The opposite view point

[JPG1]

The SS have refused to give my father access to his mental capacity test that they claim to have done. The reason stated is that they do not have the authority to disclose information provided by the health care team involved in his assessment. Typical attitude I have come to expect from them.

In words of one syllable or two - rubbish!

The records are your father's property.

If the SS claim to have carried out the assessment, then it's a so-called 'social care' record. [Unless, of course, the SS only 'claim' to have carried out this assessment.]

If the Health care team claim to have carried out the assessment, then it's a 'health/mecial' record.

If you are dealing with a Mental Health Care of Older People team, you're dealing with a hybrid!!! But ....

Either way, it belongs to your father. Your father has a right under the DPA and the Access to Social Care/Health/Medical Records Acts to have a copy of it.

Unless some Big Wig decides that it would be 'seriously damaging' to your father to have access to it.

 

[Mr_Angry]

SS trying to play hard ball

Agreeded under the DPA my father should have access to the mental capacity assessment results. I suspect that the SS failed to have him declared mental and are waiting for me to get him out of the care home to slap a DOL on him.

Again thanks for everyone on this site who replies. I get more help here and from my own research than from my lawyer.

 

[60schild]

Hi Mr Angry,

I've just sent you a PM re: finding a lawyer experienced in this area.