Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

09th May 2018

Do we need to get a service user consent before CQC can look at their file?

Hi Sheila, do we have to get a Service User consent before CQC can look at their file?

 

 

Dear D,

 

Thank you for your question.

 

I was keen to make sure that you got the best advice and so I consulted my colleague here at QCS, Abi Spence, QCS's Registration and Inspection Specialist who sent me this very helpful advice.

 

CQC have the right to view.

 

Please see the following document which should be of help to you and which makes clear the powers of CQC:

 

https://www.cqc.org.uk/sites/default/files/accessing_medical_and_care_records_900092.pdf

 

You will also want to view this document on CQC 'Code of Practice'

 

In relation to GPs surgeries, there was quite a stir about medical files, and CQC released this information

 

http://www.cqc.org.uk/guidance-providers/gps/nigels-surgery-12-accessing-medical-records-during-inspections-gp-practices

 

I think it is very much couched in explaining to service users from the outset, their rights around consent to care and treatment, and within that explaining checks may be made  on the home to ensure they are running properly and safely.

 

Homes should always ensure their information is secure, and if requested by CQC, this is done in a discrete, safe and secure way so only those who it is necessary to share information with, see the information as per data protection principles.

 

I am very grateful to Abi for her advice which I think you will find very helpful. Please come back to me if you require any further advice.

 

Sheila

 


*All information is correct at the time of publishing.


About Sheila

Sheila Scott OBE has now retired and over the years , prior to her retirement she has answered thousands of your social questions. You can still access the many questions below.

For Sheila Scott OBE from National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

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