29
Consent for the use of person-identifiable images and information in Trust promotional and training materials Including consent for the use of service user artwork and written materials Ref CORP-0010-001-v3 Status: Approved Document type: Procedure

Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Consent for the use of person-identifiable images and information in Trust promotional and training materials Including consent for the use of service user artwork and written materials

Ref CORP-0010-001-v3

Status: Approved Document type: Procedure

Page 2: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 2 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Contents 1 Introduction ....................................................................................................................... 3 2 Purpose ............................................................................................................................. 3 3 Scope ................................................................................................................................. 3 3.1 Who this procedure applies to .............................................................................................. 3 3.2 What this procedure applies to ............................................................................................. 3 3.3 Out of scope ........................................................................................................................ 4 4 Related documents ........................................................................................................... 4 5 Consent, confidentiality and privacy ............................................................................... 4 5.1 Principles of informed consent ............................................................................................. 5 5.2 Withdrawing consent ............................................................................................................ 5 6 Consent Procedure ........................................................................................................... 6 6.1 Overarching process ............................................................................................................ 6 6.2 Developing an information sheet .......................................................................................... 6 6.3 Steps in the process ............................................................................................................ 8 6.4 Images/photography ............................................................................................................ 9 6.5 Written information and artwork ........................................................................................... 9 6.6 Audio recordings .................................................................................................................. 9 6.7 Video recordings .................................................................................................................. 9 6.8 Trust public events…………………………………………………………………………………..9 7 Roles and Responsibilities ............................................................................................ 10 8 Definitions ....................................................................................................................... 10 Appendices ............................................................................................................................... 11 Appendix 1 - Information for service users, experts by experience and carers sharing information

for trust promotional purposes ........................................................................................... 11 Frequently asked questions ............................................................................................... 12

Appendix 2 - Information sheet guidance .................................................................................... 13 Appendix 3 – Example information sheet .................................................................................... 14 Appendix 4 – Consent form (photographs) .................................................................................. 17 Appendix 5 – Consent form (written and art work) ....................................................................... 18 Appendix 6 – Consent form (audio recordings) ........................................................................... 20 Appendix 7 - Guidelines for developing role play material ........................................................... 23 Appendix 8 – Consent form (video recordings) ........................................................................... 24 Appendix 9 - Poster for display when taking photos/filming at public events……………………....27 9 Document control ......................................................................................................... 289

Page 3: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 3 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

1 Introduction There is a growing acknowledgement of the value of incorporating the views and experience of individuals with lived experience into the design and delivery of training, information and promotional materials within the Trust. In doing so it is important that we ensure processes are in place to respect the privacy and support the wellbeing of individuals taking part. .

Where possible it is preferable, and beneficial to the quality of the co-produced material / training and the personal development of those participating, to have people contributing in person. Before following this procedure always consider whether the involvement of lived experience in person can be facilitated. If guidance is required you can contact the Recovery programme team

2 Purpose Following this procedure will help the Trust to:-

• Ensure that service users/experts by experience, carers and, in some situations, staff give informed consent for the use of their photographs, written, audio and film and other person-identifiable information in Trust information and promotional and training materials.

• Ensure that Trust staff follow the correct procedure for both obtaining and recording informed consent.

• Ensure the correct procedure is followed when taking photographs or videos at public events.

3 Scope

3.1 Who this procedure applies to This procedure applies to staff wanting to:

• use person-identifiable images or information in promotional or training materials • display or photograph written work or artwork created by service users • take photographs or videos at public events held by the Trust

3.2 What this procedure applies to Promotional material and information could include any or all of the following:

• the media (newspapers, radio, TV and their websites) • the Trust’s website • the Trust’s printed publications – eg newsletters, posters, leaflets • social media (eg Facebook, Twitter and YouTube) • the Trust’s intranet • Trust public events

Page 4: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 4 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

• Displays of service user artwork or written materials, either within Trust properties or at an external venue

Training materials could include:

• E-learning materials • Video role play • Other written or filmed training materials; • Personal contributions for the Virtual Recovery College (public facing website).

3.3 Out of scope This procedure does not apply to:-

• Staff providing their image or information in relation to their professional capacity; • The use of visual and audio recordings within clinical procedures.

4 Related documents This procedure describes what you need to do to implement Section 4 of the Confidentiality and Sharing Information Policy [ref CORP-0010]

The Confidentiality and Sharing Information Policy defines the principles which you must read and understand before carrying out the procedures described in this document.

For editable forms and further information, refer to the Trust’s intranet For clinical procedures, refer to Use of visual and audio recordings in clinical procedures.

5 Consent, confidentiality and privacy Our service users/experts by experience and carers have a right to confidentiality and privacy and we need to respect and protect that right at all times. These rights also extend to staff when what is being revealed could be considered part of their private rather than professional sphere, or where it would make apparent/draw upon their experience as a service user, expert by experience and/or carer. This means making sure we have their written informed consent to use:

• photographs • written work / artwork / stories / personal accounts • audio • film • other person-identifiable information such as attributable quotes in Trust promotional

material, information or training materials.

Page 5: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 5 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Informed consent must be given to use person-identifiable images or information in all types of promotional/ training materials and mechanisms before they are taken/ released.

Ownership of any artwork or written work created by our service users or anyone not employed by the Trust (either directly or indirectly) lies with the originator. Informed consent must be given to display or photograph their work.

It is permissible to take photos of the public in public places with obtaining individual written consent. However, if photographs and/or videos are being taken at Trust public events, attendees should be notified this is occurring and how the images will be used (see section 6.8, Trust public events).

5.1 Principles of informed consent The key principles of informed consent for using personal identifiable information / images are:

• Providing individuals with all the information and support they need to help them understand what is being asked for.

o The individual needs to have capacity to consent o The information needs to be clear, specific and in accessible language o The persons understanding of the information should be confirmed

• Giving individuals the opportunity to ask questions; • Providing explicit information on how and where it will be used; • Being explicit about rights to withdraw and restrictions in this area; • Supporting the individual to think about the personal implications of giving consent for their

personal information to be used; • Ensuring that the individual is happy to proceed before written consent takes place.

Different levels of personal disclosure require different levels of diligence in supporting people through the process.

Service users, carers and experts by experience must be given:

• enough time to read the accompanying information leaflet; • the opportunity to ask questions; and • enough time to decide if they wish to be involved.

5.2 Withdrawing consent From the point an individual withdraws consent, the Trust will attempt to remove and recall their information. The ability to achieve this will vary depending on the format in which the information is

Page 6: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 6 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

being shared. For instance it is more likely that we can remove face-to-face training material used by one central team compared with being able to recall e-learning training discs Trustwide.

If a service user/carer is unsure whether to give consent or has questions about how their information will be used, discuss this with them. The information leaflet provided outlines the restrictions around the right to withdraw. For advice or guidance, contact the Trust’s communications or information governance department.

6 Consent Procedure

6.1 Overarching process

• If people are giving consent for more than one type of media e.g. a photo and some audio, choose the consent form for the media type which is nearest the right in the table below. I.e. for a photo and some audio use the audio consent form.

Avoid the accidental photographing/filming of subjects who have not given their consent. Destroy any images which have been inadvertently recorded.

Before taking the photograph or audio/visual recording, or producing the written piece, check the names of those involved against the consent forms and ask them to confirm they are still happy to take part.

It may be possible to use photographs of service users or carers where a person is not identifiable (e.g. photos taken of the back of people) but care must be taken. Consider whether the individual is identifiable by other personal features or by their voice. If in doubt, seek consent.

6.2 Developing an information sheet Any staff member or department wanting to use person identifiable images or recordings should develop an information sheet. The information sheet discusses: • the details of the project or piece of work people are being asked to contribute to • what the Trust is asking for from the service users / experts by experience / carers,

Regardless of the format in which information is shared, the Trust can never 100% guarantee:

• That information will not reach the public domain; • The removal of all instances of the image, written, audio or video information.

Once a photo, film or other information has been posted on the internet, it’s available for everyone to see and share and, in the case of social media, is almost impossible to remove. It is an important part of the consent process that individuals understand this.

Page 7: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 7 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

• the process of developing the materials in which their image/recording will be used, and • what they can / should not expect from us. Appendix 1 is a standard information sheet which can be used for providing information for promotional materials used by the communications department. Appendix 2 gives guidance on developing an information sheet for more detailed specific pieces of work. Appendix 3 gives an example of an information sheet.

Page 8: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 8 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

6.3 Steps in the process Steps in the process Photograph Written / art

work Audio Film

1. Give the person an information sheet about your work and how you want them to be involved in it.

2. Allow the person an opportunity to ask questions and have an appropriate amount of time to consider if they wish to participate

3. Get signed consent to create the information / image / audio using the relevant consent form.

With a photo all stages may happen at the same time, so consent is only taken once, before the photo is taken.

Initial consent is

implicit when an article is written and

submitted or a person is interviewed.

4. Allow a gap in time before the next stage for the person to prepare for storytelling or role play and to withdraw if uncomfortable

5. Create the information / image / audio.

You will only create written information eg if it’s an interview, otherwise the person will submit their own text.

6. Debrief ?

Often not required but where the material is more personal this should be offered

Debrief when relevant to nature of audio produced.

De-rolling and debrief needed when role play is filmed. Debrief needed when personal stories are filmed. See appendix 7 for guidance.

7. Give the individual an opportunity to review the content of the information.

Review only needed when work isn’t written by the individual, or edits have been made to original text.

8. Gap to consider if happy to go ahead when required

9. Get signed consent to use the information / image / audio.

File the consent form securely.

All consent forms are in the appendices of this procedure.

Page 9: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 9 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

6.4 Images/photography For the consent form when using images and photographs, see Appendix 4.

6.5 Written information and artwork For the consent form when using written information, e.g. news articles and personal stories, see Appendix 5.

6.6 Audio recordings For the consent form when using film and audio recordings, see Appendix 6.

6.7 Video recordings Video recordings could include people directly talking about their experiences or individuals taking part in role play scenarios. When creating a role play video, give careful consideration to the process for producing this. For guidance on the development of role play material, see Appendix 7 For the consent form when using film and audio recordings, see Appendix 8.

6.8 Trust public events It is permissible to take photos at public events without obtaining written or verbal consent from each individual. However, it is necessary to ensure the people present are aware that the event is being recorded and how the images will be used. People must also be given the option not to be photographed or filmed if they don’t want to be. This can be achieved by:

• Displaying a poster in a prominent position from the start of the event (ie, before any photographs are taken), advising people of the above see appendix 9)

• In addition, if there is some form of presentation, ensuring the presenter advises people of the above.

People have the right to state they do not wish to be photographed/filmed. The poster and any verbal information given must include instructions on how they should make it known if this is the case, which would normally be to notify the event staff. An example is included in the poster at appendix 9).

Page 10: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 10 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

7 Roles and Responsibilities Role Responsibility Promoter (could also be the lead / delegated staff member)

• To develop an information sheet defining the context in which the image or information will be used, e.g. what the promotion or training is about, who will be involved, etc.; See appendix 2 for guidance in producing this.

• To adapt the consent template to the specific needs for the intended material.

Lead/delegated staff member (may also be the promoter)

• To provide information to and discuss with the individual the proposed use of their image/information

• To give the individual enough information and time to allow them to reach an informed decision whether or not to consent to the intended use of their image/information;

• To give the individual the opportunity to ask questions about the proposed use of their image/information;

• Obtain written consent of the individual.

8 Definitions Term Definition Promoter The staff member who is intending to use personal identifiable images

and/or information in promotional or training materials.

Consent Consent is an act of reason; the person giving consent must be of sufficient mental capacity and be in possession of all essential information in order to give valid consent.

Implied consent The granting of permission without a formal agreement. Within the scope of this procedure, implied consent is not acceptable as it does not evidence the knowledge and understanding of the individual.

Informed consent The essential criteria of informed consent are that: • the subject has both knowledge and comprehension; • consent is freely given without duress or undue influence; and • the right of withdrawal at any time is clearly communicated.

See Principles of Informed Consent.

Page 11: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 11 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendices Appendix 1 - Information for service users, experts by experience and carers sharing information for trust promotional purposes Sometimes we ask service users and carers to help us

• raise awareness about mental health and learning disability issues • tackle the stigma that’s associated with mental ill health and learning disabilities • promote and raise awareness about our services.

This might involve asking you to be photographed, to take part in a film or be interviewed. We really appreciate your willingness to help. We also respect your privacy and your right to confidentiality and would not use any image or information that would identify you without your written consent. How will we use your image/ information? If you give us your written consent for you information to be used in trust promotional materials, we cannot contain the use of this information to one aspect of promotional material. Providing consent therefore means you’re happy to be identified in all our promotional material in any or all of the following:

• the media (local and national newspapers, radio, TV and their websites) • the Trust’s website (www.tewv.nhs.uk) • the Trust’s magazine (Insight) • posters and leaflets • social media (e.g. Facebook, twitter and YouTube) • the Trust’s intranet (for staff)

What happens if I want to withdraw my information at a later date? You have the right to withdraw your consent in future, in which case the Trust will do its utmost to remove your information from wherever it has been published / used within a reasonable timeframe. However, the Trust cannot guarantee the removal of information or images. In addition the Trust cannot be held responsible for what other people might do with information or images released. . It’s important to remember that once a photo, film or other information has been posted on the internet it’s available for everyone to see and share and, in the case of social media, is almost impossible to remove. Invitation to consider involvement Unfortunately, people are sometimes stigmatised and discriminated against because of their mental health experiences. Individuals who have shared their experiences publically have recommended that you consider the possible negative impact of sharing your personal information. Examples

Page 12: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 12 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

include searching for future work, possible stigma and discrimination, stigma by association towards your children (or future children) and on your applications for benefits where relevant. Who can I contact if I have any further questions? If you’re unsure about whether to give your consent or have any questions about how your information will be used please discuss this with the person who has given you this leaflet. You can also contact the Trust’s communications team on 01325 552223 or [email protected] . We understand if you do not wish to give your consent.

Frequently asked questions Can I give my permission for you to use my photo in the Trust’s magazine but nothing else? Unfortunately that isn’t possible. It’s very difficult to restrict the use of photographs, particularly once they appear on the internet (the magazine is posted on our website). If you’re worried about your photo appearing in certain places, then we would advise you not to give consent. I’m happy to be filmed or have my photo taken but don’t wish to be named. Is this possible? It may depend on the purpose of the photo or film but this might be possible – please ask the person who has given you this leaflet. However, it’s important to remember that people may recognise you, even if you’re not named. If I’m interviewed by the media (newspaper, radio or TV) can I check it before its transmitted? Unfortunately, it’s very unlikely that the media will let you see or hear what’s to be published/transmitted before it goes out. If you would like some advice or guidance before you speak to the media please get in touch with the communications team on 01325 552223 or [email protected]. I’m happy to give you a quote and for you to use my name but don’t wish my photo to be used. Is this possible? Yes, we often use quotes from people without photos. I’m willing to be interviewed by the newspaper but don’t wish to be named or photographed. Is this possible? This may be possible. Although the media prefer to name people in their stories there are times when they will anonymise the interview. The communications team arranges interviews with the media so pleased discuss this with them on 01325 552223 or [email protected]. What if I change my mind after a photo has been taken? If we haven’t used the image or information then we would delete this straight away. If it’s already been used we will do everything we can to remove it but this might not be possible (e.g. if it’s been sent to the media or posted on a social media site). If you have any concerns about your image or information being used, please discuss this with the person who has given you this leaflet.

Page 13: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 13 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 2 - Information sheet guidance One of the key principles of informed consent for using personal identifiable information / images is to provide individuals with all the information they need to help them understand what is being asked for. This should involve providing people with an information sheet, outlining all relevant information. Clarity at the beginning saves everyone time as it reduces the need for people to contact the lead and request further information; it encourages participation, and also helps make participation a better experience. In your information sheet include the following information:

• Be clear about the process and what the individual can expect and should not expect from us.

• Introduce yourself the project and its purpose • Clarify who the involvement opportunity is for and state what experiences you would

expect those who come forward to have (eg if you need people to have used a particular service)

• Describe what you are asking the person to do and what it will involve, and the benefit of including their lived experience will bring to the project

• state whether the person be paid travel expenses and / or an honorarium • Explain what choices people have re anonymity • Explain what will happen to the information they provide

o How will it be stored o How will it be used (and not used) o Who will see it o Who owns the rights to what is made

• Explain that this information is being provided to help the person decide if they want to take part and that they will be asked to sign a consent form before their information is used.

• State whether the information will be edited / sampled before being released and whether the person will see the information / video / audio / image before consenting to it being released? Ask the person to consider the personal implications of sharing. Please use the statement from the example information sheet

• Explain what happens if they change their mind at a later date Please use statement from example sheet or consent form Explain when and where the recording going to happen

• State when people need to come forward by • Provide contact details of who to contact for further information or an opportunity to

talk through any questions or concerns they might have about their participation?

A copy of the information sheet should accompany and be stored with the consent form, and the person giving their consent should get to take a copy to take with them to refer to:

Page 14: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 14 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 3 – Example information sheet

Service user, expert by experience and carer information sheet for the

use of personal information in the development and delivery of the Virtual Recovery College

Are you interested in being involved in supporting the content development for the new online Recovery College we are currently setting up?

Within our recovery developments we are currently setting up an online recovery college to support individuals experiencing mental health issues in their individual recovery. The college will also be available to carers and staff from the trust. The college has two parts

1. A range of self-management pages on a wide variety of topics – this will be openly available to everyone, the same as any public website

2. Online recovery courses – restricted (as far as possible) to people living within the TEWV geographical area

Who are we looking to involve and what experience are we looking for? We are looking for individuals with lived experience of mental health difficulties who may have experience of receiving a particular diagnosis, have experience of a type of intervention or support or experience of self- help /self-management strategies or skills. We are looking for individuals who are able to share information in recovery focussed language and who are able to spread the recovery values and message by working with us on this project. We already have some information but have a list of other areas that we are developing. If you are interested, we can discuss the topics and areas where you think you can provide input and support Why are we asking you to be involved? We know that individuals who have lived experience of mental health issues or of caring for someone with mental health issues have extremely valuable experiences that offer a perspective that professionals cannot give. We also know that many individuals really benefit from hearing what others have done / achieved as a way of supporting or providing hope for their own recovery. We are therefore committed to developing the college in co-production with experts by experience. We want this new resource to be innovative and different to just standard information regarding mental health. The way we can achieve that is by having the input and perspectives of those who have experienced challenges and progressed their recovery

Page 15: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 15 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

What we would like you to do We are developing the content of the college in a variety of ways. We are looking for input into the following

1. Share personal written accounts or examples relating to your experiences 2. General content development 3. We would like to create some interactive elements to the college which will include

some audio and video material of different information, interactions and situations

We would like you to work alongside us to develop this material and to share some of your experiences to either be used or to inform content development Will I be paid travel expenses or any payment for the time I spend helping you to do this work? , you will be paid travel expenses for any meetings you attend with us to develop this material. This can either be public transport or car mileage. You will also be offered and honorarium payment of £20 for up to three hours. You will also be offered an honorarium of £20 for each piece of work you produce. Will people be able to identify me and what choices do I have about this? The likelihood of you being identified depends on how you agree to share your information, and this is something that we can discuss and agree prior to giving consent. Any written material you produce can be anonymous but it will depend how much personal detail you include as to whether others would be able to attribute this to you. If you want to put your name to your work you can, but then your identity will be in the public domain and attached to the work you have done. If you decide to actively be on any audio or video material using your own information then you will be identifiable. You could however decide you want to provide some personal accounts that could be role played or audio recorded by an actor which would reduce the likelihood of you being identified. We can support you to think about this further. What will happen to the information I provide? The information you provide will be used on the Virtual Recovery College web site. Information that is provided and used on the self-management pages will be accessible by the general public and can be seen by anyone around the world. The Moodle course part of the site will be accessed by staff and individuals in TEWV geographical area who register to be a student. In the future the access to the courses may widen to a much broader public audience. The information you provide will be stored either securely in a TEWV computer or in a securely locked filing cabinet

Page 16: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 16 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Will this be used for a specific time period or will it be open ended? We do not have any specific set times for changing the information on the site but we do plan to refresh information in order to keep the site engaging to those accessing it Will any of the information I give be edited or sampled before you release it? Written information may need to be edited but we would discuss this with you and involve you in the process. When producing any interactive content such as videos or audios there could be an editing process. If you were involved in creating these we would allow you to review and consent to any changes prior to this being published on the site. Can I change my mind at a later date and ask for the information to be removed? You have the right to withdraw your consent in future, in which case the Trust will do its utmost to remove your information from wherever it has been published / used within a reasonable timeframe. However, the Trust cannot guarantee the removal of information or images. In addition the Trust cannot be held responsible for what other people might do with information or images released. For example if the information was released over the internet, anybody could make a copy and use it even after we remove the information. If the information was for use within the Trust such as e-learning packages, there is still the possibility, though less likely, that it could be copied and taken elsewhere.

Invitation to consider involvement Unfortunately, people are sometimes stigmatised and discriminated against for their mental health experiences. Individuals who have shared their experiences publically recommend that you consider the possible impact of sharing your personal information. Examples include searching for future work, possible stigma and discrimination, stigma by association towards your children (or future children) and on your applications for benefits where relevant. We would ask you to consider the personal impact of sharing your information before you agree to do so in the different ways outlined above. If you have any concerns in this area please discuss this with us further before giving consent to take part. If after discussing this you still have concerns about sharing information then we would advise that you do not take part at this time Who do I contact if I want to discuss further or if I have any concerns throughout the process? Name: Role: Contact Details:

Page 17: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 17 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 4 – Consent form (photographs)

Consent form for the use of person identifiable images (photographs) in promotional material

I have read the information leaflet and give my consent for the following:

(Trust staff - please delete those NOT applicable before asking for consent)

• Photograph (named)

• Photograph (not named)

to be used by Tees, Esk and Wear Valleys NHS Foundation Trust in its promotional material in any or all of the following:

• the media (local and national newspapers, radio, TV and their websites) • the Trust’s website (www.tewv.nhs.uk) • the Trust’s magazine (Insight) or other printed material • social media (eg Facebook, Twitter and YouTube) • the Trust’s intranet (for staff)

I am aware that if I withdraw consent in the future, while efforts will be made to remove content from that point in time, the Trust will be unable to guarantee withdrawal of all instances.

Name (print): …………………………………………………………………………

Signature: …………………………………………………………………………….

Date…………………………………………………………………………………….

If you are signing on behalf of your child as parent or legal guardian please give your name and signature

Name (print): ………………………………………………………………………..

Signature: ……………………………………………………………………………

Date: ………………………………………………………………………………….

If the photograph is to be used for media/ publicity purposes, a copy of the signed consent form should be sent to the communications team at West Park Hospital, Darlington. A copy should also be saved with the patient’s clinical notes in the paper file, and an entry made on PARIS to indicate a signed consent form is saved in the patient’s paper file.

Page 18: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 18 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 5 – Consent form (written or art work)

Consent form for use of personal identifiable written or art work in promotional and training material

Title of project: ………………………………………………………………………………………………………………… I have seen the attached information sheet and understand what I am being asked to do [ ] I have had a chance to ask questions about anything I was unsure of or wanted clarifying [ ] Anonymity options For this project you are consenting to the written/art work being used as outlined on the information sheet. In addition: You want to use your name / be anonymised [delete as appropriate] You consent / do not consent to your photograph being used with it [delete as appropriate] Written / art work use options For this project you are consenting to us using your written /art work, or photographs of your work, in the following places [delete options not required or consented to]:

• Live training events within TEWV for TEWV staff • Live training events within TEWV for staff, service users, carers and the public • Internal facing e-learning • Training packages that could be sent / sold outside of the Trust • The Virtual Recovery College • Trust promotional material including the media (local and national newspapers, radio, TV

and their websites),the Trust’s website (www.tewv.nhs.uk) ,the Trust’s magazine (Insight), posters and leaflets, social media (e.g. facebook, twitter and YouTube) or the Trust’s intranet (for staff)

• Visual displays of service user work in Trust premises • Visual displays of service user work in venues external to the Trust

Invitation to consider involvement Unfortunately, people are sometimes stigmatised and discriminated against because of their mental health experiences. Individuals who have shared their experiences publically have recommended that you consider the possible negative impact of sharing your personal information. Examples include searching for future work, possible stigma and discrimination, stigma by association towards your children (or future children) and on your applications for benefits where relevant. Please tick the box to show you have been invited to consider the potential implications of being involved in this project [ ] Manner in which your written / art work will be used Your written work may / will not be edited in the final product.

Page 19: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 19 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

If edited you will / will not see the final version before giving consent for it to be used. Your art or written work may/may not be used as part of a collage/display including other works. Withdrawal of Consent You have the right to withdraw your consent in future, in which case the Trust will do its utmost to remove your information from wherever it has been published / used within a reasonable timeframe. However, the Trust cannot guarantee the removal of information or images. In addition the Trust cannot be held responsible for what other people might do with information or images released. For example if the information was released over the internet, anybody could make a copy and use it even after we remove the information. If the information was for use within the Trust such as e-learning packages, there is still the possibility, though less likely, that it could be copied and taken elsewhere. Consent to Release

Name (print): ……………………………………………………………………..

Signature: …………………………………………………………………………….

Date: ………………………………………………………………………………….

If you are signing on behalf of your child as parent or legal guardian please give your name and signature

Name (print): ………………………………………………………………………..

Signature: ……………………………………………………………………………

Date: ………………………………………………………………………………….

If the written / art work is to be used for media/ publicity purposes, a copy of the signed consent form should be sent to the communications team at West Park Hospital, Darlington. A copy should also be saved with the patient’s clinical notes in the paper file, and an entry made on PARIS to indicate a signed consent form is saved in the patient’s paper file.

Page 20: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 20 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 6 – Consent form (audio recordings) Consent form for use of personal identifiable audio recordings in Trust promotional

and training material Title of project: ………………………………………………………………………………………………………………….. I have seen the attached information sheet and understand what I am being asked to do [ ] I have had a chance to ask questions about anything I was unsure of or wanted clarifying [ ] Anonymity options For this project you are consenting to

• Providing personal information that can be used to produce an audio with someone else being recorded [ ]

or • Being recorded talking about your own personal information [ ] • You want to use your name / be anonymised [delete as appropriate] • You consent / do not consent to your photograph being used with it [delete as appropriate]

Audio use options For this project we are asking you to consent to us using the recording of what is produced in the following places [delete options not required or consented to]:

• Live training events within TEWV for TEWV staff • Live training events within TEWV for staff, service users, carers and the public • Internal facing e-learning • Virtual Recovery College (public facing) • Trust promotional material including Trust promotional material including the media (local

and national newspapers, radio, TV and their websites),the Trust’s website (www.tewv.nhs.uk), the Trust’s magazine (Insight), posters and leaflets, social media (eg facebook, twitter and YouTube) or the Trust’s intranet (for staff)

If you give us your written consent for the use of you information in promotional material it means you’re happy to be identified in all our promotional material Invitation to consider involvement Unfortunately, people are sometimes stigmatised and discriminated against because of their mental health experiences. Individuals who have shared their experiences publically have recommended that you consider the possible negative impact of sharing your personal information. Examples include searching for future work, possible stigma and discrimination, stigma by association towards your children (or future children) and on your applications for benefits where relevant. Please tick the box to show you have been invited to consider the potential implications of being involved in this project [ ]

Page 21: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 21 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

The two stages of consent: Where possible, the Trust breaks the audio consent process into two stages:

• Stage 1 is where you consider your consent to be involved in creating the material for the project.

• Stage 2 is where you consider your consent for the material to be released for its intended purpose.

This is to allow you time to reflect upon your decision to release your information to a wider audience. During the time gap between the material being produced and (if you give consent) it being used it will be: (Outline where the material will be held and who will have access to it) ………………………………………………………………………………………………………………………………………………. Your audio recording may / will not be edited in the final product. If edited you will / will not see the final version before giving consent for it to be used. Withdrawal of Consent You have the right to withdraw your consent in future, in which case the Trust will do its utmost to remove your information from wherever it has been published / used within a reasonable timeframe. However, the Trust cannot guarantee the removal of information or images. In addition the Trust cannot be held responsible for what other people might do with information or images released. For example if the information was released over the internet, anybody could make a copy and use it even after we remove the information. If the information was for use within the Trust such as e-learning packages, there is still the possibility, though less likely, that it could be copied and taken elsewhere. Consent for Stage 1 (Consent to record): Name (print): …………………………………………………………………….. Signature: ……………………………………………………………………………. Date: …………………………………………………………………………………. If you are signing on behalf of your child as parent or legal guardian please give your name and signature Name (print): ……………………………………………………………………….. Signature: …………………………………………………………………………… Date: ………………………………………………………………………………….

Page 22: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 22 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Consent for Stage 2: (Consent to release) Name (print): …………………………………………………………………….. Signature: ……………………………………………………………………………. Date: …………………………………………………………………………………. If you are signing on behalf of your child as parent or legal guardian please give your name and signature Name (print): ……………………………………………………………………….. Signature: …………………………………………………………………………… Date: ………………………………………………………………………………….

Page 23: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 23 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 7 - Guidelines for developing role play material Within the Trust, there is an increasing consideration of using role play to highlight the perspectives of individuals with lived experience when developing training videos for staff. This may involve using paid actors or staff and/or individuals with lived experience. While it is recognised that this could be an extremely powerful tool for supporting training, the process for producing this material needs to be managed respectfully. The following sets out some high level guidelines when considering developing such material.

1. There needs to be a process of careful planning to ensure that all involved understand and agree with what the role playing will involve. The process and timelines for producing the materials should be clear.

2. This process must allow adequate time for an informed consent process to be followed. 3. The Trust consent procedure should be used together with this guidance 4. Space and time should be allocated between planning and the actual role play/recording

phase to enable all involved to have time to reflect that they are clear on what the role play will consist of and are comfortable with this.

5. It is worth participants being prompted to consider if the role they will be playing mirrors closely difficult experiences or situations they have faced in their life, and to consider if this may make the role play more taxing. If so they may wish to not continue, to adjust the role play as a result, or give more consideration to the debrief session and self-care afterwards.

6. All involved should take a shared responsibility for the process. If anyone is unhappy or uncomfortable with the process at any stage, they have a responsibility to raise their views and create the space for further discussion and establish if all other parties are happy to proceed.

7. A debrief session with all involved should take place immediately after the role play session to:

o Review the session; o Check how people think it went; o Discuss how people are feeling; o To ‘de-role’ i.e. helping people to get out of the roles they were playing and get back

in touch with themselves. One way to do this is to simply ask the following questions to the room giving each person space to answer: o How do people feel today went? Any specific concerns or anything people felt went

really well? o How are people feeling after the filming? o What is everyone going to do for the rest of the day?

Page 24: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 24 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 8 – Consent form (video recordings)

Consent form for use of personal identifiable film in promotional and training material

Title of project: ………………………………………………………………………………………………………………….. I have seen the attached information sheet and understand what I am being asked to do [ ] I have had a chance to ask questions about anything I was unsure of or wanted clarifying [ ] Anonymity Options For this project you are consenting to (delete as appropriate)

• Your personal information being used on a video but acted or presented by someone else • Taking part in a video but not using your own personal information • Taking part in a video, using and discussing your own personal experiences

In being filmed • You want to use your name / be anonymised [delete as appropriate]

Video use options For this project we are asking you to consent to us using the recording of what is produced in the following places [delete options not required or consented to]:

• Live training events within TEWV for TEWV staff

• Live training events within TEWV for staff, service users, carers and the public

• Internal facing e-learning

• Virtual Recovery College (public facing website)

• Trust promotional material including Trust promotional material including the media (local and national newspapers, radio, TV and their websites),the Trust’s website (www.tewv.nhs.uk) ,the Trust’s magazine (Insight), posters and leaflets, social media (e.g. facebook, twitter and YouTube) or the Trust’s intranet (for staff)

Invitation to consider involvement Unfortunately, people are sometimes stigmatised and discriminated against because of their mental health experiences. Individuals who have shared their experiences publically have recommended that you consider the possible negative impact of sharing your personal information. Examples include searching for future work, possible stigma and discrimination, stigma by association towards your children (or future children) and on your applications for benefits where relevant. Please tick the box to show you have been invited to consider the potential implications of being involved in this project [ ]

Page 25: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 25 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

The two stages of consent: Where possible, the Trust breaks the audio consent process into two stages:

• Stage 1 is where you consider your consent to be involved in creating the material for the project.

• Stage 2 is where you consider your consent for the material to be released for its intended purpose.

This is to allow you time to reflect upon your decision to release your information to a wider audience. During the time gap between the material being produced and (if you give consent) it being used it will be: (Outline where the material will be held and who will have access to it) Your filming may / will not be edited in the final product. If edited you will / will not see the final version before giving consent for it to be used. Withdrawal of Consent You have the right to withdraw your consent in future, in which case the Trust will do its utmost to remove your information from wherever it has been published / used within a reasonable timeframe. However, the Trust cannot guarantee the removal of information or images. In addition the Trust cannot be held responsible for what other people might do with information or images released. For example if the information was released over the internet, anybody could make a copy and use it even after we remove the information. If the information was for use within the Trust such as e-learning packages, there is still the possibility, though less likely, that it could be copied and taken elsewhere. Consent for Stage 1 (Consent to Film): Name (print): …………………………………………………………………….. Signature: ……………………………………………………………………………. Date: …………………………………………………………………………………. If you are signing on behalf of your child as parent or legal guardian please give your name and signature Name (print): ……………………………………………………………………….. Signature: …………………………………………………………………………… Date: ………………………………………………………………………………….

Page 26: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 26 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Consent for Stage 2: (Consent to Release) Name (print): …………………………………………………………………….. Signature: ……………………………………………………………………………. Date: …………………………………………………………………………………. If you are signing on behalf of your child as parent or legal guardian please give your name and signature Name (print): ……………………………………………………………………….. Signature: …………………………………………………………………………… Date: ………………………………………………………………………………….

Page 27: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Ref: CORP-0010-001-v3 Page 27 of 29 Approval date: 01 August 2018 Consent for use of PII in Trust promotional and training materials Last amended: 01 August 2018

Appendix 9 – Poster for display when taking photos/filming at public events

Poster is included as a separate page so it can be printed out individually

Page 28: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

Photographs / videos will be taken at this event

The images will be used by the Trust for promotional purposes in a variety of ways, which may include: • printed materials • website • social media • the media • our staff intranet

If you do not wish to be photographed / filmed, please speak to a member of staff.

Page 29: Consent for the use of person-identifiable images and information …€¦ · It is permissible to take photos of the public in public places with obtaining individual written consent

9 – Document control

Date of approval: 01 August 2018

Next review date: 01 August 2021

This document replaces: CORP-0010-001-v2 Consent for images and recordings

Lead: Name Title

Julie Jones Head of Communications

Members of working party: Name Title

Louise Eastham Mark Allan Kate Hughes Sally Smith Angie Binns Claire Chapman Andrea Brodie

Head of Information Governance and Records Management Expert by Experience Co-ordinator Recovery Programme Manager Expert by Experience Coordinator Communications Manager Recovery College Manager Information Risk and Policy Manager With input and recommendations form the Recovery Experts by Experience Group

This document has been agreed and accepted by: (Director)

Name Title

Sharon Pickering Director of Planning and Performance

This document was approved by:

Name of committee/group Date

Digital Safety and Information Governance Board

01 August 2018

An equality analysis was completed on this document on:

14 July 2016

Change record Version Date Amendment details Status