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When I send a report for reading prior to its release I have a statement as it as a consent attached for release and it is worded something like.... if you are happy with the report and consent to its release to x please respond by xx if I have not heard from you by that date and time I will notify x that your consent has been withheld and your employer may make management decisions on the information available to them, which may not be in your best interest.
That's not the exact words but the gist of it.


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On Saturday, July 22, 2017, 5:20 pm, Karen Coomer <[log in to unmask]> wrote:

I have just found the original Q&A from the FOM on OH reports when the GMC
changed the guidance. I attach this as one of the questions sets is:

If someone withdraws consent having seen my report, what can I say to the
organisation that commissioned it?

Tell them the truth - simple facts unembellished by supposition or presumed
motives. You
explained the purpose and process of the consultation to the individual who
gave their
consent for both the assessment and the production of a report to the
commissioning
organisation. You conducted your assessment and prepared your report on the
basis of the
evidence you gathered. You offered to show the report to the individual in
advance of
sending it out, in accordance with GMC guidance. The individual accepted
that offer and
having seen your report withdrew consent for it to be sent to the
commissioning organisation.
You are therefore unable to send them the report - unless there are public
interest reasons
for making a disclosure. It will be prudent to have flagged up this
possibility to client
organisations and to have agreed practical or contractual issues such as any
scale of
payments in advance.

Regards
Karen

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of Jane Mountain
Sent: 22 July 2017 10:48
To: [log in to unmask]
Subject: [OCC-HEALTH] Confidentiality

Dear list

Could anyone please advise( I am sure of the correct answer but I would like
to sense check with senior colleagues .)

If a client consents to a management referral then following the
consultation and reading the report from either a physician or anOHA the
client then refuses to allow the report to go back to the business be it Hr
or the manager; then we have an obligation to inform the business in writing
that the client refused to allow the report to be presented therefore the
business must manage the situation without the medical advice and any
recommendations on reasonable adjustments.
A very senior member of our  Dept is of the understanding following a
conference by a respected barrister who shall remain nameless that the
medical professional should Not inform the business of the as this is deemed
as a breach of confidentiality..... this seems to me to be no help to the
business what so ever.. if no information is  provided to the business then
how can the situation be moved on to nest steps which is the aim for all
parties , particularly for the employer .





I would welcome any evidence / advice on this issue.

Thanks
Jane

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