is made in writing.
Staff should never divulge a colleague’s personal circumstances, including their address, future work place etc to anyone without permission of the worker.
All personnel files are stored in a locked filing cabinet and the authorised persons to access these are the Human Resources Officer and the Chief Executive.
Application forms and interview records are confidential to the organisation. They will be archived and then destroyed after one year following the successful recruitment process.
References – when seeking references and verifying identity for a new employee it is made clear to the referees that information is sought in confidence.
Appraisals – The line manager should make it clear who receives the appraisal information.
Medical records will be held on the personnel database. Copies of medical certificates and self certification forms will be placed on personnel files after action for payroll purposes.
All computerised personnel and payroll information is password protected, stored in a limited access area on the company server and is only accessible by the Human Resources Officer and Chief Executive.
Exceptions to confidentiality
The only exceptions to complete confidentiality are when:
In the case of concerns about a child or vulnerable adult in immediate danger, or a client who is in immediate danger themselves, the member of staff/volunteer must call the police by dialing 999 immediately.
In all other cases of concern about children or vulnerable adults, the staff member/volunteer must contact the local safeguarding adult’s or children's board and explain the information they have received and follow the advice they are given.
If you are unsure about phoning the authorities you can call Pentreath's Designated Safeguarding Adults/Child Protection Person who will help you decide what course of action to take. (See Safeguarding Adults Policy and Child Protection Policy for details)
Any information about any crime or criminal activity must be passed on to the police. In an emergency situation, the staff member/volunteer should contact the police and then notify the Chief Executive or Data Protection Officer as soon as possible.
In all other situations the Chief Executive or Data Protection Officer should be notified first that an outside service will be contacted, giving details of the situation without identifying information unless absolutely necessary.
The only exception will be the legitimate written requests for references for past employees, which are received from time to time.
There are some agencies who have some automatic right of access to certain parts of personnel information these include the Inland Revenue, the Child Support Agency, the Department of Social Security and the Police, in which case requests for information should be passed to the Human Resources Officer who will notify the staff member of any legal requirements whereby Pentreath is obliged to provide such information.
Unauthorised breaches of confidentiality
Any member of staff found to have breached these guidelines by communication, dissemination or solicitation of non-essential and/or identifying information about current or former staff, volunteers, clients, trustees or enquirers in any way other than authorised above shall be deemed to have performed gross misconduct and will be subject to disciplinary action, which could lead to summary dismissal - that is dismissal without notice. (See Disciplinary Policy) This policy is subject to variations from our funding partners.
Other Policies: Capability Policy and Procedure Conscientious Objections Policy Disciplinary Policy and Procedure Health and Safety for Lone Workers Policy Hours of Work and Leave Policy Religious & Cultural Observances Policy Sustainable Development Policy Termination of Employment Policy |
