photographic evidence

[timthumb]

had occasion to complain about the sides on my dads bed in a home .....gap was way to big with the new bumper sides delivered

i took photos of the 4 in gap and had to take a photo of dads leg which is thinner than that

i complained but the manager has asked me to destroy the photos as it contravenes the data protection act

i dont believe it does .....

a document has been produced to the effect they want me to sign

( i wish the would complete a care plan that hasnt been done in the three weeks hes been there instead)

where do i stand legally as im an individulal and not a company i dont believe the data protection act applies to me ?
thanks
tim

 

[chucky]

Hello timthumb, i dont know about the legality but i will tell you what i did. I noticed the taps in my dads toilet wash basin were covered in soap scum it was filthy and i complained about it. A week passed and nothing had been done so i took a photograph of it. I waited another week and it was still there. Again i went to the manager and he argued with me that it had been cleaned and that it was a new soap build up and to press his point home he produced the bar of soap to show me. I then produced my photo and showed him the soap on the taps were a different colour and therefore HAD to have been there a while. I was asked to delete the picture and i told them i would, once i saw that his basin was being washed daily. They never checked the photo had been deleted and it has never been requested since. I still have the photo. If i were you i'd give them the photo, AFTER i made copies. Again i dont know the legality of it, im only saying what i would do and did, i could of course be wrong in my decision, time will tell.

 

[sistermillicent]

The data you have, photos, is not identifiable unless you put names, dates etc on it. I can't see how it contravenes the data protection act. I think it is only data that can be used by others that is protected, such as name, date of birth, bank account, health records etc.

Ask them which part of the data protection act it contravenes and get them to show you what it says. Actually that is a good way of alienating them, so probably best not, keep pushing for a care plan and keep saying the gap is too big, can they pad it.

Pippa

 

[nocturne]

I would want to know exactly what "data" they say needs protecting. Is it your dad's privacy? If so, that is a matter for him. It's one of those acts which is quoted a lot and understood very little. Can't see how it can apply here.
However I must say that if they still have not got a care plan in place after 3 weeks, they are probably not "compliant" as far as the new CQC regulations are concerned and as such, could be in danger of being de-registered. That should be of far greater concern to them.
Jan

 

[danny]

The manager is spinning you a yarn Tim.

Don`t sign anything without someone having a look at it for you.
Take care.

 

[DozyDoris]

I think the DPA is to do with personal information, I don't see much personal about a tap!
It may not hold up evidentially as no permission was sought but I don't think I would be deleting or cutting up the photo and certainly don't sign a thing.

 

[JPG1]

Tim,

Don't destroy your photos; don't sign anything; don't let the manager intimidate you.

Quote from the Data Protection Act: "If you handle personal information about individuals, you have a number of legal obligations to protect that information under the Data Protection Act 1998."

If you get any more nonsense from the manager, ask him/her to tell you exactly which Section of the Data Protection Act you are supposed to be contravening!

There's no way that a 4 inch gap contains any personal information, or is protected by the Data Protection Act!!!

The photos you have taken are now your Copyright. So hold on to them. If you pressed the button on the camera, they're yours!

And if the manager hassles you, just say "I'll show you my photos if you show me my Dad's care plan".

 

[timthumb]

good stuff

care plan ...no ot ..no physio.... no bath or shower i could go on and on .....

they seem more concerned with my visiting time not being allowed in after 8 pm than a care plan

the story goes on

tim

 

[simonmonty]

Hello tim
What you are describing is nothing but blatant neglect and abuse. If the gap could place your dad in harms way and you have reported it and the manager dose nothing then the manager is in breach of Duty Of Care! and it needs reporting.
http://www.wiltshire.gov.uk/healtha...factsheets/fssafeguardingvulnerableadults.htm

A care plan is a legal document and every person should have one who is receiving care and it should be up to date and signed. You have a legal right to see it as next of kin. There is no reason what so ever you should be denied the right to see it unless something untoward's is happening which it sounds like it is since your being refused access to it!
By the way the manager just wants you to destroy the photos because they are evidence of their neglect of care! If you were a carer you would have a legal duty to keep those photos as evidence and to report it!

 

[Mr_Angry]

DPA definition of personal data

I am not a legal expert but this is my understanding of the definition of personal data. It is data which relates to a living individual who can be identified:—

from that data, or
from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller.

A photo of a bed or a tap to a reasonable person can not be defined as personal data unless the individual could be identified from it.

No care plan, no physio? Now where have I come across that before? In my own case a care plan has not been shown to myself or my father and DPA request ignored.

 

[grobertson62]

I too took photos of dad whilst he was in hospital for 10 weeks

not to complain but to send to his brother in Spain. i was asked to refrain from taking photos ( in case I managed to get someone else in the frame)
et etc

Gill

 

[imac.girll1]

Personally Tim i can not see how you are breaking any laws. Now i can understand taking pictures in a ward where you might catch others int he pictures, but in his private room where there should not be any other residents then that is fine. I have taken pictures of my mothers room in her care home, without permission as i don't need it as it is in her private area. They ask for pictures not to be taken of the grounds, and the public spaces for residents, but i can take a picture and show it to the manager that it only shows my mother and no one else. I have taken pictures in the garden area of my mother but again there was no one else there.

Taking pictures is the first piece of evidence the Care Comm, always ask for so do not delete the picture. I was asked to do it in her last CH and i wish i hadn't (i didn't know better), and it has come to light it was evidence.

So yes by all means delete them off your camera/phone but only after burning them to disk or copying them to something secure and make sure you date the photograph.

Good Luck Tim x

 

[Jancis]

Interesting how people react to things and the data protection act is nearly always quoted at some point when things get 'noticed'.

Having said that, my friends and I took loads of photos in my relative's last care home and no-one said a word (this was the **** care home). In the new CH we have just gone ahead and done loads more pics and no-one has said a word either! Didn't even think to ask and I'm involved in publishing so I should be alive to copyright law and data protection etc. We only concentrated on my relative and his environment of course. It's amazing how we can be ground down by PC rules and regs - Tim, don't worry about what you are doing, you have every right in the world to prevent neglect of your dad.

 

[timthumb]

thanks for all the replies ...

i wont make a fuss but just will not sign the bits and pieces at the moment

the home mean well but the structure there is just poor i think its just not enough staff and lack of training and culture of we have always done this like that

i aim to change that for dad

 

[cragmaid]

When and if Mum finally gets into the home she has chosen, I'll be taking my laptop in regularly so she can have Skype conversations with my sister in Africa. This has a web cam... so I'll not only be taking pictures I'll be streaming them half way round the world!! Let anyone compain about that!!! They advertise free WiFi in their brochure so they won't be able to limit usage.

 

[Mr_Angry]

Free WIFI thats impressive

Well you can bet they will complain

Free Wifi sounds impressive is that for staff use or for the residents? Just curious to know how CH's that have such items as Wifi, games consoles etc can justify the expenditure. I have yet to meet a 'silver surfer'.

Still beats siting in front of a TV all day.

It would be interesting to know how many people on here have come across CH's that encourage those with dementia to keep their minds active rather than the easy option of keeping a TV on as 'stimulation'.

 

[Jancis]

My relative's new home allows residents to use Skype to communicate with family and friends. This facility obviously needs a carer with IT flair. Not as simple as it sounds, but worth a try and fun too - for the relative at least. And the relative can 'meet' members of staff and other residents who happen to be in near vicinity, including the odd pet.

 

[cragmaid]

Mum's hoped for home ( she's got her name down but your guess is a good as mine how soon) has wifi for the residents and, until Mum's eyesight became as bad as it is now, she used her Computer a lot. At the ripe old age of 80 she was still preparing the Church newsletter on it, admittedly I was having to sort out the odd spelling gaffe, but Silver Surfers are on the increase. Truth to tell my hair's greyer than hers so despite being incredibly youthful for my age, I could, in a bad light, be mistaken for one myself.
The downside to this is that I now have to bail her out because she has forgotten what it is that she can't see she's doing. I spend a lot of time on the phone saying press the button on the right etc. No your right.!! And the home is going to cost the earth because it's private and she'll be self funding but it's the only one she'll consider going into. Night.

 

[piedwarbler]

Free wi fi is a brill idea. You have to pay BT in mums home.
I took daily pics of mums toe when it was very bad and e mailed them to the GP and the regional manager. No one Asked me to delete them. X

 

[timthumb]

This must be the early bird club ... I can't sleep knowing I trying to do my best for dad but I'm meeting opposition all the time.....
They just want me to go away and leave them alone just to get on with doing the minimum ....

Writing it down for people to look at but not doing as they should

I will not give up for dad and I will take photos as necessary and will keep on at them until dad is satisfied

I thought it was for the best to go into residential accommodation now it's happened I'm not so surr