Hi Sheila, we have a resident being transferred from our home to another care home. The new care home is asking for some of our care records for the resident, legally how do we stand?

Answered by Sheila Scott

Dear J,

Thank you for your question.

I have discussed the question, which I don’t think I have ever been asked before, with Philippa Shirtcliffe  who is QCS’s Head of Quality and this is what we believe to be the answer to your question:

In terms of confidentiality and GDPR, GDPR should not be a barrier to information sharing.

CQC states in Regulation 12 – Safe care and treatment

“Where responsibility for the care and treatment of service users is shared with, or transferred to, other persons, working with such other persons, service users and other appropriate persons to ensure that timely care planning takes place to ensure the health, safety and welfare of the service users.”

The guidance states:

“The provider must actively work with others, both internally and externally, to make sure that care and treatment remains safe for people using services.”

When care is shared between two or more providers or where there are integrated services, there should be appropriate arrangements to share relevant information promptly and in line with current legislation and guidance, and to plan and deliver care in partnership.

Regulation 9 Person centred care guidance states:

Where providers share responsibility for providing care and treatment with other services through partnership working, integrated care and multidisciplinary assessments, they should also take into account information from all relevant teams, staff and services

They should be given access to the care plan documents to ensure a seamless transfer in the best interest of the service user.

In terms of consent, the family would not be an option for consent unless they have legal authority to give that consent, it would be the service user first and if they lack capacity then those with the legal authority to provide consent can do so.

I hope that this is helpful.

With best wishes.

Sheila