• Expert Q&A: Rare dementias - Tues 3 March, 3-4pm

    Our next expert Q&A will be on the topic of rare dementias. It will be hosted by Nikki and Seb from Rare Dementia Support. If you have any questions about rare dementias, they will be here to answer them on Tuesday 3 March between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

Copies of Care plans.

zena285

Registered User
Oct 14, 2013
39
I asked my mum's care home for copies of recent care plans, she has been in the home for eighteen months and we haven't seen one yet. I thought they may come in handy for possible appeal for CHC, still waiting for the decision for that one and it was completed in December:(
The Home have said due to Data Protection, that old chestnut:rolleyes:we couldn't have copies but we could look at them in the Home under supervision. We have LPA Health & Welfare aswell as the one for Finance, the Home has got a copy of this, are they correct in saying that I can't have any copies?
 

balloo

Registered User
Sep 21, 2013
227
northamptonshire
I asked my mum's care home for copies of recent care plans, she has been in the home for eighteen months and we haven't seen one yet. I thought they may come in handy for possible appeal for CHC, still waiting for the decision for that one and it was completed in December:(
The Home have said due to Data Protection, that old chestnut:rolleyes:we couldn't have copies but we could look at them in the Home under supervision. We have LPA Health & Welfare aswell as the one for Finance, the Home has got a copy of this, are they correct in saying that I can't have any copies?
I would of thought you had every right to se them and I would insist in having a copy .it could be the cost they worry about offer to ay to have it photo copied .
 

zena285

Registered User
Oct 14, 2013
39
I don't have a problem with paying the costs to reproduce the plans and I don't expect to have the last eighteen months but the last six months will do and after that I'd like to have them monthly.
I think I read somewhere that I can apply in writing requesting the plans and that they have up to 40 days to respond?
 

Pete R

Registered User
Jul 26, 2014
2,044
Staffs
I don't have a problem with paying the costs to reproduce the plans and I don't expect to have the last eighteen months but the last six months will do and after that I'd like to have them monthly.
I think I read somewhere that I can apply in writing requesting the plans and that they have up to 40 days to respond?
Unfortunately the favourite stock answer for most organisations is "NO sorry, Data Protection".

You have a right to the information and this link is to Information Commissioner's Office who oversee the Data Protection Act and explains it all.

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Simply, you find out from the home or the internet who the "Data Protection Officer" is for the home. Depending on the size of the company there could be just one person or a whole department. If there is not a form available on line give them a ring and they will probably send you one. Fill in the form, outlining what it is you want and along with £10 send it off and they then have 40 calendar days to respond.

There can be a heck of a lot of work involved for just £10 so after swotting up from that link maybe the manager will be a little forthcoming although it may well be out of their hands.

However do bear in mind what such a request may have on your relationship with the home:(

Good luck.:)
 

zena285

Registered User
Oct 14, 2013
39
Thank you Pete R and balloo, I appreciate your help and the link, I will have a look at the info this evening, hopefully it will be light reading:)
 

katie1

Registered User
Aug 5, 2014
122
Kendal Cumbria
Unfortunately the favourite stock answer for most organisations is "NO sorry, Data Protection".

You have a right to the information and this link is to Information Commissioner's Office who oversee the Data Protection Act and explains it all.

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Simply, you find out from the home or the internet who the "Data Protection Officer" is for the home. Depending on the size of the company there could be just one person or a whole department. If there is not a form available on line give them a ring and they will probably send you one. Fill in the form, outlining what it is you want and along with £10 send it off and they then have 40 calendar days to respond.

There can be a heck of a lot of work involved for just £10 so after swotting up from that link maybe the manager will be a little forthcoming although it may well be out of their hands.

However do bear in mind what such a request may have on your relationship with the home:(

Good luck.:)
Would this be applicable for records from a hospital too? we would like copies of the medical records and the mental health report that was submitted with the DST document to the panel for the NHS CHC recently for my Dad. I know we are entitled to a copy of the DST but what about the medical records and mental health report that was submitted as part of it? can we legally (?) obtain them through this method?
 

Pete R

Registered User
Jul 26, 2014
2,044
Staffs
Would this be applicable for records from a hospital too? we would like copies of the medical records and the mental health report that was submitted with the DST document to the panel for the NHS CHC recently for my Dad. I know we are entitled to a copy of the DST but what about the medical records and mental health report that was submitted as part of it? can we legally (?) obtain them through this method?
"Information that forms part of a health record about a living
individual is the personal data of the individual it relates to,
regardless of the form in which it is held. This means that a subject
access request (SAR) can be made for health records kept in
manual form, eg on paper or in GP’s medical notes wallets, as well
as for health records kept electronically."


A quote from the ICO pages.:)
 

Pete R

Registered User
Jul 26, 2014
2,044
Staffs
I don't have a problem with paying the costs to reproduce the plans.............
Apologies zena285 I may have given you some wrong information about costs.:eek:

I have made one SaR for medical records and numerous to the Police and have only ever been charged £10.

However I was reading through some of the links and found that with regard to medical records being in paper form they can charge up to £50 or offer you the choice to read them for free.
 

sistermillicent

Registered User
Jan 30, 2009
2,949
There can sometimes be data protection issues if the names of other residents appear in the notes. (for example Mr X pushed Mr Y over) This shouldn't happen these days as everyone completing notes should know not to name another individual. (but where I work this still happens, some people just don't get it!)
Also it used to be that permission had to be sought from people who don't work in the Gp surgery or care home for letters on file in the patient's notes that they have written to be released.
I am not sure if that is still the case.
It is important to protect sensitive data but it is also important for anyone completing a legal record such as patients notes or day books or anything else to be aware that what they write may well be read by others or the patient themselves. So they should not hide behind data protection.
Confidentiality would be another possible issue. I have all sorts of people demanding notes of children I look after and when I say I need the request in writing and will be seeking permission to release the information I sometimes just get abuse.