Am we unable to see Dad's care records because they are confidential?

[mrjelly]

Dad's fall-rate increased last month to the point that we couldn't keep him safe at home. So currently he is "on respite" in an independent care home of about 50 residents. I was discussing his needs with the owner's daughter (a young woman in her 20's) who seemed fairly knowledgeable.

She said that because care records can contain information about interaction between residents that makes them confidential and only the staff can see them. That surprised me a bit, as I thought I had read here about people checking their parent's records, but I didn't really challenge her about it at the time.

Surely records could be kept in a way that other people were referred to by their initals or something, so that this problem didn't arise? Or a copy with other people's names blanked out could be made available on request? We are expecting Dad's Health & Welfare LPA to be registered soon, so doesn't that give the family some rights to see his records? He is self-funded, BTW.

 

[Grannie G]

Well! That`s news to me and I expect it`s news to a lot of people. I`m sure it is wrong, your Dad`s care notes should be available to you on demand and it sounds like a there`s a hidden agenda here.

Even if your dad is self funded, perhaps you can suggest to the home you will check with the CQC.

 

[SWMBO1950]

You are misinformed or the young lady you spoke to does not know the 'rules'


Check out: http://www.devon.gov.uk/care_home_standards.pdf
Section: 37.2 is what you are looking for.

If you have concerns speak with the manager.

Best wishes

 

[physiocharlie]

You want to check out the freedom of information act,

 

[jenniferpa]

Actually that may be accurate when you don't have a welfare LPA if you go by a strict interpretation of the DP rules. However, when you have welfare LPA, you will definitely be entitled to see them or at least the records that relate to his care.

Where the owner/manger is wrong is why you may not see them at the moment. It's nothing to do with his interaction with other people, and everything to do with his own privacy. However, you may well have to press the point, particularly with regard to his interactions with other residents. Any that relates to interactions with carers are definitely available, and if you want to see records that relate to how he reacts with other residents: well then what they need to do is provide those records with the residents names redacted (give her a black sharpie if she doesn't know how to do that ).

 

[mrjelly]

You are misinformed or the young lady you spoke to does not know the 'rules'

Check out: http://www.devon.gov.uk/care_home_standards.pdf
Section: 37.2 is what you are looking for.

Thanks for the info SWMBO1950!

37.2 Service users have access to their records and information about them held by
the home, as well as opportunities to help maintain their personal records.

The section looks relevant, but I just wondered whether this document was out of date as it does not appear on many websites and the CQC publishes a different document which seems briefer and less demanding.

http://www.cqc.org.uk/public/what-are-standards/standards/standards-care-homes

 

[Saffie]

We are expecting Dad's Health & Welfare LPA to be registered soon, so doesn't that give the family some rights to see his records? He is self-funded, BTW.

Whether self-funded or not, this will give you the right to see the home records. I am able to do so and only have Deputyship for Legal and financial affairs.
I have also recently viewed my husband's hospital records and those from his GP. When I originally spoke to the GP about the access, she said that as I had no LPA for H&W, I would not be able to see the records but said she would try find anything I needed.
So I wrote directly to the Practice manager who obliged by copying all his notes over the past 2 and a 1/2 years since he went into the nursing home and joined that Practice.

 

[Saffie]

duplicated

 

[SWMBO1950]

I lifted the link from a previous ALz Society post. If anything the 'rules' would be more robust and in your favour.

I am sure the CQC publishes other documentation but the bottom line is you have the right to view which is what I was trying to illustrate.

Good luck and dont be fobbed off

Thanks for the info SWMBO1950!

37.2 Service users have access to their records and information about them held by
the home, as well as opportunities to help maintain their personal records.

The section looks relevant, but I just wondered whether this document was out of date as it does not appear on many websites and the CQC publishes a different document which seems briefer and less demanding.

http://www.cqc.org.uk/public/what-are-standards/standards/standards-care-homes

 

[thats life]

Yes I agree the information you were given is wrong, THere should be no other residents mentioned by name in your dad's records interactions with others can be recorded without identifying them, if you are next of kin you have every right, good luck.

 

[Brucie]

I had access to my late wife's care records at the home she lived in for 9 years.

I was surprised that, in an NHS assessment ward this week, the family were refused access to the records for their 91 year old great-grandmother. At a time when family is being asked to make decisions on her future care, this makes a nonsense of the process.

We are awaiting the necessary forms that need to be completed, sent off, and then the permission awaited.

I'm going to challenge the consultant on this in a couple of hours time.

 

[sistermillicent]

The home, as someone has already said, should not be putting other residents' names into your dad's file. Where I work this is easily achieved, anything affecting the other person involved in any incident will also be recorded in their file, and if there is more to it then staff will write out an incident report which is a separate thing. In that case the fact that an incident report has been written will be noted in your dad's file, but i don't think you can have access to the incident report unless there is legal action. If there is an accident then an accident form is completed, again, other peoples' names should not be put on this

 

[nmintueo]

Thanks for the info SWMBO1950!

37.2 Service users have access to their records and information about them held by
the home, as well as opportunities to help maintain their personal records.

The section looks relevant, but I just wondered whether this document was out of date as it does not appear on many websites and the CQC publishes a different document which seems briefer and less demanding.

http://www.cqc.org.uk/public/what-are-standards/standards/standards-care-homes

Indeed .. the document you cited is rather less informative:

Standards for care homes
http://www.cqc.org.uk/public/what-are-standards/standards/standards-care-homes

It says, "Your personal records, including medical records, will be accurate and kept safe and confidential."

So the records can be kept confidential from relatives.

Going back to the other document:

Care homes for older people: national minimum standards and the Care Homes Regulations: third edition (revised)
http://webarchive.nationalarchives....ions/PublicationsPolicyAndGuidance/DH_4005819

(and good luck finding the current version of this archived 10-year-old document. Incidentally, the one quoted previously looks similar but is marked as a SUPERSEDED version http://www.devon.gov.uk/care_home_standards.pdf)

It says:

37.2 Service users have access to their records and information about them​

but refer to the definition of a Service User:

Service User
Person living in and provided with services by a care home – a resident.​

It clearly does not say, "relatives have access to records about a resident".

So that really doesn't help you (unless the resident has capacity to demand the records and share them with you). If the institution wants to hold back information, they can.

You need a Health-and-Welfare Power of Attorney set up while the donor still has capacity.

See also previous thread:
Care home records question
http://forum.alzheimers.org.uk/showthread.php?63632

The family have recently been informed that they can no longer read the care home's daily diary sheets!
This is something we have been used to doing over a number of years.

 

[Saffie]

Up until a few weeks ago, there were 2 clipboards in my husband's room. Both contained daily records involving his daily life including his drinks , when he was given personal care, up into his chair and back to bed. Also, his menu sheet, his bowel habits, his behaviour chart, his skin and marks diagrams, and others.

These have recently not been in his room and I assumed that this was just the carers were completing the careplans from the record sheets at the time. I am now wondering if it is instead a change of policy, having read the last post and it's link.
There is a Relatives meeting tomorrow evening and I will be asking about this then.
I do hope it isn't a new policy as I really valued the information being available to see when I visit rather than have to ask for the careplan all the time.