Local Authority Witholding My Mother's Health Records
Discussion
Bit of a question for the legal bods here regarding Power of Attourney.
Basically to cut a long story short, my mother has been in a local authority dementia home for the last four years.
Found out that she could be eligible for Continued Health Care cists as she meets a few of the criteria.
A company specialising in such things wants to draw up a case on her behalf.
Now this started back in May and the local authority are refusing to release her medical records to said company as I only have Property & Finance LPA and not Health & Welfare LPA. Even though this has nothing to do with health and medication and everything to do with funding her (not small) care-home costs.
The company sent the local authority an email from the Information Commisioner's Office saying that my LPA was valid, but as that email was dated 2018, they dismissed it and are still refusing to release the records.
The company are saying the ICO are still deliberating, but I cannot see this as a valid excuse, considering their 2018 email.
All in all a frustrating situation with a feeling of being let down all over and a sense of helplessness and annoyance with all the bureaucracy.
Cheers for any info/advice.
Basically to cut a long story short, my mother has been in a local authority dementia home for the last four years.
Found out that she could be eligible for Continued Health Care cists as she meets a few of the criteria.
A company specialising in such things wants to draw up a case on her behalf.
Now this started back in May and the local authority are refusing to release her medical records to said company as I only have Property & Finance LPA and not Health & Welfare LPA. Even though this has nothing to do with health and medication and everything to do with funding her (not small) care-home costs.
The company sent the local authority an email from the Information Commisioner's Office saying that my LPA was valid, but as that email was dated 2018, they dismissed it and are still refusing to release the records.
The company are saying the ICO are still deliberating, but I cannot see this as a valid excuse, considering their 2018 email.
All in all a frustrating situation with a feeling of being let down all over and a sense of helplessness and annoyance with all the bureaucracy.
Cheers for any info/advice.
vixen1700 said:
The company sent the local authority an email from the Information Commisioner's Office saying that my LPA was valid, but as that email was dated 2018, they dismissed it and are still refusing to release the records.
If they dismissed it because it was dated 2018, asking them to send in a new one would be my first step.But you have my sympathy; at times like this 'The State' can close ranks on the family just when you don't need it. They are powerful and slow, ridden with jobsworths and empire-builders, and in this case are probably trying to avoid paying CHC because it's so expensive.
When I found that Social Services had built a wall around my mother and were treating me, her closest next of kin, like an alien, I was very fortunate to bump into a County Councillor at a social event who just happened to have special responsibility for the elderly. She kicked Social Services up the arse and that got things going.
'Under, over, round, through'.
NB How much are the company charging? You could probably pursue it yourself.
Edited by Simpo Two on Thursday 20th November 12:52
Sympathies.
It can be a grey area between those 2 types of LPA although its the request to release medical documents that defines it.
You can try 2 further options.
1) Speak to her GP using the next of kin tag to explain and get the record released.
2) Email the CEO of the LA with the polite request to have a member of their Executive team look into.
I had LPA ( both ) for an elderly relative and had to resort to the latter when the social worker became less than useless.
I had to do the former when my Mum started having tests and they were delayed by some considerable time.
Luckily the receptionist ( and you always have to bite your lip and be extra nice when speaking ) had seen my Mum the day before who had mentioned to her her son would be calling.
The GP phoned me the next day so at least that was something.
Best of luck.
It can be a grey area between those 2 types of LPA although its the request to release medical documents that defines it.
You can try 2 further options.
1) Speak to her GP using the next of kin tag to explain and get the record released.
2) Email the CEO of the LA with the polite request to have a member of their Executive team look into.
I had LPA ( both ) for an elderly relative and had to resort to the latter when the social worker became less than useless.
I had to do the former when my Mum started having tests and they were delayed by some considerable time.
Luckily the receptionist ( and you always have to bite your lip and be extra nice when speaking ) had seen my Mum the day before who had mentioned to her her son would be calling.
The GP phoned me the next day so at least that was something.
Best of luck.
Simpo Two said:
If they dismissed it because it was dated 2018, asking them to send in a new one would be my first step.
But you have my sympathy; at times like this 'The State' can close ranks on the family just when you don't need it. They are powerful and slow, ridden with jobsworths and empire-builders, and in this case are probably trying to avoid paying CHC because it's so expensive.
When I found that Social Services had built a wall around my mother and were treating me, her closest next of kin, like an alien, I was very fortunate to bump into a County Councillor at a social event who just happened to have special responsibility for the elderly. She kicked Social Services up the arse and that got things going.
'Under, over, round, through'.
NB How much are the company charging? You could probably pursue it yourself.
I've mentioned to the company twice now to get the ICO to resend the authorisation over again with a new up to date email, but they are notoriously slow and have huge backlogs. Apparently. But you have my sympathy; at times like this 'The State' can close ranks on the family just when you don't need it. They are powerful and slow, ridden with jobsworths and empire-builders, and in this case are probably trying to avoid paying CHC because it's so expensive.
When I found that Social Services had built a wall around my mother and were treating me, her closest next of kin, like an alien, I was very fortunate to bump into a County Councillor at a social event who just happened to have special responsibility for the elderly. She kicked Social Services up the arse and that got things going.
'Under, over, round, through'.
NB How much are the company charging? You could probably pursue it yourself.
Edited by Simpo Two on Thursday 20th November 12:52
The thing is, it wouldn't be the local authority footing the CHC bill, it would be central government and they have the funds put aside for it. Such ghastly jobsworths everywhere.
From what I've read, persuing it privately is a total no go, the local authorities make it very difficult, and that's even when you've produced a valid case.
I had no idea getting the medical records to produce a legitimate case would be so difficult in itself, haven't even got past the first hurdle yet.
vixen1700 said:
I've mentioned to the company twice now to get the ICO to resend the authorisation over again with a new up to date email, but they are notoriously slow and have huge backlogs. Apparently.
The thing is, it wouldn't be the local authority footing the CHC bill, it would be central government and they have the funds put aside for it. Such ghastly jobsworths everywhere.
From what I've read, persuing it privately is a total no go, the local authorities make it very difficult, and that's even when you've produced a valid case.
I had no idea getting the medical records to produce a legitimate case would be so difficult in itself, haven't even got past the first hurdle yet.
Just on the Continuing care aspect I assume you've read the book published on this ?The thing is, it wouldn't be the local authority footing the CHC bill, it would be central government and they have the funds put aside for it. Such ghastly jobsworths everywhere.
From what I've read, persuing it privately is a total no go, the local authorities make it very difficult, and that's even when you've produced a valid case.
I had no idea getting the medical records to produce a legitimate case would be so difficult in itself, haven't even got past the first hurdle yet.
There was a thread here about it which may have a link ?
alscar said:
I haven't even got to assessor denial yet due to these b
ds. Just winding this back a bit...
vixen1700 said:
Now this started back in May and the local authority are refusing to release her medical records
Presumably the records started at her GP, and the GP sent them to the LA on their request. Can the GP not also send them to you, thus avoiding the roadblock? If you phrase the request right it might just work.Simpo Two said:
Presumably the records started at her GP, and the GP sent them to the LA on their request. Can the GP not also send them to you, thus avoiding the roadblock? If you phrase the request right it might just work.
Hmmm, a lot has gone on with her over the last four years, so not entirely sure the GP would be aware. She's had strokes, falls, leg-breaks, you name it since 2021 after she went into the care-home. She's 91 years old. I'm assuming this would be all the information that would be needed and none of that has had anything to do with her GP.
Not entirely sure who her GP is either.
As you can probably guess, I have no idea how any of this GP/medical stuff works, it's totally alien to me.
vixen1700 said:
Hmmm, a lot has gone on with her over the last four years, so not entirely sure the GP would be aware. She's had strokes, falls, leg-breaks, you name it since 2021 after she went into the care-home. She's 91 years old.
I'm assuming this would be all the information that would be needed and none of that has had anything to do with her GP.
Not entirely sure who her GP is either.
As you can probably guess, I have no idea how any of this GP/medical stuff works, it's totally alien to me.
As I understand it everyone is registered with a GP, usually at the nearest clinic to where they live, and I would have thought that any medical incidents or updates occurring in the care home would have been passed back to them. Care homes don't contain doctors.I'm assuming this would be all the information that would be needed and none of that has had anything to do with her GP.
Not entirely sure who her GP is either.
As you can probably guess, I have no idea how any of this GP/medical stuff works, it's totally alien to me.
If anyone here works at a care home can you confirm/deny this? Or ring your own GP reception and ask the general question of what happens when one of their patients goes into care.
My sympathies OP; my dad was 'only' in care with Alzheimer's for 18 months before he died, so it was all a lot less drawn out with your circumstances.
In my Dad's case his lifetime GP was dismissed and replaced by one appointed by the care home, I never actually met him.
I guess that is sensible purely from a logistics perspective, in so much as they can attend to a lot of patients with similar care needs all in situ in one building at the same time.
In my Dad's case his lifetime GP was dismissed and replaced by one appointed by the care home, I never actually met him.
I guess that is sensible purely from a logistics perspective, in so much as they can attend to a lot of patients with similar care needs all in situ in one building at the same time.
With regards to the ICO - I’m professionally advancing a civil litigation case against a Government body and have made a lawful SAR to that Government body for some early disclosure. The Government body concerned, have responded to admit they have seemingly and very conveniently ‘lost’ every single record they ever held, and if I’m unhappy, then I must complain about them to the ICO.
ICO claim to have a MINIMUM eight month lead-time to even read any complaint I may wish to make.
It is becoming more and more apparent that if someone wants to dodge a SAR, then all they’re doing is referring people to the ICO, safe in the knowledge that they’ll probably never hear of it again.
It’s outrageous when you think about it.
ICO claim to have a MINIMUM eight month lead-time to even read any complaint I may wish to make.
It is becoming more and more apparent that if someone wants to dodge a SAR, then all they’re doing is referring people to the ICO, safe in the knowledge that they’ll probably never hear of it again.
It’s outrageous when you think about it.
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