Anne The general information leaflet has its place to inform that some information will be shared with Social Services (to arrange home visits etc), but this doesn't include the sharing of detailed clinical information without consent. Nic Drew DPO Cardiff and Vale NHS Trust -----Original Message----- From: Anne Gadsden [mailto:[log in to unmask]] Sent: 30 January 2006 13:18 To: [log in to unmask] Subject: NHS Trust sharing information with Social Services - explicit consent? We have received a complaint recently from a patient's family, which (among a raft of issues) includes a DPA issue. Staff on the ward contacted Social Services in order to ensure provision of care for the patient in the community after discharge. It is not clear whether this was discussed with the patient. The family only became aware that this had happened when Social Services contacted them to discuss the discharge arrangements with the family, at the same time the family were told certain details of the patient's health status that they had not previously known (the hospital staff had not told them). I take the view that explicit patient consent should have been obtained from the patient before information was shared with Social Services (he was mentally capable of providing consent), and that this should have been written in his health records in some way, even if only as a brief note to the effect that his discharge arrangements had been discussed with him. Alternative opinion within the Trust is that providing patients with a general leaflet on "Protection and Use of Patient Information" which includes "Everyone working in the NHS has a duty to keep information about you confidential. However, you may be receiving care from other people, as well as the NHS. to enable us to work together for your benefit, we may need to share some information about you." is sufficient to assume implicit consent under the Data Protection Act, and we are covered by that leaflet (if we can prove that it was handed out to the patient or his relative) What are your view on this one? I am aware of the fact that practically it is difficult to obtain and record explicit consent to sharing information on busy wards in each and every circumstance, but I am also very uneasy about assuming that patients are happy for us to share information (even for the best possible reasons) unless they tell us otherwise. Your help with this one is very much appreciated. Anne Anne Gadsden AHRIM Information Governance Officer Information Services Department North Cumbria Acute Hospitals NHS Trust Cumberland Infirmary Carlisle CA2 7HY 01228 814539 (direct line) e-mail: [log in to unmask] ____ This email (and any attachment(s)) is private and intended solely for the recipient. Its unauthorized use, disclosure, storage or copying is not permitted. If you are not the intended recipient please destroy all copies and inform the sender by return e-mail. Internet e-mail without encryption is not a secure medium as messages can be intercepted and read by someone else. Please bear this in mind when deciding whether to send information by e-mail. 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