Rights of next of kin to records

[Suin]

I have a relation who is a mencap client in a supported living setting.

Have I a right to view records being kept by staff?

Both medical and daily record?

Many thanks in advance.

[Sarah_Mencap]

Hello Suin. Can I just ask. Does your relative have mental capacity or not? Here is a bit more info about capacity - mencap.org.uk/advice-and-su...

I think this will affect what you can and cannot do.

thanks

Sarah

[Suin in reply to Sarah_Mencap]

His mental capacity is limited thanks Sarah

[Sarah_Mencap]

hi again Suin

I have asked our GDPR experts here for a bit of advice about this one. This is what they said - bear with me, some of the wording is a bit tricky but it sticks to what the law says:

"GDPR does not prevent an individual (your relative) making a subject access request via a third party (you) but Mencap will need to be satisfied that the third party making the request (you) is entitled to act on behalf the data subject (your relative). It is the responsibility of the third party requesting the data (you) to provide evidence of this entitlement.

This might be a written authority to make the request or it might be a power of attorney. Mencap will need to validate the third party’s identity (you) as well as a written request from the person we support in question authorising the third party (you) to request the data on their behalf.

There are cases where an individual does not have the mental capacity to manage their own affairs. Although there are no specific provisions in the GDPR, the Mental Capacity Act 2005 or in the Adults with Incapacity (Scotland) Act 2000 enabling a third party to exercise subject access rights on behalf of such an individual, it is reasonable to assume that an attorney with authority to manage the property and affairs of an individual will have the appropriate authority.

"

I really hope this helps. Do you have power of attorney set up for your relative? It might be worth exploring.

It would be great to hear from other people on here who have been through this sort of thing.

Many thanks

Sarah

[Suin in reply to Sarah_Mencap]

Thank you Sarah, yes power of attorney is set up, it’s more what should Mencap make available to me? As I am being refused sight of medical and daily records kept by staff.

What are the policies surrounding this information?

Many thanks 🌸

[Sarah_Mencap in reply to Suin]

Hi

I've got back to check about this again:

This would be treated as a subject access request. You should send in a request to the Data Protection Officer, either via email or a letter, which will then start the process and the necessary checks to obtain proof of identity. The full details are:

Email: [e-mail]

John Cowman

Data Protection Officer

123 Golden Lane

London

EC1Y 0RT

I really hope this helps. Please let us know how you get on.

thanks

Sarah

[Suin in reply to Sarah_Mencap]

Thank you Sarah