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Original poster

When is accessing an NHS patient record classed as wrong?

151 replies

Sp3849 · 11/12/2023 23:50

So I work for CAMHS as a secretary. My son who has autism was referred into CAMHS 18 months ago and I have heard nothing. I have rang and rang the doctors to chase and they say they have expedited it and can't do much more but I know a referral for mental health should not take this long. After asking colleagues for months to keep an eye out for his referral I was told last week after being beside myself because my son was so poorly by a colleague to check his file to see what the hold up is and if the referral had been picked up and we had missed it . Now this is a job I do on a daily basis. Parents always phone to check on referrals for progress updates for Thier children I really didn't think it would be an issue. How wrong was I! Had an email today and I am being investigated by information governance for accessing my son's health record. I have a meeting with my manager on Wednesday to discuss what I have done and I am not sure what to expect. As he was being referred to us surely I can check that referral? He would be a patient anyway. I didn't look at anything else or do anything else. It turns out when looking the silly g.p referred to the wrong service anyway and it was sent back last to year and go has done nothing with it

OP posts:
penjil · 12/12/2023 01:35

How did her work know she had looked up her son's file?

It seemed like the alarm was raised quickly too, but how?

How was an alarm bell raised on the system?

WandaWonder · 12/12/2023 01:37

You know it is wrong because it would have been part of your contract when you started which you would have read and signed

And I presume they would also have explained who access is recorded

JaneIves · 12/12/2023 01:42

I would be speaking to your union rep if I were you.

As you've discovered, it's a never event.

Your best bet is to be completely open and honest about your reasons for doing so, and I do get why you did it.
It doesn't make it right, but you are a parent that is desperate to help their child, and obviously willing to put their own job on the line.

Interested in this thread?

Then you might like threads about this subject:

General health
strawberrysea · 12/12/2023 01:49

It's always wrong. This sounds so stressful for you and I empathise but you absolutely cannot check any patients records unless it's necessary in the course of your duties. You can't even check your own. As others have mentioned this is a sackable offence so please please don't do it again for the sake of your job!!

LoudSnoringDog · 12/12/2023 02:09

As an NHS manager I’m amazed that you wouldn’t already know this if you work in admin. It’s gross misconduct and would be viewed very seriously by the trust. Not having any update on the referral is not enough mitigation for accessing your sons patient record.

kissnm · 12/12/2023 02:29

There’s no excuse, it’s drilled into staff from day 1 not to access their own records or friends/family/anyone with no BUSINESS need.

StrugglingwithmyMH · 12/12/2023 02:35

Your son is autistic, you’re probably his carer and know all about him anyway you’re his parent for gods sake nothing on there you don’t know

waytooearlyforthis · 12/12/2023 02:38

StrugglingwithmyMH · 12/12/2023 02:35

Your son is autistic, you’re probably his carer and know all about him anyway you’re his parent for gods sake nothing on there you don’t know

Edited

It's not that though it's that the fundamental trust has been broken. It's almost always gross misconduct and potentially reported to the ICO

Tilllly · 12/12/2023 02:41

Your only defence here is if you've not had training in information security or if that's out of date

I understand your rationale but it's still an unacceptable breach

Tilllly · 12/12/2023 02:42

StrugglingwithmyMH · 12/12/2023 02:35

Your son is autistic, you’re probably his carer and know all about him anyway you’re his parent for gods sake nothing on there you don’t know

Edited

That's irrelevant

Sholkedabemus · 12/12/2023 02:52

Retired nurse here. Yes it was wrong to access your son’s record, however they will investigate and you will be sent for further training. There are mitigating circumstances here and NHS managers are human beings. You won’t be sacked, I’m sure.

SD1978 · 12/12/2023 02:53

In most trusts accessing your or your relatives files- and another adults files (as your son is 18) is an immediate termination of contract. Can you get your colleague to write an affidavit to say they had requested you to do this? Do you have union representation? It's gross misconduct. And is part of your induction for any organisation within health care.

kissnm · 12/12/2023 03:05

StrugglingwithmyMH · 12/12/2023 02:35

Your son is autistic, you’re probably his carer and know all about him anyway you’re his parent for gods sake nothing on there you don’t know

Edited

what in the cases where the parent is estranged or abusive ? Is it okay for any parent to access their child’s records? If not, how is the employer supposed to know where to draw the line?

Sholkedabemus · 12/12/2023 03:08

SD1978 · 12/12/2023 02:53

In most trusts accessing your or your relatives files- and another adults files (as your son is 18) is an immediate termination of contract. Can you get your colleague to write an affidavit to say they had requested you to do this? Do you have union representation? It's gross misconduct. And is part of your induction for any organisation within health care.

Please don’t try and get a colleague to lie for you. Just tell the truth.

Tilllly · 12/12/2023 03:13

@Sholkedabemus a colleague did say to check what the hold up was

Q is - was that a colleague offering a suggestion
Or an instruction that they had the authority to make

WandaWonder · 12/12/2023 03:13

SD1978 · 12/12/2023 02:53

In most trusts accessing your or your relatives files- and another adults files (as your son is 18) is an immediate termination of contract. Can you get your colleague to write an affidavit to say they had requested you to do this? Do you have union representation? It's gross misconduct. And is part of your induction for any organisation within health care.

DO NOT DO THIS seriously no!!!!!!

Kimmeridge · 12/12/2023 03:22

Can you get your colleague to write an affidavit to say they had requested you to do this

So get a colleague to lie & get dragged into this shambles. Don't be so bloody stupid. What would posess you to think that was a good idea

Fivepigeons · 12/12/2023 03:32

I work with medical records too and yes you will get into trouble for accessing anything personal including your own record! As you are at work and not supposed to use the system for personal reasons only for legitimate work purposes. Surely they made this very clear in training? They did with me. They put the fear of god in you 'do not access records for personal reasons or you'll suffer the full hand of the law!!'

monsteraa · 12/12/2023 03:36

You can't just use your position to check up on your family members' referrals. People who don't work in the NHS can't do that. It makes it massively unfair, not to mention all of the issues around privacy and data protection.

I'm a bit baffled you didn't know that this is not OK through your GDPR/ data protection training.

salamirose · 12/12/2023 03:39

Sorry but either your training was incredibly shit or I'd prepare for the worst

Bournetilly · 12/12/2023 03:47

You deal with this every day so why have you spent months trying to chase up doctors when all you needed to do was ring up and ask for an update. You should of rang up like everyone else then one of your colleagues could of checked for you without breaking any rules.

Bournetilly · 12/12/2023 03:48

I’m not sure how they would realise so quick that you had done this though.

TheMiddleLight · 12/12/2023 03:50

penjil · 12/12/2023 01:35

How did her work know she had looked up her son's file?

It seemed like the alarm was raised quickly too, but how?

How was an alarm bell raised on the system?

Perhaps the colleague had to make a report of what happened.

Toddlerteaplease · 12/12/2023 04:16

Surely you know that you can't check your own or anyone you know's records. It's made quite clear. Hopefully you'll just get a formal warning. At worst you'll be sacked.

Toddlerteaplease · 12/12/2023 04:17

Firecarrier · 12/12/2023 00:16

I know nothing about this but would it make a difference if her son is a minor?

Nope. Still not allowed.

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