Hi (another delicate confidentiality issue, opinion sought)

To all especially any local authority OH colleagues as I work for a nameless local authority...

 I wonder if any of you can provide guidance and reassurance  on a delicate issue, (I am of course seeking union guidance and have sought Data Protection information and am awaiting some advice from legal).

 I am a Team Leader, my manager is a non medical Safety ( & OH) Manager. He has requested a copy of an OH report about an employee. I have refused to provide this, as my confidential agreement with the individual to whom it concerns is that it will go to her manager, HR and a copy to herself.

 My manager states that as he is my manager he can demand a copy of the report as basically he trumps me ( so to speak, although he did not use those words to be fair). I have still refused on grounds of confidentiality, professional credibility, consent and data protection. I have advised that I am happy to contact the individual to whom the report concerns and ask consent to release the report, but will not release without that explicit consent, he is unhappy with that suggestion (? why ? principle and his rights as a manager I believe).

 He has as a result gone and had discussions with his manager  ( the senior service director) and  with the organisation HR manager who tell him he is in the right as he is after all “ the overall manager” of OH  and needs to be able to fully discuss the service at senior level if called to do so.

 He has relayed this information to me today ( although this is no longer about the specific report so much as the overall principle) and I have still stood my ground and declined to allow any reports to be released without written consent from the individual's to whom they relate. I have suggested he can seek any report from the individual themselves, or from their manager (and that should again be with consent of the individual and on a need to know basis in line with data protection). He is not happy with my response as he feels as my manager he has a right to access the report ( although agrees at least he cannot access the actual medical files).

 I have provided arguments about professional accountability ( which he states he respects, but this does not appear apparent at this time),  we have discussed that if he “ trumps me”, then his manager “ trumps him” and where does this end!, he agrees that is indeed his opinion and  in fact the case in his view and fully acceptable and remains unhappy with my refusal to step down ( argument wise rather than job wise that is at this point anyway).

 I have suggested that as his wife also works for the organisation, where do we stand if for example she were required to attend the service, since this would also mean he can access that report. He tells me he does understand my position, we generally have a good working relationship and have done so for 2 years, but I am in a position now against him and very senior management and I need all the reassurance and guidance I can get to ensure the right action. ( I believe I am right but you start to have a lot of self doubt with a lot of high level involvement that do not fully understand the OH position). His argument is that the OH report does not contain medical confidentiality, which to some extent is true with our current style, but still has to be protected in line with Data Protection in my opinion (although some arguably do contain medical confidentiality but with consent).

 The current suggestion from him is that we gain consent at the start of the appointment to allow him ( as my manager), his manager ( the service director) and the senior HR manager as well as the usual HR advisor /  and individual’s usual manager to have access to the report if requested. This I think undermines any credibility ( apart from being ridiculous) that we have struggled hard to achieve in recent years. I have asked him to seek a legal opinion from the organisation legal department and we will meet again to discuss this issue. ( Meanwhile I am going on holiday for a week!)

 I believe, from all the evidence I have, that I am in the right to stand my ground, but do not think this issue will now go away as it is a whole big principle thing it seems. We have not had this request in the last 2 years ( since I started there) and not sure why it has come up now.

 Any additional advice appreciated, or has anyone else been in this situation and got suggestions .

(I am well supported luckily by a great team who do understand and we stand united in OH)

Thanks

 Anita Churchouse

Team leader, local authority