HSC left family in dark over safeguarding review – ODPA
Health & SOCIAL CARE failed to keep a family informed about a safeguarding review into alleged physical and emotional abuse against their vulnerable relative, the Data Protection Authority has said.
HSC was found to have breached two sections of the data protection law by unreasonably withholding information and resisting attempts by the family to obtain the full report.
Concerns were raised about the treatment of a vulnerable adult living in HSC-supported accommodation and a safeguarding review was carried out. The adult’s family were made aware of the concerns, but were not provided with the final safeguarding report.
The adult’s guardian requested the HSC investigation report into alleged physical and emotional abuse, but was only given a heavily redacted version.
‘This made it very difficult for the family to understand what had happened and what would be done to protect their family member,’ the ODPA said.
The guardian made a formal complaint to the ODPA about HSC. The authority determined that the redactions were not appropriate and that the appendices should have been disclosed.
HSC was issued with an enforcement order, which compelled it to release the full report, five months after a initial request, with minimal redactions.
The ODPA said the information should be supplied within a month.
‘The organisation providing the information must also provide all the information requested, unless there is a valid reason to withhold it.
‘In this case HSC withheld an unreasonable amount of information from the family, who were seeking to understand what had happened to their family member whilst in HSC’s care.’
HSC issued a basic apology before the ODPA got involved, and has now released the report as required by the enforcement order.
But the ODPA said that HSC had not recognised the prolonged distress caused by its approach.
‘At the heart of this case is a vulnerable adult and the data relating to them in the context of a report into physical and emotional abuse,’ the ODPA stated.
‘Any organisation that is responsible for the care of others should demonstrate compassion, transparency, accountability and the highest standards of information governance. These requirements are of particular importance where there are legitimate questions over someone’s treatment.’
The ODPA added that HSC should give people the information they ask for quickly, and not seek to protect an organisation’s interests by withholding information.
‘This was a very stressful experience for the family who wanted to make sure that their loved one was safe.
‘This case is a reminder to all organisations that the authority can legally compel information to be disclosed in certain circumstances, and that this sanction will be deployed where appropriate.’
This is the fourth public statement issued by the ODPA in relation to HSC, but the first for this service area.
HSC said it had nothing to add to the ODPA report.
