{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Spiritual, Religious and Cultural Needs Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} promotes respect for the dignity, individuality and spiritual, religious and cultural needs of people encountered by agency workers during assignments.

{{org_field_name}} operates as an employment business and temporary staffing agency supplying registered nurses, healthcare assistants and other workers to care homes, nursing homes, healthcare organisations and other client settings. {{org_field_name}} does not itself provide or manage regulated care and does not assume responsibility for the assessment, planning, direction or delivery of a client’s regulated care service.

Agency workers supplied by {{org_field_name}} work within the relevant client’s service and must follow the client’s care plans, policies, procedures, instructions and reporting arrangements while carrying out their assignments. Nothing in this policy transfers responsibility for care planning or the management of regulated care from the client organisation to {{org_field_name}}.

The purpose of this policy is therefore to ensure that agency workers:

• respect the religion or belief, including a lack of religion or belief, of the people they support and of colleagues;
• respect cultural identity, customs and practices where these can be accommodated safely and lawfully;
• do not discriminate against, victimise or otherwise treat a person unlawfully because of a protected characteristic;
• follow the client’s documented care or support arrangements concerning spiritual, religious and cultural needs;
• raise concerns appropriately where such needs cannot safely or reasonably be met; and
• handle any personal information concerning religion, belief, ethnicity or health in accordance with applicable data protection requirements and the client’s information-governance procedures.

This policy is intended to support compliance with the Equality Act 2010, the UK General Data Protection Regulation, the Data Protection Act 2018 as amended, and other applicable employment and data protection legislation. Where agency workers are placed within a CQC-regulated service, they must also comply with the lawful policies, procedures and instructions of that registered provider relevant to their assignment.

2. Scope

This policy applies to:

• all registered nurses, healthcare assistants and other temporary or agency workers supplied by {{org_field_name}}, irrespective of whether they are engaged under zero-hours, worker, employment or other lawful contractual arrangements;
• all directors, managers, recruiters, consultants, compliance staff and other office-based staff involved in recruiting, supplying, supporting or managing agency workers and staffing assignments;
• all assignments undertaken in care homes, nursing homes, hospitals, healthcare settings, social care services and other client environments; and
• circumstances in which an agency worker encounters information about, or is required to respond appropriately to, a person’s spiritual, religious or cultural needs during an assignment.

Agency workers remain subject to the operational direction, care arrangements, policies and procedures of the client organisation for the purposes of the work undertaken during an assignment. {{org_field_name}} is responsible for its own obligations as an employment business and for matters relating to the recruitment, supply, conduct and employment or engagement of its agency workers, but does not assume the client’s responsibility for assessment, care planning or the management of regulated care.

3. Related Policies

This policy should be read alongside, where applicable:

• Equality, Diversity and Inclusion Policy;
• Confidentiality and Data Protection Policy;
• Safeguarding Adults Policy;
• Dignity and Respect Policy;
• Complaints Policy;
• Incident Reporting Policy;
• Whistleblowing Policy; and
• any relevant policies and procedures issued by the client organisation at which an agency worker is undertaking an assignment.

Where a client’s policy conflicts with a legal requirement or raises a safeguarding, discrimination or safety concern, the agency worker must raise the matter with the appropriate client manager and {{org_field_name}}.

4. Policy Statement

{{org_field_name}} is committed to equality, dignity and respect and requires all agency workers to respect the spiritual, religious and cultural needs of people with whom they come into contact during assignments.

Agency workers must provide any care or support within the scope of their role, competence and assignment and in accordance with the client’s care plans, risk assessments, policies, procedures and lawful instructions.

Agency workers must:

• respect a person’s religion or belief, including a person’s lack of religion or belief;
• avoid assumptions based on a person’s name, appearance, dress, race, nationality, ethnicity, religion or perceived beliefs;
• respect lawful religious observance, cultural practices, dietary requirements and other documented preferences within the scope of the person’s care or support arrangements;
• avoid imposing their own religious, political, philosophical or cultural views upon people receiving services;
• treat colleagues and people using the client’s service with dignity and respect;
• report any conflict, uncertainty or inability to meet a documented need to the appropriate client manager;
• inform {{org_field_name}} where the matter concerns the agency worker’s conduct, suitability, assignment or employment or engagement; and
• comply with applicable equality, confidentiality, data protection and safeguarding requirements.

Responsibility for assessing a person’s care needs, preparing or amending care plans and determining how regulated care is to be provided remains with the relevant client organisation or other person legally responsible for the service.

5. Responsibilities

Directors and Management of {{org_field_name}}

The directors and management of {{org_field_name}} will:

• promote equality, dignity and respect in recruitment, placement and the management of agency workers;
• ensure that recruitment, selection, allocation of assignments and other employment-service activities are undertaken without unlawful discrimination;
• provide agency workers with appropriate information, training or guidance relevant to equality, diversity, professional conduct and this policy;
• investigate allegations concerning the conduct of an agency worker where these fall within {{org_field_name}}’s responsibility;
• liaise with client organisations where concerns arise during an assignment;
• ensure that complaints or concerns involving possible discrimination, safeguarding issues or serious misconduct are escalated appropriately; and
• review this policy following relevant changes in legislation or the agency’s operating arrangements.

{{org_field_name}} will not undertake the client’s responsibility for assessing individual care needs, creating or altering care plans, directing the clinical or care service, or determining the day-to-day delivery of regulated care.

Agency Workers

All agency workers must:

• respect the religion or belief, cultural background, dignity and personal preferences of people using the client’s service;
• read and follow relevant care plans, support plans, risk assessments and client policies made available to them;
• seek guidance from the appropriate client manager where they are unsure how a documented religious, spiritual or cultural need should be supported;
• remain within the limits of their role, competence and assignment;
• maintain appropriate professional boundaries;
• not impose their own beliefs or opinions upon people using the client’s service;
• not discriminate against, victimise or subject a person to inappropriate treatment because of religion or belief or another protected characteristic;
• report barriers, concerns or conflicts affecting a person’s care or safety promptly to the appropriate client manager; and
• notify {{org_field_name}} where the matter affects their assignment, conduct, employment or engagement or requires action by the agency.

6. Definitions

For the purposes of this policy:

Spiritual Needs means needs relating to meaning, purpose, identity, hope, values, relationships, connection or other matters that a person considers important to their wellbeing. Spiritual needs may, but do not necessarily, involve religion.

Religion or Belief has the meaning given by the Equality Act 2010. Religion includes any religion and a lack of religion. Belief includes religious or philosophical belief and a lack of belief.

Religious Needs means needs arising from a person’s religion or religious beliefs and may include worship, prayer, religious observance, diet, clothing, fasting, access to religious representatives or other practices.

Cultural Needs means needs or preferences associated with a person’s cultural, ethnic, national, linguistic, familial or community background. “Culture” is not itself a separate protected characteristic under the Equality Act 2010; however, aspects of cultural identity may relate to protected characteristics including race, religion or belief.

Client means the organisation or person to whom {{org_field_name}} supplies an agency worker.

Agency Worker means a worker supplied by {{org_field_name}} to undertake an assignment for and under the supervision and direction of a client or hirer, as applicable.

People Using the Client’s Service means residents, patients, service users or other individuals receiving services from the client organisation. Use of this expression does not mean that those individuals receive a regulated service from {{org_field_name}}.

7. Respecting Individual Needs During Assignments

Agency workers must take account of the individual needs and preferences identified by the client organisation and recorded in the person’s care plan, support plan or other relevant documentation.

Agency workers must, within the scope of their role and the client’s procedures:

• review relevant information made available by the client before providing care or support;
• respect the person’s right to practise a religion or belief or to have no religion or belief;
• support documented preferences relating to prayer, worship, meditation, religious observance or other spiritual practices;
• facilitate access to faith leaders, chaplains or other appropriate representatives where this is included in the person’s wishes and permitted by the client;
• respect documented dietary, fasting, clothing and other religious or cultural requirements;
• support participation in relevant cultural or religious activities where this falls within the person’s care arrangements and the agency worker’s assigned duties; and
• promptly report any unmet, changed or newly identified need to the appropriate member of the client’s staff.

Agency workers must not independently alter care plans, make clinical or care-planning decisions outside their role or commit the client organisation to additional arrangements. Any requested change must be referred to the person authorised by the client to assess and update the person’s care or support arrangements.

8. Communication

Agency workers must communicate respectfully and sensitively when discussing spiritual, religious or cultural matters.

Agency workers must:

• avoid assumptions about a person’s religion, belief, culture or needs based on name, appearance, clothing, race, ethnicity, nationality, language or other characteristics;
• use the person’s preferred form of communication where known;
• seek clarification from the person where appropriate and within the worker’s role;
• follow the client’s procedures where information must instead be obtained from an authorised representative, advocate or member of the care team;
• use interpreters, communication aids or other support arranged or authorised by the client where required;
• maintain confidentiality; and
• record information only where necessary and in the appropriate client record or authorised agency record.

Agency workers must not unnecessarily question people about their religion, philosophical beliefs, ethnicity or other sensitive personal information. Information should only be obtained or recorded where there is a legitimate and relevant purpose connected with the person’s care, support, safety or another lawful requirement.

9. Dietary Requirements

Where a person’s care plan, support plan or other client documentation identifies religious, cultural or other dietary requirements, agency workers must respect and follow those requirements within the scope of their assigned duties.

Agency workers must:

• check relevant dietary instructions before preparing, handling, assisting with or serving food;
• follow the client’s procedures relating to allergies, nutrition, food safety and special diets;
• respect religious or cultural dietary requirements recorded by the client;
• follow documented arrangements relating to fasting, including arrangements intended to protect the person’s health and safety;
• immediately report inconsistencies, risks or uncertainty to the appropriate client manager or healthcare professional; and
• record relevant information in accordance with the client’s documentation procedures.

Agency workers must not independently change prescribed diets, nutrition plans, clinical instructions or care plans.

10. End of Life and Bereavement

Agency workers must recognise that spiritual, religious and cultural wishes may be particularly important during end-of-life care and following death.

Agency workers must:

• follow the person’s documented end-of-life care plan and the client’s policies and procedures;
• respect documented wishes concerning prayers, rituals, religious observance, last rites or other spiritual practices;
• promptly inform the appropriate client manager where a person or their authorised representative requests access to a faith leader, chaplain or other representative;
• respect lawful cultural or religious practices relating to death, care after death and mourning;
• preserve the person’s privacy and dignity;
• work only within their role, competence and assigned responsibilities; and
• seek immediate guidance from the client where a requested practice may conflict with clinical requirements, infection prevention, safeguarding requirements, law, safety or the rights of another person.

The agency worker must not independently make decisions concerning end-of-life treatment, care planning, consent or arrangements following death unless they are expressly authorised and professionally competent to do so within the client’s service.

11. Equality and Non-Discrimination

{{org_field_name}} will comply with the Equality Act 2010 in relation to its recruitment, employment-service activities, treatment of agency workers and other activities to which the Act applies.

Religion or belief is a protected characteristic under the Equality Act 2010. This includes religion, religious or philosophical belief, lack of religion and lack of belief.

Agency workers must not unlawfully discriminate against, victimise or otherwise subject a person to prohibited treatment because of religion or belief or another protected characteristic.

Agency workers must:

• respect the right of a person to practise a religion or belief;
• equally respect a person’s right not to follow any religion or belief;
• avoid stereotyping or making assumptions about what a person believes;
• respect differences within the same religion, culture or community;
• comply with lawful and proportionate client arrangements intended to accommodate an individual’s religious or cultural needs; and
• report discriminatory conduct or practices through the appropriate client and agency procedures.

Cultural identity is not, by itself, a separate protected characteristic under the Equality Act 2010. However, discrimination associated with a person’s culture may amount to unlawful discrimination where it relates to a protected characteristic such as race, which includes colour, nationality and ethnic or national origins, or religion or belief.

Nothing in this policy requires {{org_field_name}}, a client or an agency worker to comply with a request that would be unlawful, unsafe or incompatible with another person’s legal rights. Any conflict must be considered individually and, where necessary, escalated for appropriate management or legal advice.

12. Staff Religious Beliefs, Requests for Accommodation and Professional Boundaries

{{org_field_name}} respects the religion or belief, including lack of religion or belief, of its agency workers and will consider requests relating to religious observance or manifestation in accordance with the Equality Act 2010.

An agency worker who believes that an assigned duty, working arrangement, uniform requirement, religious activity or other workplace requirement conflicts with their religion or belief should raise the matter promptly with the appropriate client manager and {{org_field_name}}.

A worker does not have an automatic right to refuse an assigned duty solely because it conflicts with their personal religion or belief. Any request for an adjustment or alternative arrangement must be considered on its individual circumstances, taking account of:

• the worker’s protected religion or belief;
• the requirements of the role;
• patient or service-user safety;
• continuity of care;
• the rights and dignity of other people;
• safeguarding requirements;
• professional standards;
• any relevant contractual requirements; and
• whether an alternative arrangement is practicable and proportionate.

Agency workers must not abandon a person, leave essential care unsafe or refuse an urgent duty in a manner that creates a foreseeable risk of harm. Where an immediate conflict arises, the worker must seek instructions from the appropriate client manager.

Agency workers must maintain professional boundaries and must not:

• attempt to convert or proselytise to a person receiving care;
• impose personal religious, philosophical or political beliefs;
• criticise or ridicule another person’s religion, belief or lack of belief; or
• participate in spiritual or religious activities in a way that compromises professional boundaries, consent, safeguarding or the person’s care.

Where appropriate, an alternative worker or another source of support may be considered, provided that doing so is lawful, safe, proportionate and does not result in unlawful discrimination.

13. Training

All staff will receive training on: Equality, diversity, and inclusion with a focus on religious, cultural, and spiritual awareness. Supporting spiritual and religious needs within care settings. Maintaining professional boundaries. Cultural sensitivity and anti-discriminatory practice. Refresher training will be provided as part of supervision, appraisal, and when practice developments occur.

14. Working With Client Organisations

Agency workers must work collaboratively with the client’s permanent staff and other authorised professionals while undertaking an assignment.

Agency workers must:

• follow spiritual, religious and cultural requirements already identified in the person’s care or support plan;
• communicate relevant observations or requests to the appropriate client member of staff;
• report any apparent change in the person’s needs or preferences so that the client can determine whether the care or support plan requires review;
• support appropriate involvement of family members, advocates, faith representatives or other persons where authorised by the individual and permitted by the client;
• follow the client’s consent, confidentiality and information-sharing procedures; and
• comply with the client’s arrangements for external visitors, representatives and community organisations.

Agency workers must not independently amend the client’s care plan or arrange external services on behalf of the client unless expressly authorised to do so within the assignment and within their professional role.

15. Documentation, Confidentiality and Data Protection

Information concerning a person’s religion, philosophical beliefs, racial or ethnic origin or health may constitute special category personal data under the UK GDPR.

Agency workers must therefore only access, use, record or disclose such information where it is necessary for their assigned duties and permitted by the client organisation’s information-governance arrangements.

Where information about a person’s spiritual, religious or cultural needs is relevant to their care or support, agency workers must:

• record information in the client’s authorised care or support record where required by the client’s procedures;
• record only information that is relevant, accurate and necessary;
• use factual, respectful and non-judgemental language;
• avoid recording assumptions about a person’s religion, belief, ethnicity or cultural identity;
• share information only with persons who are authorised and who have a legitimate need to know;
• comply with the client’s confidentiality, records-management and information-security procedures; and
• promptly report any loss, unauthorised disclosure or inappropriate access to personal information in accordance with the client’s and {{org_field_name}}’s data-breach procedures.

{{org_field_name}} must not routinely create duplicate agency records containing a service user’s religious, philosophical, ethnic or health information merely because that information exists in the client’s care record.

Where {{org_field_name}} itself processes special category personal data, it must identify and document:

• an applicable lawful basis under Article 6 of the UK GDPR;
• an applicable condition under Article 9 of the UK GDPR; and
• where required, an applicable condition and safeguards under the Data Protection Act 2018.

Such processing must comply with the UK GDPR, the Data Protection Act 2018 as amended, applicable data protection principles, the agency’s privacy information, retention requirements and appropriate technical and organisational security measures.

Personal information must not be retained by {{org_field_name}} for longer than necessary for the purpose for which it was lawfully obtained.

16. Addressing Concerns

An agency worker who identifies a concern relating to a person’s spiritual, religious or cultural needs must take action appropriate to the nature and seriousness of the concern.

The agency worker must:

• report concerns concerning the person’s care, treatment, safety or care plan promptly to the appropriate client manager in accordance with the client’s escalation procedures;
• immediately escalate any safeguarding concern in accordance with safeguarding procedures;
• notify {{org_field_name}} where the concern relates to the agency worker’s conduct, another agency worker, the suitability of the assignment, discriminatory treatment of an agency worker or another matter requiring action by the agency;
• make an accurate contemporaneous record where required; and
• use the whistleblowing procedure where appropriate and where ordinary reporting arrangements have failed or cannot safely be used.

The client organisation remains responsible for investigating concerns relating to the delivery and management of its regulated service.

{{org_field_name}} will investigate matters falling within its own responsibilities, including allegations concerning the conduct, suitability, recruitment, employment or engagement of an agency worker, and will co-operate appropriately with the client organisation, safeguarding authorities, professional regulators or other competent authorities where required.

Nothing in this policy prevents any person from reporting a safeguarding concern, criminal conduct or other serious matter directly to an appropriate statutory authority.

17. Agency Oversight and Monitoring

{{org_field_name}} will monitor matters falling within its responsibilities as an employment business, including the conduct, suitability and performance of agency workers supplied to clients.

Monitoring may include:

• obtaining appropriate feedback from clients concerning an agency worker’s conduct and performance;
• reviewing complaints or incidents concerning agency workers;
• undertaking employment or engagement-related supervision;
• identifying training, competency or conduct concerns;
• reviewing whether an agency worker remains suitable for particular assignments; and
• taking appropriate action under the agency’s contractual, disciplinary or worker-management procedures.

Any supervision or monitoring undertaken by {{org_field_name}} is not intended to replace the client’s responsibility for supervising the delivery of its service, assessing service users, managing care plans or directing regulated care.

During an assignment, agency workers must follow the operational and care-related supervision arrangements of the client organisation.

Where feedback identifies a concern about the quality or safety of the client’s service rather than the conduct of an agency worker, {{org_field_name}} will refer the concern to the client or other appropriate authority rather than assuming responsibility for management of the client’s regulated service.

18. Continuous Improvement

{{org_field_name}} will review the effectiveness of this policy and its own arrangements for promoting equality, dignity and appropriate professional conduct among agency workers.

The agency will:

• review relevant complaints, incidents and feedback involving agency workers;
• identify recurring concerns relating to discrimination, professional conduct or compliance with client requirements;
• review recruitment, induction and training arrangements where deficiencies are identified;
• obtain appropriate feedback from workers and clients about the effectiveness of the agency’s staffing arrangements;
• update guidance where changes in legislation materially affect the agency’s obligations; and
• take proportionate corrective action where agency workers fail to comply with this policy.

Continuous-improvement activity undertaken by {{org_field_name}} relates to its staffing, employment-business and worker-management responsibilities and does not constitute the management, assessment or monitoring of the client’s regulated care service.

19. Policy Review

This policy will be reviewed at least annually and earlier where necessary following:

• a relevant change in legislation applying to employment businesses, agency workers, equality or data protection;
• relevant guidance or enforcement developments issued by the Fair Work Agency, the Information Commissioner’s Office or another competent authority;
• changes to {{org_field_name}}’s business model or the types of assignments it supplies;
• complaints, incidents, safeguarding concerns or discrimination concerns indicating that the policy requires amendment;
• significant feedback from agency workers or clients; or
• changes in CQC requirements or guidance where those changes materially affect the way agency workers are required to work within CQC-regulated client services.

The directors or nominated policy owner will be responsible for ensuring that the policy remains consistent with {{org_field_name}}’s actual operating model as an employment business supplying temporary workers rather than a provider carrying on regulated care.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.