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Professionals sharing information
Under common law personal information must not be disclosed without the consent of the person concerned. If the person is incapable of giving consent their doctor can disclose information if he or she believe that it is in the person's best interest.Health and other professionals may consider breaching confidentiality if it is likely that harm would result from not doing so. This might be done in the 'public interest' for example if someone has a history of violence. Disclosure without consent should be limited to sharing information with those who have a legitimate right to know.
A fundamental principle of mental health care is that users of services should be involved in the care process. Similarly carers have a valuable contribution to make and should be involved wherever possible. In addition, provided the person gives their consent, their carers should receive a copy of the care plan.
Those closest to a person with a mental health problem may be able to help the team in a number of ways, through identifying particular social care needs or by encouraging the person to keep to his or her care plan. If a person specifically asks that his or her family and carers should not be involved, then apart from the situations in which the law requires disclosure these wishes must be respected. This can be very difficult you but should not stop you from approaching the community Mental Health Team to ask for general advice and information.
In cases where compulsory admission to hospital is being considered Approved Social Workers have a statutory duty to inform the nearest relative. The term 'nearest relative' is applied to a person who has certain rights in connection with the treatment and care of a mentally ill person and is the person who comes highest on the following list:
- Husband or Wife (including a partner who has lived with the person as their husband or wife for more that six months)
- Eldest child
- Eldest parent
- Eldest brother or sister
- Eldest grandparent
- Eldest grandchild
- Eldest uncle / aunt
- Eldest nephew / niece
A 'nearest relative' must be over 18.
Wherever possible the you should encourage the person you care for to include you in their care plans, sometimes this is easier if it is decided when the person is well. You may also want to check when consent was last checked with the person you care for.
There are people who can help: