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Original poster

Helpline consent?

26 replies

intheblueroom · 14/05/2020 22:44

I have a problem and I rang a helpline for some support and advice when I was in a vulnerable situation and spoke to them at length. I'm not going to say what helpline it is. The helpline reported my call to the police and it has caused serious repercussions for a member of my family. I wasn't told the helpline would/could do this, I wasn't asked for my consent to share the information I gave them. If I had known I wouldn't have spoken to them. I feel my trust has been abused and now I have much more to worry about. My family is about to be shattered and altered forever. Does anyone have any advice?

OP posts:
LouiseTrees · 14/05/2020 22:54

I don’t know the legals on this sorry but I would suggest you talk to the police if you feel you over egged anything. They may still want to prosecute depending on the crime or they might realise that what was said was a misreading of a situation. Hard to say without knowing any more. You should also talk to a criminal lawyer or family lawyer.

Original poster
intheblueroom · 14/05/2020 23:01

I should say it doesn't involve a child or anyone underage/vunerable.

OP posts:
LouiseTrees · 14/05/2020 23:24

It could still be domestic violence/rape where the person on the receiving end is vulnerable even if they don’t look it or sometimes don’t feel it. It could be anything from a tax helpline to the Samaritans to dignitas.

Soontobe60 · 14/05/2020 23:29

If you have given out information about a criminal act either against you or by someone you know, then the person you spoke to would be obligated to pass that information on. Your consent isn't needed.

BruceWilllis · 14/05/2020 23:31

What was the helpline? What did they report to the police? Without any more info we can't really offer any advice. Most helplines will have a duty of care and safeguarding policy so if they perceive you to be in immediate danger/unsafe situation etc then they have a duty to report that. It's a legal obligation. It trumps any confidentiality you may think you have. Doctors also have a duty of care for the same situations.

Original poster
intheblueroom · 14/05/2020 23:46

That's what I'm asking, about consent, shouldn't I have been told in advance my conversation wasn't confidential? They let me talk then broke my trust. I don't want to give out the details. I rang for help and support but now I'm watching my life disintegrate, my life has been taken out of my control and is about to be changed in ways that are not helpful to me.

OP posts:
bagpusscatpuss · 14/05/2020 23:57

Was it on their website?

To be honest, it’s unlikely any helpline could keep
a safeguarding issue confidential unless it’s an anonymous one like the Samaritans.

That said you could complain to the helpline - they should allow you to do that?

Original poster
intheblueroom · 14/05/2020 23:58

I was upset and worried and had a problem, I know that. Now I'm devastated and have a huge problem. Everything is out of my control because I trusted someone. It involves someone I love, I will do anything to protect a person I love. It's all more than I can deal with.

OP posts:
bagpusscatpuss · 14/05/2020 23:59

@Soontobe60 it’s not the case that they would have to report absolutely any criminal act. OP I’m
guessing this concerned abuse of some kind, is that right?

Notdonna · 15/05/2020 00:06

OP if the helpline claims to be a confidential service then it should be exactly that. If you didn’t want it reporting then it shouldn’t have been. The only situation where that would be different is any child involvement. A helpline is there for support and advice. So sorry that they’ve overstepped and caused mire issues for you! Complain to them.

Flippyflo · 15/05/2020 00:09

@intheblueroom

So sorry you’ve had this.

I work in this field.

Absolutely noway should they have reported to the police. This is a data breach ! Unless you provided full name of the person/ any victims under age or vulnerable ( which you’ve already stated) absolutely not.

When the police arrive at your door- you clearly say you did not give consent for this to be reported.

I can’t give you much else, as not much to go on but the answer is no. ( for the info you’ve given)

Sending love x

prh47bridge · 15/05/2020 00:21

This is a data breach

Not if the helpline was of the view that disclosure was necessary to protect the OP's vital interests, i.e. they genuinely believed that the OP's life or someone else's life was in danger if they did not report this. It may also be justified under legitimate interests.

For example, Gingerbread say that their helpline is confidential but nonetheless list a few situations where they may pass on your details without your consent, e.g. if a child or adult is at risk of harm or the caller poses a serious risk to themselves or others.

The OP hasn't told us enough to say for sure whether or not the helpline's behaviour was justified, nor can we say for sure that their behaviour was not justified. It may be that the OP has a case against the helpline for breaching confidentiality but it is by no means certain.

Original poster
intheblueroom · 15/05/2020 00:37

It doesn't say anything on their website about confidentiality as such, just that they don't share info with anyone and if they decide to the caller will be able to say no. That and some things about making the caller 'empowered'. I have not been empowered, I have been put in a position where my original problem has had to be put to one side while I deal with protecting someone else from the police. Which I will do, at all costs. I'm not going to say which helpline it is or give more details as its very sensitive, obviously, it's isn't a good situation but no-one has died/been raped/terrorism etc.

OP posts:
cabbageking · 15/05/2020 00:54

Safeguarding and criminal activity trumps confidentiality or the GDPR.

notapizzaeater · 15/05/2020 00:57

Have you checked anywhere what it says - If it was a safeguarding issue they may have had to tell the police ?

dontdisturbmenow · 15/05/2020 07:21

Without knowing who was involved, whether it regarded a vulnerable person (you say it wasn't, they might have disagreed), if it involves someone breaking the law, it's impossible to advise.

Flippyflo · 15/05/2020 07:53

The OP has given brief details about the call.

It is of my view that it is a data breach.

OP - Again with the details you’ve given this is what I’m going by, sorry that this has been your experience of the ‘Empowerment model’ which is what I believe they must be using as you’ve stated that word.

Contact the ICO (The information commissioners office) they’ll advise you further, and give you the best information.

tamsintamsout · 15/05/2020 11:31

You could also ask the helpline for their code of conduct and details of their complaints process.

prh47bridge · 15/05/2020 16:35

It is of my view that it is a data breach

You've said that already. She really hasn't given enough information to say that with confidence. We do not know what she told them. As per my previous post, if she disclosed information that revealed that her life or someone else's life was in danger or that someone was at risk of serious harm, informing the police would not be a data breach.

Indeed, as the police .appear to have taken action, the information shared almost certainly falls under the crime and taxation exemption, which means sharing it with the police without consent was not a data breach.

Flippyflo · 15/05/2020 19:17

I’m aware I’ve said this already my post wasn’t aimed at you. However you clearly mistook it for that, the police will need to follow up on a report, however it is down to the OP if she wishes to proceed.

I don’t think we’re reading the same post, I’m going by what the OP has described her phone call as. You’re going by something completely separate what that is I do not know.

prh47bridge · 15/05/2020 21:30

I don't know what you see in the OP's post. All she has said about her call is that she was in a vulnerable situation, that she spoke to them at length and that it didn't involve a child or anyone underage/vulnerable. She doesn't appear to have told us anything more than that. She certainly hasn't ruled out saying something that would have indicated that a crime had been committed or that someone was at risk of serious harm.

Given that it is clear the police appear to have acted on the information provided by the helpline, and therefore appear to believe that a crime may have been committed, it seems to me difficult to justify a presumption that the information given to the helpline by the OP didn't fall under the crime and taxation exemption.

Jeezoh · 16/05/2020 08:28

No-one can really advise without knowing what helpline it was but I’m baffled by your comments about needing to “protect someone from the police”. Are you worried the police are going to fabricate evidence or do you just not want this “someone” to face the consequences of whatever you discussed with the helpline?

ProfessorSlocombe · 16/05/2020 13:03

Given that it is clear the police appear to have acted on the information provided by the helpline, and therefore appear to believe that a crime may have been committed

However we do know the police are also quite happy to swing into action when no crime has been committed, so it's hard to tell either way.

And the bottom line is once confidence is breached, it's breached. It's impossible to undo the breach, and the only recourse is to sue in a civil action where the value of the the breach needs to be expressed as a verifiable monetary sum.

There will probably be a slew of "it doesn't work like that" replies, but in practice that is exactly how it does work. The real question is how much work the OP is willing to put in to get a letter that says "sorry, out bad" and something about "lessons being learned" and "taking our commitments very seriously".

Soontobe60 · 16/05/2020 13:23

I too wonder why the OP feels she needs to protect this person from the police at all costs? If the police were contacted and then acted on that information, if there was nothing to worry about then why would the person need protecting?
If the OP, for example, phoned a DV helpline and confided that their partner was abusive towards them, then absolutely calling the police was the right thing to do in the circumstances. She may say she's not vulnerable but we all know the score. Andnit may well be that she now does not want her partner to be charged with anything.
Obviously that's hypothetical, but the OP has been so enigmatic that we can only surmise.

ActuallyItsEugene · 16/05/2020 14:03

With these helplines there are always caveats about them keeping the call confidential unless the caller gives them information about someone being in immediate danger or a safeguarding concern...

They should have told you they were referring it to the police but, other than that, I think they were in the right.

Again, you've given such little information here it's hard to advise properly.