Confidentiality in the Healing Process
How can I be assured that my personal data will be handled in a confidential manner as I progress through the Healing Process?
During the co-production process it was accepted by all parties that confidentiality is a significant part of the Healing Process and important for providing confidence in the process to support those who may choose to register. Full details are provided below with regard to the access to named and identifiable data at every stage of the process which we hope will provide reassurance to individuals that every provision has been made to protect named data up to and including consideration of the Independent Review Panel recommendations by the Remuneration Committee of NHS Highland Board. No named or identifiable data will be provided to NHS Highland until after a final decision is made in respect of an individual recommendation. This becomes necessary at this stage in order for that individual recommendation to be progressed and processed.
We do hope that this information will reassure anyone considering registering in the process, those who are already registered within the process and also anyone who may be considering withdrawing from the process not doing so and remaining within it.
NHS HIGHLAND HEALING PROCESS CONFIDENTIALITY PROVISIONS
|STAGE OF THE PROCESS||INFORMATION HANDLED BY|
|1. HOLISTIC OVERALL HEALING PROCESS PROVISION||This is covered by the overarching Privacy Statement which is available on the Healing Process website which describes how the individual data obtained at each level of the process will be dealt with not only by NHS Highland Board but also the Independent Provider’s with whom individuals will come into contact throughout the process.|
|2. 121 Session with CMP||CMP staff will handle individual’s information in line with their normal confidentiality provisions. Named information will be shared with IRP Panel members (subject to any conflicts of interest) only if an individual chooses to go to an IRP as this is required in order to organise the relevant panel attendance.|
|3. Support from Validium||Validium staff will handle individual’s information in line with their normal confidentiality provisions. No individual’s details will be shared with any other individual.|
|4. Attendance at IRP||As stated at 2 above named information will be shared with members of the IRP and Shepherd and Wedderburn for the purpose of setting up and administering the secure data room. If an individual submits a personal statement and/or supporting information this will be held in the confidential data room which is administered by Shepherd and Wedderburn. The individual and any other individual whom the individual has requested access (including their companion if they have one or CMP practitioner in circumstances where the individual has requested CMP assistance in adding documents to the data room) will be the only people along with members of the IRP and a restricted group within Shepherd and Wedderburn as administrators who will have access to that data.|
|5. IRP Recommendations:||The first step is that recommendations are considered on a no-names and non-identifiable basis in order for proposed outcomes to be agreed. The IRP recommendations are supplied to the Chief Executive to a file within the secure Data Room that only he/she from NHS Highland (Shepherd and Wedderburn as administrators and the independent HR lead for the Healing Process) can access on a standard template for consideration on a no-named and non-identifiable basis (redacted as necessary). They will be presented to the Remuneration Committee on a no-named and non-identifiable basis. The minute of the Remuneration Committee will be presented to the “in committee” session of the Board for noting again on a no-named and non-identifiable basis. Therefore, there is no named or identifiable information involved up to and including the Remuneration Committee and noting by the Board in terms of any decision making process involving an individual. Given the recommendations being made there will be a need, following their consideration as explained above, for personal details (including name and identifiable information) to be known in order to progress the recommendations/outcomes and provide the individual with confirmation of the outcome as described below. Note that any sharing on a named/identifiable basis as explained below only takes place after the step 1 consideration explained above.|
|A) Apology||After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, any apology wording will be finalised. The apology will be from the Chief Executive who will be provided with the name and contact details for the individual, and any previously redacted information, in order for this recommendation to be considered and any outcome to be progressed and communicated to the individual.|
|B) Organisational Learning (requested by individual)||After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, the Chief Executive will be provided with the name and contact details for the individual, and any previously redacted information, in order for this outcome to be communicated to the individual. NHSH will maintain a record of all IRP recommendations for Organisational Learnings and provide a public quarterly status update in the 24 months after the Healing Process closes on actions taken in response to such recommendations. Any details included within the recommendations which may potentially identify any individual will be redacted prior to being shared with the Board for the purpose of monitoring organisational learnings.|
|C) Provision of Psychological Therapies – Validium||The name and contact details of the individual will not be shared with the Chief Executive or the NHSH Board in order for this recommendation to be considered and any outcome to be progressed. The name and case number will be passed back to CMP in order to complete the referral to Validium. Validium staff will handle individual’s information in line with their normal confidentiality provisions. No individual’s details will be shared with any other individual. Information about recommendation for provision of psychological therapies will be removed from the recommendation form provided to the Chief Executive (both redacted and un-redacted) and as such, the Chief Executive’s outcome letter will not refer to any specific outcome for psychological therapy.|
|D) Financial Payment||As stated above this recommendation will be supplied to the Chief Executive for consideration on a no-named and non-identifiable basis (save in exceptional circumstances where the payment proposed is in excess of level 5) in order for this recommendation to be considered and any outcome proposed. The proposed outcome will be presented to the Remuneration Committee on a no-named and non-identifiable basis. The minute of the Remuneration Committee will be presented to the “in committee” session of the Board for noting again on a no-named and non-identifiable basis. Exceptional circumstances include where the recommendation is for a sum in excess of £95,000 which will also involve details to be shared with Scottish Government in line with the normal requirements for payments above this level. After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, in all cases, once the proposed outcome has been determined, the arrangements for any financial payment will require to be in accordance with the provisions and the Corporate and Financial Governance reporting requirements of NHS Highland. It will be necessary to share name and contact details with a limited group within NHSH/CLO (which will include the Chief Executive as Accountable Officer) in order to carry out the required eligibility check and to be able to progress the recommendation, this will be the Deputy Director of Human Resources, the Deputy Director of Finance and someone from the NHS Scotland Central Legal Office. Any other individuals involved in processing or reconciling payments will not be made aware of the reason for the payment. an; a check will also be carried out that there are no current or previous claims that require to be taken into account with regard to any recommendation for the purposes of offsetting/tax: for forwarding any payment agreed to the correct individual. The Chief Executive will be responsible for delivering the outcome letter to the individual and will therefore be aware of the individual’s name and any previously redacted identifiable information at that stage for the purpose of issuing the letter – that is, after the outcome decision has been made. As explained above the Chief Executive, Remuneration Committee will only have access to information on a no-named and non-identifiable basis at the point of considering the recommendation and determining the outcome).|
|E) Re-Instatement/Re-Engagement/Redeployment||After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, the name and contact details (and any previously redacted information) will then be shared with the Chief Executive. If approved in principle it will be necessary to share named and contact details in order to progress any of these recommendations. This would be with HR staff and also relevant line managers as appropriate. If the Re-Instatement/Re-Engagement/Redeployment is finalised then the NHSH Board may become aware of this as a result of the individual’s employment relationship with NHSH.|
|F) Referral to Extant Process||After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, the name and contact details will be shared with the Chief Executive. If approved, the matter will be passed to the Director of Human Resources and Organisational Development on a named basis and managed by NHSH HR in accordance with the relevant procedure. While the NHSH Board will not be provided with the names of individuals, where the IRP recommendation is referral to another process, by their nature these are processes that will be managed by NHSH HR and as such, the individual’s name will be known to the relevant individuals in a line management capacity and also the NHSH HR team and otherwise in accordance with the relevant process and the usual confidentiality provisions contained therein.|
|G) No outcome recommended/comments any outcome requested by not recommended||Where the panel recommends no outcome, or decides not to make a recommendation for a particular outcome which has been requested by the individual, an explanation for their decision will be provided by the panel in the recommendation form. After stage 1 of the process explained above has taken place on a no-names and non-identifiable basis, the Chief Executive will be provided with the name and contact details for the individual, and any previously redacted information, in order for this outcome to be communicated to the individual.Even in cases where the decision is “no outcome” or that an outcome has been requested but not recommended, this will still be communicated to the individual via an outcome letter.|
|Outcome of Healing Process||A letter will be issued by the Chief Executive to the individual to confirm the outcome of the Healing Process therefore the Chief Executive will need to know their name and contact details. In addition, in order to carry out the required eligibility check as described above named details will require to be known by the Chief Executive as Accountable Officer) in order to check both within NHSH by the Deputy Director of Human Resources within HR, Central Legal Office and two senior posts within Finance including general Finance and Payroll that the eligibility provisions are complied with; and where applicable for outcomes of financial payment: that there are no current or previous claims that require to be taken into account with regard to any recommendation for the purposes of offsetting; for tax purposes; and for forwarding any payment agreed to the correct individual. As stated previously the Chief Executive will only have access to the individual’s name after that proposed outcome has been confirmed – the Chief Executive will not have access to the individuals name or any identifiable information at the stage of determining the outcome. Nor will the Chief Executive ever have access to named or identifiable information about recommendations for Psychological Therapies at any time.|
|Scottish Government Reporting Arrangements||As the Healing Process was agreed by both NHSH Board and Scottish Government it will be necessary to share on a no-named non individualised basis data with Scottish Government colleagues in respect of the outcomes of the Healing Process. It may be necessary to share additional information in exceptional circumstances, which may include where the recommendation is for a sum in excess of £95,000. In order to comply with the normal governance provisions between NHS Boards and Scottish Government it will be necessary to supply anonymous details confirming the level of payment made both Gross and Nett (this is in line with the normal financial detail required by the relevant national DL) with which all Boards are required to comply)|
|IRP Final (and if applicable interim) Report on Themes||The IRP will be capture broad themes and learnings. These will be included within a report prepared by the IRP for consideration by the Chief Executive as appropriate. They will not be identifiable to an individual and any details included within the recommendation which may identify any individual will be redacted prior to being shared with the NHSH Board for the purpose of monitoring organisational learnings.|