Care home records

Poppyfields

Registered User
Sep 12, 2013
69
Does anyone know if the "3 year rule" still applies if the care home refuses to allow access to documentation.

The Information Commissioner's Office have advised my mother's former care home
to release the documentation to me as they are in breach of the DPA - but she maintains that we are not entitled to see records - despite my mother's written and witnessed permission for us to do so.

I've warned the manager against "losing" or destroying the records - can she do so after 3 years, regardless?
 

AlsoConfused

Registered User
Sep 17, 2010
1,953
Could you get the Information Commissioner's office to "lean" on this care home rather more forcefully? Maybe get the care home to divulge the care records to them ... and they'd pass them on to you, as is your right???
 

Poppyfields

Registered User
Sep 12, 2013
69
Yes, am in the process of doing just that.

However, I would like to know how long a care home holds on to former resident's records/files - and do they have to abide by my request that the files are not destroyed, as I am pursuing this down the legal route?