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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:
allitdoesisrain · 12/12/2023 07:11

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?

Most systems tag who accesses what and when.

Unfortunately OP, you should have got the information the same way any other parent would have.

I have been in a position where I could have accessed information about my own children but knew not to do so. I only access records when I have to to carry out my role in the organisation.

TheRealProfessorYaffle · 12/12/2023 07:13

There is no way that your basic training to allow you access to the system didn't cover this specific scenario. I have no idea why you are being so disingenuous to ask Mumsnet about what circumstances are acceptable when your Trust training, renewable yearly, has already made you aware this is gross misconduct. In all NHS trusts this behaviour is gross misconduct and we have sacked people for the same. Superbly inappropriate, and your utter lack of shame or awareness about this makes me hope your manager suitably acts upon the policies.

Gnomegnomegnome · 12/12/2023 07:18

You know full well that you shouldn’t have looked. Pretending that you didn’t know would just make it worse.

One of my dc was under the team that I was in so I was seconded elsewhere on my request. I knew that they would get great care but I wanted to be the parent, not the colleague. It was the best thing to do for all of us, the child, me and my colleagues. Was I curious about what was being recorded? Of course! Did I have access to the notes? Yes! Did I look? Absolutely not!

Interested in this thread?

Then you might like threads about this subject:

General health
WillowTit · 12/12/2023 07:20

we had a temp whose dc was on our waiting list, she did ask a colleague, which made us nervous, we suggested she ring us to ask when she got home! problem solved

tass1960 · 12/12/2023 07:24

I was told by my manager on my first day about this - looking at any records with surname same as yours or even people who live in your street would be flagged up instantly - my friend checked her own record and it was flagged immediately and she was spoken to about it. Just a chat - no disciplinary - maybe slightly less controversial since it was her own record and not her son or other family member.

user1471556818 · 12/12/2023 07:43

Basic training covers this obviously it's wrong to look up families records
Hopefully you don't lose your job
Speak to your union rep ASAP
Likely first and final warning
It's a serious data breach.

tealfluff · 12/12/2023 07:49

There’s been a big failure in training here if you didn’t realise this was not ok to do, it was a big thing during my training.

Riverlee · 12/12/2023 07:58

People Are saying that she would have covered this in training. I was told about confidentiality, and not accessing notes you didn’t need to etc, but not for specifically this situation.

yelrac · 12/12/2023 08:08

For those asking how the alarm is raised, one of the systems I've used in this setting has something called 'break the glass' where if you're not actively involved with someone, you have to justify why you're opening the records. I imagine it would be something like this. Additionally in my current job I had to provide details of my family so if I accessed those records ICT would be notified.

ThickSkinnedSoWhat · 12/12/2023 08:34

If you honestly consider it acceptable that you did this and cannot see what is wrong about it, then I suggest resigning even if you aren't sacked as you are not suitable to be in such a job.

WandaWonder · 12/12/2023 08:36

Riverlee · 12/12/2023 07:58

People Are saying that she would have covered this in training. I was told about confidentiality, and not accessing notes you didn’t need to etc, but not for specifically this situation.

I presume the word confidentiality covers it

meltingpott · 12/12/2023 08:40

I work in NHS admin too, had a similar issue with wanting to chase my son's referral, I asked my manager the proper way and she said I must call, she told me to step out on my break and call her (as any other parent would) and she would look then. It seemed silly at the time (literally standing outside my office to talk to someone inside!😂) but it covered everyone that way, there was a record of the call and I hadn't accessed anything personally on my son's record. I'm so glad we did it that way.

A friend was called in for accessing her child's records, all she wanted to know was his NHS number so she could call a different hospital and chase his referral. As far as I remember nothing happened because the system could see she hadn't actually accessed any records, just loaded up his information, but it was such a stressful time when she was being investigated, I wouldn't wish that on anyone.

OldTinHat · 12/12/2023 08:40

I understand your frustration, OP, but that was not a good idea.

Not NHS, but I discovered that someone who worked for a High St bank had been looking at my account info out of nosiness. I reported and she was fired.

NoNoNanette · 12/12/2023 08:53

Passingthethyme · 12/12/2023 06:42

Wow, this is so wrong. Think about it, as if this was allowed people could be doing it for the wrong reasons. Your colleague would probably face instant dismissal for doing this

And should a trust be employing people who have shown that they think that an absolute 100% rule doesn't apply to me, because I'm 'beside myself', or because someone else said it was OK? I had a case of a probationer who falsified her attendance record because a colleague told her 'it would be all right, we all do it',

WonderingAboutBabies · 12/12/2023 08:57

Sorry OP, you are in the wrong here - you are absolutely not allowed to access your family and your own medical records. You would have had GDPR and Information Governance training in your role. I've worked for the NHS for 6 years and I could technically login and see my own records but I've had training each year and I know it is strictly forbidden and against the law.

LuckyOrMaybe · 12/12/2023 09:05

I'm surprised if a colleague actually suggested you look this up yourself. If that is genuinely what happened then that will be evidence that the training failure applies to more than just you, and might protect you in this investigation.

Hairyfairy01 · 12/12/2023 09:11

Have you ever under taken Information governance training OP? I presume you have but if by any chance you haven't you may have a case.

Otherwise you are buggered I'm afraid, everyone knows this is a complete no (despite I'm sure many of us being tempted from time to time).

CandyLeBonBon · 12/12/2023 09:15

Mental health referrals take ages op. No you shouldn't have looked.

Passingthethyme · 12/12/2023 09:16

I don't understand all the comments re training. I've worked in the health sector, we were told it wasn't allowed due to patient confidentiality. No more training that that was required!

Hairyfairy01 · 12/12/2023 09:17

Passingthethyme · 12/12/2023 09:16

I don't understand all the comments re training. I've worked in the health sector, we were told it wasn't allowed due to patient confidentiality. No more training that that was required!

I guess you might have a case if you don't have any evidence of being told that, you could deny knowing about it. Evidence would normally come from attending IG course (which is mandatory anyway)

itsallabitofamystery · 12/12/2023 09:18

Sorry OP but you will be fired for this. IG manager here, you cannot access family medical records. Unless you can prove you haven't received the necessary training for your job, you will dismissed on the grounds of gross misconduct.

blorm · 12/12/2023 09:18

You should have got training on information governance when you started the job

Original poster
Sp3849 · 12/12/2023 09:23

So I explained to my manager this morning what and how it happened. We have to submit the information to information governance. My colleagues have already said they would support me as they had told me to look as they couldn't see it being wrong as it's part of our job but I wouldn't want to get them involved. I know not to look at and nose around people's files I didn't look at anything other than if a referral had come to my service. My boss said not to worry about it too much as it is part of my job and it has happened many times before, but going forward I will phone my colleague and ask her to check for referral updates. It will be passed back to information governance for an investigation now. In hindsight it was a stupid mistake I realise that now and it is my own fault

OP posts:
Goldwakeme · 12/12/2023 09:26

I don't work in NHS but do have access to confidential personal data, and we have to declare all associations so our access to those files is individually blocked. Surely that would be a better system for NHS as there's no temptation?

itsallabitofamystery · 12/12/2023 09:27

@Sp3849 wow OP I'm glad you didn't make the trust as your response has giant red flags! "This happens often". Really?! I really hope my child isn't under this service!! Hopefully HR will do their jobs and EVERYONE on the service will be made to undertake further training. I'm actually gobsmacked by your line managers response.