I have a question maybe its a silly one :). A patient on Sec 2 was put on Section 3. Nearest relative(mom) did not object as it was felt treatment would be beneficial. Now patient has informed staff they do not want any information shared with their NR. This is frustrating for the NR as they cant get even the basic information about the daughter. Patient’s capacity is in question. Is there a way round this?? maybe use MCA. Or should they just respect the Pts right and not share any information
Nearest Relative has the right to have information about the patient shared with them regarding appeal to MHRT for example. Patient confidentiality day to day won’t change though so the NR won’t be told developments unless an appeal is lodged.
Hear what you are saying but patient has the right to privacy, Trust & Confidentity.
With respect to Mental Capacity I would ask the patient if they want access to Independent Mental Health Advocate as outlined in the MCA 2005 s35
With respect to Is there a way round this?? Please consider the patient’s Shared decision making with the service, Preferences and Wishes.
Where the patient’s capacity is in doubt, there first step must be to formally assess their capacity and route your decision making accordingly. If they do have capacity, then they have an absolute right to not have information shared about them. This doesn’t mean the NR won’t have had their rights as NR explained to them, but it does meant they’re not entitled to anything further. If they don’t have capacity then you’re in the realms of a best interests meeting to agree information sharing
‘Capacity is in question’ - need to be clear on capacity - for the relevant decision. Not forgetting that a finding of lack of capacity is not an ‘off-switch’ for the person’s rights. A best interests decision would still be needed if it is established the person lacks capacity for the decision, and that does not automatically determine the information is shared.