Principles of Consent and information sharing

Overview

The word ‘consent’ means giving permission or agreement for something to happen. In health and social care terms patients/service users will be asked to give consent in relation to treatment and care. As part of your induction you will be advised of when and how to seek consent from a service user or patient (if required).  Although the NHS and Social Care services do not require explicit consent by law for recording and keeping information about a patient/service user’s treatment, dependent upon how that information is then shared may require the service user to give explicit consent (as opposed to it been “implied” or “assumed”). Similarly some voluntary sector organisations may also have to seek out explicit consent before sharing information with others.

In certain circumstances service users/patients do have the right to object to their information being shared.

Information sharing applies to information which is contained in hard copy (ie on paper records) as well as digital information.

Each organisation will have a nominated person whose responsibility is to provide advice and support with regard to queries relating to consent and information sharing.

Why is this important

The NHS Constitution for England sets down very clearly the rights of patients/service users about how their confidential patient information is used for purposes other than in relation to their own individual care or treatment.

Whilst health and social care staff have a duty to share information which is important for care and support planning, you must be careful not to share information relating to the service user outside of this remit.  To do so may result in a breach of the patient/service user’s rights and a breach of data protection regulations.

It is therefore, important that as part of your engagement with service users you explain what information you are collecting and how that information will be shared.

See Supporting Service Users and Patients regarding the importance of confidentiality.

Skills Review

Having completed this sub-topic I will understand the importance of these skills.

• I am able to explain why a patient/service user may be asked to provide their explicit consent to specific treatment, advice or support and the principles regarding information sharing.