Freedom of information act and access to health records act

[ocdman]

Hello, My mother died and I beleive the social services dept in Scotland were negligent in her care. To me its pretty straight forward with the NHS trust ,after initially loosing her records but after a complaint to the NHS trust , them putting things right and getting right behind in supporting my mother in trying to get the local social services to put the correct level of care in place for my mother.and also my mothers doctor saying a proper care assessment was needed ( the original care assessment was done by a trainee social worker with a qualified one with them ) and lastly the social support company who was put in place by myself , firstly as interim support until the care assessment by the council took place and then carried on in supporting my mother , even they were behind the fight to get the council to put the proper level of care in place. But from the start to finish social services were refusing to put the proper level of care in place .This all happened in a 4-5 moths timescale from me presenting my mother to social services.


So I am at a stage 2 complaint stage and waiting on a response from the social services and my understanding is that after that if im still not happy its on to the public services ombudsman in Scotland.

What I would like to know is how to get the records from the social services dept regarding my deceased mother. I have contacted the information commissioner in Scotland who tells me that the freedom of information act in Scotland has a section that means the records of deceased do not need to be given and the social services would probably quote that opt out clause but they go on to say that the access to heath records act 1990 would give me access to the trust and my mothers Gp reccords which is good and I expect I will use that act to get the records from the trust and Gp but that still leaves me with the problem of how to get the records from the social services dept.?

I would be very grateful for any advice etc

Thanks

David

[ocdman]

Hello,

Further to above post ive been continuing with my fight against Falkirk Council Social services and after a stage 2 reply leaving me with my next port of call to the ombudsman I had written to the council asking for information that they held for my mother . I asked under the freedom of information act Scotland and also under the heath records act Scotland saying her records could fall under both acts .

i received a reply today saying that after checking my mothers records she had expressed that her information could not be shared with anyone. So it's a refusal.

This is doesn't seem right as I had power of attorney and I'm her only relative and executor .

I would be be grateful if anyone in the know about these things could advise me if the council are correct.

thanks

David