To prepare for this assessment criterion, you will be required to lead practice in which various legal and ethical conflicts are addressed. This practice activity will allow you to demonstrate your ability to apply knowledge and understanding of confidentiality, data protection, information sharing (and data matching), with the relevant legislation or standards.
The importance of confidentiality and the circumstances that may lead to information being shared that would normally be considered confidential has been examined. We will now look at some other dilemmas in working practice as well as things youíll need to consider when dealing with them.
Some relatives expect to be provided with information that the person has not given consent for. They may be entitled to this under data protection legislation, but it is important to remember that we have a duty of care to consider if providing such information would be beneficial and in the best interest of our service users. If we can see potential risk or harm as a result of disclosing the information, we have a duty to consider their wishes and whether it is in their best interests to provide the information requested. In other cases, where consent has been given for disclosure, relatives can also check with other people who are affected by this if they believe that the relative should not have been given specific information at all.
When an individual has given consent to share their information with names individual, this should be recorded and stored securely so that they can access it. It may sound more practical than seeking permission each time a family member requests data from you in the future since thereís no need on your end. However, it must be remembered that any information shared with this person is not to be used for anything other than the reason given for sharing in the first place. If youíre unsure about whether to share personal details over the phone, discuss your concerns with another senior member of staff and seek advice from your line manager if possible.
If an individual does not give their consent, then a relative should respect that personís privacy. It is important to be empathetic and understanding in communication when explaining the reasons why information may not be disclosed without permission from them first; this can result in feelings of anger or sadness for relatives who want answers about what happened before they were gone too soon. However, it is also important that we respect confidentiality and the personís rights and wishes as well as those of their next of kin.
It is important that staff members understand their obligations in regards to sharing information with relatives. They may approach you for support when they have such a dilemma, and you will be required to advise them how best to handle the situation and what measures could be taken to achieve a positive outcome.
As a leader, you must have the ability to understand how people with different levels of mental capacity are impacted by their environment. Thorough knowledge on this legislation can be obtained through reading the Mental Capacity Act 2005 Code Of Practice which will provide insight into addressing these issues in care settings or any other setting where individuals may interact socially.
It is important to assume that individuals have the capacity unless it can be shown otherwise. To possess this level of understanding, they must also be able to understand the information given to them and retain enough for an informed decision-making process; furthermore, communication skills are necessary in order to put your choices into action.
If capacity is reduced, then this could mean that they are unable to understand or retain information as well as usual. This would then impact their ability to make decisions and the extent of any decision-making capacity they have left. It is important for staff members to recognize when someoneís capacity has been affected so that needs can be addressed accordingly.
When an individualís mental capacity is assessed and it has been determined that they do not possess the necessary ability, any decisions made on behalf of them should be in their best interest. A lasting power of attorney may also need to appoint a representative for decision making if this person cannot make these important choices themselves anymore because at some point we all lose our freedom despite how hard life tries especially when illness strikes.