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

Answered by Sheila Scott

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