3. Ms A complains about the Trust as it will not provide her with information about the cause of her partner’s death, due to his son being the next of kin.
4. Ms A has explained she is tormented by the situation and is unable to grieve and move on. It has also caused her depression.
5. Ms A would like a copy of the Trust’s report about her partner’s treatment and cause of death.
6. This is a short summary to put the complaint into context. We have not included all the details as those involved are already aware of this information.
7. Ms A’s partner was admitted to the Trust on 30 October 2020, and sadly died on 23 November 2020. As Ms A had concerns about her partner’s care while he was an inpatient, she raised a complaint with the Trust on 30 November 2020. However, the Trust was unable to provide her with a copy of the report following its investigation, as her partner’s family did not wish for it to be shared, and she did not have Lasting Power of Attorney nor was his next of kin.
Information about Ms A’s partner’s death
10. When we first conduct a preliminary investigation, we compare what has happened against relevant law, policy, guidance, and standards which explain what should happen. From this, we establish whether there are indications something has gone wrong. We then look at the impact this may have had on the complainant and what actions the organisation has already taken to put things right. This process determines whether there is more we think the Trust should do to remedy its errors and is what we call indications of an unremedied injustice.
11. The Trust’s complaints policy says complaints will be handled in the strictest confidence at all times. Care must be taken throughout the complaints procedure to ensure that any information disclosed about the service user is confined to what is relevant to the investigation of the complaint, and only available to the people who have a demonstrable need for it, in connection with the investigation. Personal information must not be disclosed unless the patient has given their permission.
12. In addition to this, the policy is explicit that proof of identity of the next of kin or personal representative will also be required if the complaint is made on behalf of a person unable to provide consent, or in the case of deceased patient, in accordance with the Trust’s Access to Health Records policy.
13. The NHS guidance on accessing someone else’s medical records is explicit that records can only be accessed when: · you are acting with their consent · you have a legal authority to make decisions for them (Power of Attorney) · you have another legal basis for access.
14. Ms A says that in raising her complaint, the Trust would not provide her with information about the cause of her partner, Mr O’s, death.
15. In its complaint handling, the Trust says Ms A had no access to the records as she was not a nominated Lasting Power of Attorney (LPA), in relation to her partner, and they were not married or in a civil relationship (no other legal grounds).
16. From the Trust’s documentation, we have seen Mr O’s son was his next of kin. He expressed to the Trust that he did not give permission for Ms A to receive any information about his father other than a copy of his death certificate. We have seen no evidence that Ms A had LPA, another legal claim or was married or in a civil partnership with Mr O. Therefore, we have found no indications of failing in the actions of the Trust.
17. We acknowledge it has been a very difficult time for Ms A and understand that her partner’s death has been a devastating loss to her. However, in line with the guidance we have explained, the Trust must handle complaints they receive in the strictest of confidence. It is bound by, and must follow, guidance on Ms A accessing her partner's records and information. As we have seen no indications of failings, we will take no further action.
1. We have carefully considered Ms A’s complaint about West Hertfordshire Hospitals NHS Trust (the Trust). We have seen no indications that staff should have provided Ms A with information about the cause of her partner’s death, and so will not be taking any further action on this complaint.
2. We are sorry to learn of the events leading up to Ms A’s complaint and understand how the death of her partner has been traumatic, difficult, and caused her depression