Confidentiality?

[Cherylb]

I would be grateful for any advice; my mother was taken to hospital last month from a care home where she had lived for 12 months.
Sadly, mom died on 24th October, a safe guarding referral was made to the home by the sister of the ward my mother was admitted to, due to her condition.
The home were informed 2 days after her hospital admission that we did not want her to return; they advised of the notice that was needed and billed us accordingly.
The safe guarding incident is currently being investigated by social services.
Today a friend of my mothers telephoned the home to request details of where they were situated, this lady had not seen my mother for a length of time. She was told that my mother had passed away in hospital 2 weeks ago. We think social services had informed them of my mothers death, as we have not had any contact with them.
Can anybody advise me if this is a case of breach of confidentiality by the care home? Especially as my mother had not been a resident for a month?
Thank you in advance

[MissFM]

Re: Confidentiality?

Hello Cherylb and welcome to Legal Beagles.

I'm so sorry for your loss. It's so hard losing your mother whatever the circumstances and it sounds as if you have some extra heartache to bear with the safeguarding issues being investigated. :hug:

I can't see how informing someone of a death could be classed as a breach of confidentiality, though, but see what the others think. x

[Amethyst]

Re: Confidentiality?

Are you concerned that Social Services told the Care Home of your mother's passing ? or that the Care Home had informed your Mother's friend ?

If Social Services are investigating the safe guarding referral then I expect the Care Home, as they made the referral, would have been contacted by Social Services as part of the investigation and I don't believe that the fact your mother had passed could be witheld in that situation.

If it's that the CareHome disclosed your Mother's passing to her friend I'm not sure why that would be an issue, so you might need to explain that further.

[Cherylb]

Re: Confidentiality?

Thank you both so much for your response; it is the care home that I am questioning as I appreciate that social services would have shared the death of my mother with the care home.
I was unsure as to how ethical it was that the care home gave this information over the telephone to somebody that they did not know, and I feel it would have been more appropriate for them to have said that my mother was no longer a resident with them and advise the caller to contact family?
My understanding is that a service users confidentiality remains in place even after death, perhaps this refers to more detailed information however.
Thank you again for your comments.

[ssparks2003]

Re: Confidentiality?

as BD&M's (births, deaths and marraiges) are a matter of public record i'm not sure what breech they will have commited.

On a more pragmatic view, a friend of your mothers phoned, would you not have been more miffed if the has lied to her?

[Cherylb]

Re: Confidentiality?

My understanding is that confidentiality remains in place even after death, but perhaps this refers to other matters, which is why I am uncertain about whether this is a breach of confidentiality. My thoughts are that it would have been more ethical for the care home to have said that my mother was no longer a resident ( hadn't been for a month) and advise that the caller contact family, as they did not know who they were talking to. This would not have constituted to them lying.
There are significant inconsistencies with how my mother was cared for, which I will not go into detail about on here but suffice to say that 'miffed' is not a word that anywhere near accurately describes how I and my family are feeling at the moment.

Thank you Amethyst and MissFM for your reply's, I did respond as a post quick reply?

[leclerc]

Re: Confidentiality?

I just want to add the link I've found that may or may not help either the OP or others on the thread to advise: http://www.communitylives.co.uk/cons...litypolicy.pdf

[Cherylb]

Re: Confidentiality?

Thank you so much for this link leclerc, it is really helpful and seems to very much support my initial thinking.

[leclerc]

Re: Confidentiality?

Thank you so much for this link leclerc, it is really helpful and seems to very much support my initial thinking.

I do empathise with you in regards to the fact that your mother was in a care home. My gran had dementia for many years but we were lucky to get her into a nursing home a couple of years prior to her death. Dealing with care homes can be a complete and utter nightmare. My sympathies go out to you for the loss of your mother and, in that respects, all I can say is that the first year afterwards is awful and then it is easier as time goes on but you always miss them at certain times.

[Cherylb]

Re: Confidentiality?

Thank you for your kind words leclerc, I know that time allows us to learn to live with the loss of our loved ones, it's all very raw at the moment.
you are absolutely right about care homes, I hope they are not all the same but this particular one has a lot to answer to, only time will tell if the truth will out. It won't help my mother now but there are 40+ residents, many who don't have family and therefore have nobody to ensure that their basic needs are met, it really is so sad.