Has this Social Worker broken the law?

[Inny1807]

A few months ago, I admitted myself into hospital after suffering from severe depression, I had done something I do now regret earlier that night and made an attempt to end my own life. I was assessed by a crisis team and it was agreed that there were no safeguarding issues to be concerned about. The SW asked me during assessment if I wanted her to notify my ex partner and tell her where I was. (we had been separated for over 6 years) I advised that under no circumstances should she be told anything at all.

During the transfer to hospital she asked me again and once again I confirmed that I do not want my ex partner told anything. Guess What!!!

A few days later I was called by my ex partner who said she had received a call from SW telling her where I was and that I had made an attempt on my own life. I had spoken to PALS and they said she had broken patient confidentiality but they could not act on my behalf as she was a local authority social worker. I have written to the leader of the local authority and I was promised a response by 20th July, this has now passed. What can I do?

IMO she has broken Patient Confidentiality, DPA and also my Human Rights by going against my wishes. I do want to take this further but how do I do it?

[nemesis45]

Re: Has this Social Worker broken the law?

A few months ago, I admitted myself into hospital after suffering from severe depression, I had done something I do now regret earlier that night and made an attempt to end my own life. I was assessed by a crisis team and it was agreed that there were no safeguarding issues to be concerned about. The SW asked me during assessment if I wanted her to notify my ex partner and tell her where I was. (we had been separated for over 6 years) I advised that under no circumstances should she be told anything at all.

During the transfer to hospital she asked me again and once again I confirmed that I do not want my ex partner told anything. Guess What!!!

A few days later I was called by my ex partner who said she had received a call from SW telling her where I was and that I had made an attempt on my own life. I had spoken to PALS and they said she had broken patient confidentiality but they could not act on my behalf as she was a local authority social worker. I have written to the leader of the local authority and I was promised a response by 20th July, this has now passed. What can I do?

IMO she has broken Patient Confidentiality, DPA and also my Human Rights by going against my wishes. I do want to take this further but how do I do it?

I agree you had specifically stated that your ex was not to be informed you did this on two occasions so the SW must explain/justify their action.

To go forward you should make a Formal Complaint to the CEO of the Local A.uthority and he/she should take it to the LA's Director of Social Services.

A Formal Complaint Allows 56 days for investigation of and response to the complaint.

nem

[Inny1807]

Re: Has this Social Worker broken the law?

Thanks Nem,

This I have done, what should I do if I get no response or I am not happy with response?

thanks for your answer BTW

[paulajayne]

Re: Has this Social Worker broken the law?

Do not worry about it until you have a response.

If then you are not happy with it then come back and tell the forum.

What would you like to see happen, as the deed is now done.

[nemesis45]

Re: Has this Social Worker broken the law?

Thanks Nem,

This I have done, what should I do if I get no response or I am not happy with response?

thanks for your answer BTW

I don't think there will be any lack of response to a Formal Complaint, it can cause an LA a great deal of problems.

Please try not to get too stressed over this it has happened and it is wrong I think that this has happened to you and if this has caused problems for you and your ex the council and it's employee must answer for their actions.

nem

[Inny1807]

Re: Has this Social Worker broken the law?

Right, I have received an update from the LA who called me and went through my complaint letter and the reasons behind me making it. They have said that the SW felt that there were Child Safety Concerns and this was the reason why she felt it necessary to contact my ex partner. I pointed out that the Consultant Psychiatrist who was in the same room as the SW had already stated that there were no concerns for anyone's safety. To which the SW had agreed, I also pointed out that if she felt there were safety issues why did she take me to hospital by herself in her own car? And why was I NOT Sectioned?

They then changed their argument to say that it wasnt their SW who told my ex partner but one from another LA. I argued that I gave nobody permission to divulge anything and as their SW was responsible for my well-being she was responsible for any data or information collected. At this point the LA person stated getting flummoxed and even asked if the shoe was on the other foot would I not want to know. (clearly missing the point here)

I have now received an email from them advising that they will not be able to meet the set deadline for the complaint to be handled as they require to investigate further.

I am not convinced that this will be investigated properly and I am being fobbed off, what can I do about this please?

[nemesis45]

Re: Has this Social Worker broken the law?

Right, I have received an update from the LA who called me and went through my complaint letter and the reasons behind me making it. They have said that the SW felt that there were Child Safety Concerns and this was the reason why she felt it necessary to contact my ex partner. I pointed out that the Consultant Psychiatrist who was in the same room as the SW had already stated that there were no concerns for anyone's safety. To which the SW had agreed, I also pointed out that if she felt there were safety issues why did she take me to hospital by herself in her own car? And why was I NOT Sectioned?

They then changed their argument to say that it wasnt their SW who told my ex partner but one from another LA. I argued that I gave nobody permission to divulge anything and as their SW was responsible for my well-being she was responsible for any data or information collected. At this point the LA person stated getting flummoxed and even asked if the shoe was on the other foot would I not want to know. (clearly missing the point here)

I have now received an email from them advising that they will not be able to meet the set deadline for the complaint to be handled as they require to investigate further.

I am not convinced that this will be investigated properly and I am being fobbed off, what can I do about this please?

Now the complaint is in progress there is really nothing further to be done until the LA makes it's final response.

To try to do more now may be more damaging than helpful.

nem

[MissFM]

Re: Has this Social Worker broken the law?

Do be sure to keep a detailed contemporaneous diary recording all contact - names, times, duration - as verbatim as possible. Just in case...:tinysmile_twink_t2: x

[Inny1807]

Re: Has this Social Worker broken the law?

Hi Guys,

I have attached a copy of the final response from the LA. As suspected they are shifting the blame. I have removed details of the staff involved etc but where can I go with this now?

I am still not happy about this and although I can see where they are coming from with regards to safeguarding, my son was never at risk and I still did not give anybody authorisation to disclose confidential information.

[MissFM]

Re: Has this Social Worker broken the law?

Hmmm. I don't think it addresses your main concern, which I understand as being that your permission was sought to contact your ex and was categorically refused, yet they went ahead anyway (without even telling you). You also are certain that there was never any risk to your son at any time and that this was fully acknowledged, both by the Social Worker present and by the Psychiatrist. Yet they're now seeking to use Child Protection issues to justify their action (but at the same time saying it wasn't them).

The letter, to me, implies that no-one really took overall responsibility for your case and mistakes were made both in terms of communication and of judgment within their byzantine ranks. Consequently your express wishes were disregarded. "Child Safety" is, of course, a trump card and one they can and do use to justify all sorts of ill-judged behaviour.

It seems that the buck is now being passed to Sunderland LA.

Depending on how strongly you feel about this, you could reply expressing your dissatisfaction with this response, pointing out your reasons, and also complain to the other LA (who are likely to say that they acted on information received from S Tyneside) and, if you still get no satisfaction, take it to the Omudsman.

If it were me, I would involve (copy in with a covering letter) my MP. I would also copy in and complain to the Head of Social Services, making it clear that he bears the ultimate responsibility for the workings of all his tiers of staff and the system over which he presides. You need to state the outcome you desire.

What do you want to happen in concrete terms?