Julie
Generally, when discussing a resident’s personal circumstances in the presence of a relative, you should seek the resident’s explicit consent, preferably in writing.
Here’s why and some important considerations:
1. Confidentiality: Residents’ information, including personal circumstances and medical details, is considered confidential and protected by laws like the UK GDPR and Data Protection Act 2018.
2. Residents’ Rights: Individuals have the right to control how their personal information is shared.
3. Trust: Obtaining consent helps build and maintain a relationship of trust with the resident, ensuring they feel secure and respected.
Key Considerations
1. Resident’s Capacity:
a. If the resident has capacity to consent: You must respect their wishes. Ideally, obtain their explicit and informed consent, which can be given verbally or in writing. Make sure they understand what information will be shared and with whom.
b. If the resident lacks capacity to consent: You need to act in their best interests. This might involve consulting with those close to the resident and considering their previously expressed wishes, beliefs, and values when deciding what information to share with relatives.
2. Scope of Discussion:
a. Clearly establish with the resident (if they have capacity) what information they want shared, with whom, and in what circumstances.
b. Avoid disclosing information beyond what is necessary and agreed upon.
3. Relative’s Role:
a. Clarify the relative’s role and their relationship to the resident.
b. Respect their concerns and wishes, but always prioritize the resident’s rights and preferences.
4. Documentation:
Always document the resident’s consent or reasons for disclosing information without consent, including any discussions held and the basis for your decision.
5. Transparency:
Be transparent with both the resident and the relative about your confidentiality policies and procedures.
In summary, while there may be situations where sharing some information with a relative without explicit written consent might be deemed appropriate in the resident’s best interest (e.g., in an emergency and when the resident lacks capacity), seeking the resident’s explicit, informed, and ideally written consent should be the standard practice to uphold their rights and maintain trust.
Sources:
NHS England Digital
GMC website
via Google AI
Nick Stiven
clerk@stjohnswilton.org.uk