Legislation

Ms Jean Daintith, RBKC  Executive Director for Housing, Health and Adult Social Care  told F  on 18th May 2011, that ‘All our procedures and policies are in line with the Department of Health guidelines and there is no evidence to suggest that our service users are put at any risk as a result of them.’

There is NO  credible evidence that RBKC complied with any of them

Although required to comply with them, they ignore the Department of Health’s ‘Prioritising need in the context of Putting People First: A whole system  approach to eligibility for social care – Guidance  on Eligibility  Criteria for Adult Social Care – 2010‘ .

In accordance with the above Guidelines, F should have been given the opportunity  to  challenge  the decision.  RBKC denied this,  by stating that because he was given a flimsy flyer , there was no requirement for this offer to have been made to F.

However, the complaint process he was allegedly made aware of, changed in 2009, by the introduction of  the ‘Local Authority Social Services and National Health Service Complaints(England)Regulations 2009‘, which streamlined the complaints process.   This should have been complied with, irrespective whether F was aware of anything or nothing.

In respect of the eventual needless unauthorised disclosure of F HIV+ status and relevant clinical information,  without any legal requirement to do so, RBKC  failed to comply with:

Common Law Duty of Confidentiality

Department of Health ‘Data Protection Act 1998 – Guidance to Social Services

Department of Health ‘Confidentiality  – NHS Code of Practice

ICO’s ‘Data Protection Act 1998, and paragraph 10 of the same Act dealing with ‘Notices’

ICOs’ ‘Data Sharing Code of Practice

Article 8 of the Human Rights Act

NHS Statutory Restrictions on Data Handling, which underpin  paragraph 46 of the ‘NHS Code of Practice’.

 

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