Question

Read the case study, then answer the questions that follow.

Lenny recently moved into a 96-bed aged care facility in the town he has lived in for the past 20 years. The home is a non-profit organization run by one of the main church groups. Lenny has Parkinson’s disease and is happy that he is still able to move around the home in his wheelchair, mostly unassisted. After Lenny settles in, the lifestyle coordinator meets him to develop a lifestyle activities plan. The coordinator finds out that Lenny is a practicing Buddhist and has enjoyed a long relationship with the local Buddhist community.

The coordinator gives Lenny an outline of the facility’s programs that are run throughout the month. She invites Lenny to join in as she can organize a worker to help Lenny to get to the various rooms where the activities and programs are held. A few of the program's centers on the chaplain’s programs. Lenny explains that he is not interested in attending those activities and asks what activities are in place for Buddhists. The coordinator says Lenny is only one of three residents who follows a Buddhist faith and given the organization was initiated by the church; they do not offer anything other than the programs that are currently run. Lenny tells the coordinator that he would like his information to remain private.

The next day, Lenny is having lunch in the dining room when a personal care assistant asks him to come to the church program, explaining it is not a religious service but more a discussion group. The worker then states that she knows Lenny is not religious, but she thinks he may enjoy the activity. Lenny feels embarrassed as others in the dining room overhear the conversation. He leaves the table and decides to have his evening meal in his room that night.

Question

1. Does the service have a legal responsibility to develop an individualized plan? If yes, why? If no – why not? (Approx. 30 words).

2. What organizational policies and procedures have been breached and how? (Approx. 30 words).

3. Has there been a breach of duty of care towards Lenny? (Approx. 30 words).

4. What human rights does Lenny’s have regarding this situation? (Approx. 60 words).

Answer 1

1.

A Local Coordinator is available to support the person with disability to develop their individual plan. This support can include providing tailored information and advice about different opportunities, supporting the person to outline their personal goals and investigating strategies that may assist them to achieve their goals.

2.

confidentiality have been breached.

A breach of confidentiality occurs when data or information provided in confidence to you by a client is disclosed to a third party without your client's consent. While most confidentiality breaches are unintentional, clients can still suffer financial losses as a result. The principle of confidentiality is about privacy and respecting someone’s wishes. It means that professionals shouldn’t share personal details about someone with others, unless that person has said they can or it’s absolutely necessary. ‘Professionals’ in this context includes people like doctors, nurses, social workers, support workers, and employers.

In a health and social care setting, confidentiality means that the practitioner should keep a confidence between themselves and the patient, as part of good care practice. This means that the practitioner shouldn’t tell anyone what a patient has said and their details, other than those who need to know. This also includes not showing anyone – again, other than those who need to know – an individual’s personal notes or computer records.

3.

yes the confidentiality is breached.

Respect for confidentiality is important to safeguard the well-being of patients and ensure the confidence of society in the doctor-patient relationship. Health information is not only based on objective observations, diagnoses, and test results, but also subjective impressions about the patient, their lifestyle, habits, and recreational activities. The improper disclosure of such highly sensitive information could harm patients’ reputation or result in lost opportunities, financial commitments, and even personal humiliation . This obligation is stringent but not unlimited. In fact, there are two general exceptions where it is necessary to question whether or not to maintain confidentiality: when the safety of others or public health is threatened

4.

The Common Law of Confidentiality

The principle of confidentiality is broadly taken from common law, which is why it’s called a common law duty of confidentiality. Confidentiality is important for encouraging people to come forward with issues and concerns.

However, there are certain offences and provisions where the duty of confidentiality is overridden. For example, if a girl has been a victim to Female Genital Mutilation (FGM), then this is a criminal offence and the appropriate authorities need to know. Additionally, if there is a serious safeguarding concern and somebody is at risk, then you have a duty to share this information to keep people safe.

The Human Rights Act 1998

The Human Rights Act gives every individual the right to respect for their private and family life. This includes having any personal information held in confidence. This right, however, is not absolute and can be overridden if necessary, such as for a safeguarding concern.

The Care Act 2014

This Act encourages caregivers to take a person-centred approach when safeguarding vulnerable adults. It also sets out a new way of thinking in relation to adult social care by explaining the importance of sharing information at early stages so that people stay safe.