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Care home refusing to produce documents
Hi.
A care home (owned and run by a charity) have refused to provide their documents ( carer notes) regarding a resident who died shortly after being admitted to hospital from their care .
The ICO have been unable to help as GDPR doesn't apply to deceased persons.
A solicitor wouldn't commit to taking on a negligence case on a "no win no fee" basis without sight of the documents and has said they can only request the documents if they're taking on the case.
The person's family don't have the money to pay solicitors fees.
The person's assets including her property were all ( aside from the £14,250) used to pay for care and even once the LA started part funding the care the daughter was paying the £200 per week "top up" fee .
Does anyone have any suggestions please?
I believe the LA will have copies of the documents as there was a section 42 safeguarding enquiry following the residents death , and also several prior to that.
The ambulance service and NHS staff in A/E submitted safeguarding concerns when they were taken to hospital.
I thought I'd read something about releasing documents if it was in the public interest to do so . I'm aware that currently there are other Section 42 safeguarding investigations in progress regarding other issues/ residents who were living at the same establishment.
Thank you.
A care home (owned and run by a charity) have refused to provide their documents ( carer notes) regarding a resident who died shortly after being admitted to hospital from their care .
The ICO have been unable to help as GDPR doesn't apply to deceased persons.
A solicitor wouldn't commit to taking on a negligence case on a "no win no fee" basis without sight of the documents and has said they can only request the documents if they're taking on the case.
The person's family don't have the money to pay solicitors fees.
The person's assets including her property were all ( aside from the £14,250) used to pay for care and even once the LA started part funding the care the daughter was paying the £200 per week "top up" fee .
Does anyone have any suggestions please?
I believe the LA will have copies of the documents as there was a section 42 safeguarding enquiry following the residents death , and also several prior to that.
The ambulance service and NHS staff in A/E submitted safeguarding concerns when they were taken to hospital.
I thought I'd read something about releasing documents if it was in the public interest to do so . I'm aware that currently there are other Section 42 safeguarding investigations in progress regarding other issues/ residents who were living at the same establishment.
Thank you.
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