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Independent Care Act Advocates’ rights to access health and social care records

In this section

  1. 1
    Introduction
  2. 2
    Purpose
  3. 3
    Scope
  4. 4
    Legislation
  5. 5
    Associated policies
  6. 6
    Definitions
  7. 7
    Care Act duty to involve people in decisions that affect them
  8. 8
    What substantial difficulty means
  9. 9
    Care Act Advocacy for Adult Social Care processes including complaints
  10. 10
    Care Act Advocacy for safeguarding processes
  11. 11
    Who is appropriate to act as an informal representative
  12. 12
    When an Independent Care Act Advocate will be arranged even though there is an appropriate informal representative
  13. 13
    Changes to representation
  1. 14
    Out of County Care Act advocacy arrangements
  2. 15
    The Independent Care Act Advocate’s role
  3. 16
    Independent Care Act Advocates’ rights to access health and social care records
  4. 17
    The Council and Independent Care Act Advocates – working together
  5. 18
    Care home closures/provider failure
  6. 19
    Decisions that require an Independent Mental Capacity Advocate (IMCA)
  7. 20
    Independent Mental Health Advocates (IMHA)
  8. 21
    Commissioning requirements for Independent advocacy
  9. 22
    Dissatisfaction/Complaints
  10. 23
    Implementation
  11. 24
    Monitoring and review
  12. 25
    Appendix– Definitions
  13. 26
    Policy details

16.1    The council has a duty to provide information to Independent Care Act Advocates so that the advocate can effectively represent the interests of the person they are representing. 

16.2    Independent Care Act Advocates may examine and take copies of relevant health and social care records for the person they are representing provided that:

  • the person provides their consent for the advocate to do so, or

  • if the person lacks capacity to provide consent, the advocate is satisfied that accessing the records is in the person’s best interests. 

 

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