Access to care home records

[Eloise123]

Hi All, apologies if this has been posted previously.

My father has moderate to advanced dementia and is in a nursing home.

We are due to have an assessment for Nhs continuing healthcare and I have been asking the care home to supply a copy of his records to help support his application.

He generally has social care needs but also has some behavioral issues with bouts of shouting and aggression. He has been physically violent (not regularly) and has slapped, shaken a few of the carers and threatened another resident with his fist after pushing her over. The care home are doing their best (and the Dr's) to find the right medication to help alleviate the aggresion.

I think we have a small chance, due to the behaviour, of getting financial help but I really need access to his care records to help support his case.

I have a H&W LPA and have asked the care home to arrange a gdpr (?) Form so they can supply these records to me.

The care home are refusing to arrange this form and therefore refusing me access to his records.

I really wondered if there was any legislation regarding their obligation to provide access to their records??

Would appreciate any advice please.

 

[Grannie G]

Welcome to Talkin Point @Eloise123 I hope you will find it helpful and supportive.

I thought it is our right to ask for medical records so can only think the care home`s records might not be up to date.

You could phone the National Dementia Helpline to find out for sure if accessing your dad`s records is your right just in case I`m mistaken.

National Dementia Helpline

0300 222 11 22


Helpline opening hours:

Monday to Wednesday

9am – 8pm

Thursday and Friday

9am – 5pm

Saturday and Sunday

10am – 4pm

 

[Shedrech]

hello @Eloise123
a warm welcome to TP
I'm not myself familiar with the application process re CHC funding
however, as you are Attorney for health & welfare for your father (I am assuming he is no longer deemed to have capacity) as I understand it, you are effectively 'him' and ought to be able to have sight of his records as he would have the right to do so if he had capacity to manage his own affairs
and I would have thought the care home would be a party to the application and be helping you

 

[BrianSausage]

Hi
I have POA for my mum who has dementia and is in a care home. I asked the home last week if I could see her care plan and they allowed me access to it. I was told that if you have POA you are allowed the same access to medical records as a doctor or solicitor would be.

 

[love.dad.but..]

As your dad's legal attorney for Health and Welfare you should have the same access to records etc as though he was asking himself.

 

[Theresalwaystomorrow]

Another interesting thread.
I do not have H/W poa so have been denied access to care plans due to data protection! however I have financial poa and they want me to sign the contract which clearly states that I would have access to care plans?
Hence I haven’t signed contract!

 

[Saffie]

I didn’t have a H&W LPA, just Deputyship but I was able to see my husband’s Care Plan any time I requested it. I don’t think the Nursing home were even aware of whether I had LPA or not but as my husband’s next of kin I was always included in every aspect of his care both in the home and previously in the hospital. I was also able to spend a morning reading his hospital records when I applied for CHC funding which, incidentally, he didn’t get despite multiple serious health problems apart from those caused by his severe dementia.

 

[Theresalwaystomorrow]

Thanks Saffie

 

[Saffie]

Incidentally, I was even involved with contributing to my husband’s Care plan as it was felt I was the one who knew him best. I used to look at it regularly, probably a couple of times a month and commented if necessary as his daily record was included in the file.

 

[love.dad.but..]

Although I had poa Health for dad and looked at his care and medical notes held at his NH as often as I wished and contributed to his care plan as needed...other relatives who didn't have poa Health were also able to do so for their relative and that's how it should be. Maybe the refusal is more to do with a concern that their records are not completed regularly...up to date...or accurate?

 

[Elle3]

Hi All, apologies if this has been posted previously.

My father has moderate to advanced dementia and is in a nursing home.

We are due to have an assessment for Nhs continuing healthcare and I have been asking the care home to supply a copy of his records to help support his application.

He generally has social care needs but also has some behavioral issues with bouts of shouting and aggression. He has been physically violent (not regularly) and has slapped, shaken a few of the carers and threatened another resident with his fist after pushing her over. The care home are doing their best (and the Dr's) to find the right medication to help alleviate the aggresion.

I think we have a small chance, due to the behaviour, of getting financial help but I really need access to his care records to help support his case.

I have a H&W LPA and have asked the care home to arrange a gdpr (?) Form so they can supply these records to me.

The care home are refusing to arrange this form and therefore refusing me access to his records.

I really wondered if there was any legislation regarding their obligation to provide access to their records??

Would appreciate any advice please.

Hi Eloise, your father's behaviour sounds quite similar to my dad's. We applied for CHC funding back in June this year and dad was awarded the funding, he's also just recently had his 3 month review and again they said he was still entitled to funding.

Firstly I will say I don't have LPA for Health & Welfare for my dad, but I can say the Care home my dad is in, which is specialised in dealing with challenging behaviour, has been very supportive and helpful and to be honest played quite a critical part in getting my dad approved for funding.

From when my dad entered the care home, they started to keep records of every incident that occurred, using ABC charts (these are in line with the NHS CHC Checklist), I also started to keep a record on my phone every time I was made aware of an incident or I witnessed an incident and took photos if I could, just in case. During the CHC review, the unit nurse also sat in on the review. We went through each of the criteria's providing evidence to support our claim. My dad scored Severe for Cognition and Behaviour, High for Communication and Drugs and Moderate for Continence and Skin. What was quite critical was that dad's behaviour was unpredictable, ie. he could go from being total calm and polite, to full on swearing and trying to hit someone without any warning. What helps is that all the staff record every incident and keep detailed records and the unit nurse could provide all this evidence to the CHC review team and gave them full access to dad's care plan and records.

Now my point is, I haven't seen dad's care plan or his records, although they have been discussed with me, especially prior to the review to ensure everything was up to date, I didn't feel it was necessary to see them, as I trusted them, it's the review team who need to see them. All I did was speak to the nurse prior to the meeting who would be attending the review with me to ensure we were both singing from the same page, so to speak. However, I would agree with the others that if you have LPA for Health & Welfare you should be able to see his records if you wish.

Good luck.
Elle x

 

[Theresalwaystomorrow]

Although I had poa Health for dad and looked at his care and medical notes held at his NH as often as I wished and contributed to his care plan as needed...other relatives who didn't have poa Health were also able to do so for their relative and that's how it should be. Maybe the refusal is more to do with a concern that their records are not completed regularly...up to date...or accurate?

Exactly that’s what I thought.
They seemed to want to keep everything ‘in house’
The gp has now said he will see family once a month to discuss this. We have few issues which we will be contacting cqc with.