Thank you everyone for your advice.
We came to the conclusion that it would in most cases be a very bad idea to add this to an alleged perpetrators patient record. The only time when it would be attached would be if there were a clinical reason and the perpetrator would be aware. So for instance if the violence could be assosiated with a change of medication or with a pschotic episode. It would be added and explained to them why it was being added.
Chris
--------------------------------------------
On Fri, 8/1/14, James Walkom <[log in to unmask]> wrote:
Subject: Re: [data-protection] Domestic violence recording
To: [log in to unmask]
Date: Friday, August 1, 2014, 8:57 AM
I don't know where
the DV report would come from but I would be careful
about adding anything to anyone else's
report as the alleged perpetrator
is
innocent until proven guilty in a court of law.
-----Original
Message-----
From: This list is for those
interested in Data Protection issues
[mailto:[log in to unmask]]
On Behalf Of Maurice Frankel
Sent: 31 July
2014 17:17
To: [log in to unmask]
Subject: Re: [data-protection] Domestic
violence recording
There
would be a case for adding something to the record of a
child
living in the household if the child
is thought to be at risk.
But not sure about the suggestion at the
bottom. Unlike the solicitor,
the GP
isn't representing one party against another and should
be
capable of treating both when ill.
Maurice Frankel
Campaign for Freedom of Information
On 31 Jul 2014, at 15:12, Paul
Ticher wrote:
> The
question must be: why? If you have a good reason there
is
normally a Data-Protection-compliant
course of action available.
>
> Possible reasons include wanting to ensure
that the victim and
perpetrator are never
given appointments that might bring them into the
clinic at the same time. There may also be a
separate risk to the
clinic staff or other
patients, that staff who have dealings with the
perpetrator need to know about. And given the
controlling nature of
many DV perpetrators
there may well be a case for ensuring that the
staff are alert to any attempt the perpetrator
might make to extract
information about the
victim from the practice by deception (especially
if they are married and there is any likelihood
that staff might assume
it is OK to give
information about one partner to the other).
>
> There is a question
about whether the information should be in the
patient record or whether there should be just
a flag on the patient
record and a separate
risk record, given that patient records could be
shared more widely for medical purposes than
they need to be shared for
the purposes
outlined above.
>
>
Also, just as a solicitor can't act for both parties in
a dispute,
there may be a case for the
practice telling the perpetrator to find
another GP.
>
>
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