The overall purpose of this policy is to ensure confidentiality in respect of all information relating to clients, management and contractors.
This policy is designed to promote clarity and transparency in what can be a complicated and/or involved immigration issues. This document is designed as a policy of what is to be achieved or adhered to, and how this is to be achieved.
IKUT’s confidentiality policies and procedures are underpinned by legislation including Article 8 of the Human Rights Act. All client information will be kept confidential except where the adviser is compelled to disclose information by reason of a legal or regulatory obligation.
The scope of this policy applies to the following areas:
the provision of immigration advice and support services;
the recruitment, employment, training, and work related activities of paid and / or voluntary staff, and IKUT’s Management;
the development of IKUT’s image and public relations;
IKUT’s contact and working relationships with other support agencies, organisations, businesses, and contractors; and
client’s support forum and all initiatives in which clients participate.
The scope of this policy covers confidential information including:
details of client’s support issues, applications information, document information, and personal contact details;
Staff and volunteer’s personal files, personal salary and expense details, supervision/appraisal/disciplinary records, job application forms and references, training records and other work related issues, home addresses and personal phone numbers; and
Paperwork, faxes, emails and details from discussions with clients from IKUT staff, management, and client meetings and other meetings that may occur.
Policy Statement:
IKUT is committed to best practices and procedure and will act responsibly and with integrity when handling personal information and data.
All clients, staff and / or volunteers will be informed of IKUT’s Confidentiality Policy at the earliest opportunity and IKUT will strive to ensure it has been clearly understood.
IKUT will only seek and keep information that is required for its client’s specific purpose and that is adequate, relevant, up-to-date, accurate, not excessive for that purpose and that it will be accessible only to those staff who need it to carry out their work for IKUT.
IKUT will ensure to keep the affairs of all its clients and all information relating to them confidential, except where IKUT is compelled to disclose information by reason of a legal or regulatory obligation.
Current and former clients, staff and/or volunteers have a right to access any file about them held by IKUT “upon request” and to correct any inaccuracy in it. Information can only be withheld from a client for the following reasons:
There is information that relates to, or is from, a third party, who has not given their consent for access to such information,
or such information that is subject to legal privilege.
Client information will be accessible upon request together with any organisational information that is not specifically confidential will also be openly available.
The administration of confidential information must only be carried out by employees and/or volunteers who are familiar with IKUT’s confidentiality policy.
What Information Is Confidential:
All staff and/or volunteers’ personal files, salary details, supervision and appraisal notes, application forms and references.
All clients, both current and former, including details of immigration support issues.
Immigration applications, interview notes and supporting information.
Home addresses and personal phone numbers of clients, staff and/or volunteers.
Procedures
Gathering of Information:
IKUT staff members are responsible for collection of relevant information on clients to assess their immigration needs and eligibility.
IKUT will only approach third parties (other agencies and/or former employees) to verify information that is relevant to:
supporting an immigration application;
supporting a staff’s job application;
supporting an application to volunteer with IKUT; and
supporting an application to join IKUT’s Management.
All applications for further information are normally made with an individual’s consent. It should be noted that if consent is denied, IKUT may not be able to progress with, for example, an immigration application, and that application may then fail.
Some personal information is kept on computer for service monitoring purposes and is covered under the Data Protection Act. IKUT staff will hold such database for this purpose so as to limit the amount of information provided only to what is needed for administrative task. Client database records and applications are also strictly confidential and are to be secured and kept out of view.
Personal information relating to clients is similarly of a highly confidential nature and is to be secured and kept out of view. This includes information relating to individual’s immigration issues.
Access to Information
Current or former clients, staff members and/or volunteers have the right to reasonable access to any file held about them by IKUT. Requests for such access should be made in writing and will be dealt with within 2 working weeks from the date of application.
Information received from or about, third parties will be kept separately within the clients, staff members and/or volunteers’ personal files. Some third parties may have specifically given the information with the proviso that it was not to be disclosed to the person it referred to, and this is to be respected.
Individuals with a right to access may request access to their files verbally. The file may be viewed once the third party’s information has been removed. If the individual wishes to have access to the third party’s information, IKUT will make contact in writing with the relevant parties and seek their permission to disclose the information.
Disclosure of Information
At the beginning of a relationship with a client, IKUT staff will explain the company's policy on confidentiality. It will be made clear that there are exclusions from the general policy of not disclosing information without the client's permission.
Information will be shared between the agency's representatives purely on a 'need to know' basis, i.e. information that is required to fulfil specific immigration requirements. As such, there will be different levels of disclosure.
In order that IKUT’s staff are fully supported and supervised, confidential information disclosed to its staff is to be shared only with the staff dealing with the client. Generally, disclosure to other persons or agencies will only be made with the informed consent of the client to whom the information relates.
If the health, safety, security or welfare of the client or others is seriously compromised, IKUT will ensure that all client information will be kept confidential except where the adviser is compelled to disclose information by reason of legal obligation.
Storage of Information
All application forms and supporting information, including former clients, where any advice or services have been provided, regardless of whether a case is seen to its conclusion will be maintained for a minimum of six years.
Computerised information on clients will be kept indefinitely as this enables IKUT to monitor its services from year to year and to identify trends. Database forms will be destroyed at year end to which they relate.
IKUT’s staff records and management information will be kept indefinitely as a management resource.
EQUAL OPPORTUNITY POLICY
Introduction
IKUT & Associates is committed to providing equal opportunities in service. IKUT does so regardless of the individual's sex, marital status, sexual preference, creed, colour, race, ethnic origin, nationality, age or disability.
This policy has been produced:
to ensure that no client receives less favourable treatment than another because of their sex, marital status, sexual preference, creed, colour, race, ethnic origin, nationality, age or disability;
to make the most effective use of providing clients with effective services;
to demonstrate our intention to be an equal opportunity service provider in order to attract, retain and motivate high calibre clients or individuals; and
in line with our principles as a company to ensure the celebration of cultural diversity and the encouragement of others who work with us to understand, support and act creatively to implement this policy.
We accept our responsibility to ensure that no client is discriminated against as defined by the provisions of the:
This policy refers to the terms detailed below and in so doing encompasses the following definitions:-
Sexual Harassment - This is unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of both women and men at work. It is distinguished from mutual, acceptable, friendly or social behaviour which may occur during contacts between people at work or during the provision of any given services.
Sexual harassment refers to behaviour which is unsolicited, repeated and personally offensive to the recipient and can also relate to unwanted sexual advances in a work related social environment.
Racial Harassment - This includes a wide range of abusive and/or threatening behaviour. It can be defined as any hostile act or expression on racial grounds by a person of one racial or ethnic origin against another, or incitement to commit such an act.
Bullying - This relates to abusive, intimidating, malicious or insulting behaviour, abuse of power, or unfair sanctions which make the recipient feel upset, threatened, humiliated or vulnerable and which undermines their self-confidence and may cause them to suffer stress.
Procedure
Any client who feels that they are unfairly treated should raise the issue through the Office of the Immigration Services Commissioner, 5th Floor, Counting House, 53 Tooley Street, London SE1 2QN Tel: 020 7211 1500. All such complaints will be treated seriously, investigated thoroughly and will be dealt with speedily and in confidence. Prior to initiating the OISC Complaint Scheme, the client may, if appropriate:-
attempt to make clear to the person(s) responsible for the unfair treatment that they regard the behaviour as unacceptable; and
this informal approach will be dealt with in total confidence, and the client will not be obliged to take the complaint further. Where appropriate, support and counselling may be provided either internally or externally, if appropriate.
If the complaint is not resolved informally, or if the unfair treatment resumes or continues, a complaint may be raised under the OISC Complaint Scheme. Clients should note that:-
where the OISC Complaint Scheme is used, they will be invited to be accompanied to any meeting by a colleague and/or outside friend if they wish;
discussions and investigations into complaints of unfair treatment will be handled with sensitivity and in confidence, with due regard for the rights of both the client who feels that they have been unfairly treated and the person(s) against whom the complaint has been made;
if the Company's investigation reveals that a complaint is valid, prompt action will be taken to stop the unfair treatment and prevent a recurrence. Such action will not be to the detriment of the client who has been the subject of the unfair treatment;
it is both unacceptable to us and illegal to victimise anyone who has made allegations of discrimination. Breaches of this policy will be dealt with through the Disciplinary Procedure.
Harassment
The Company will view any allegations of harassment very seriously and ensure that our workplace is free from intimidation. Breaches of this policy will be dealt with through the Disciplinary Procedure.
Forms of harassment may include physical contact ranging from unwanted touching to serious assault; verbal and written harassment through jokes, offensive language, gossip and slander, sectarian songs and letters, visual display of pictures, posters, graffiti and obscene gestures, isolation or non co-operation at work and exclusion from social activities, coercion ranging from pressure for sexual favours to pressure to participate in political/religious groups, intrusion by pestering, spying or being followed.
Pressure to Discriminate
It is unlawful to put pressure on others to discriminate. We will view any allegations relating to clients instructing or imposing pressure on other clients to discriminate very seriously. Breaches of this policy will be dealt with through the Disciplinary Procedure.
