Online Records

● Coerced access● Victims of domestic violence?● Young people using e.g. sexual health or

substance misuse services without parental knowledge?

● Managing transition to adulthood

'The power of information'

“Our NHS number will be used to connect our records across the whole system as we move between services. This, as well as professionals being able to access relevant records online... will enable more joined-up care”

Draft Care and Support Bill

● Duty to cooperate: Local Authority, NHS body, Police, Prisons, Probation

● 'Such person or a person of such description as regulations may specify'

● Clause 6: LA 'must exercise its functions...with a view to ensuring the integration of care and support provision with health provision and health-related provision'

Children and Families Bill

● Clause 25: LA “must exercise its functions...with a view to ensuring the integration of special educational provision with healthcare provision and social care provision”

● New EHC Plan – Education, Health and Care

“work will be done to develop secure linking of electronic health and care records wherever they are held...clear plans will be in place for those records to be able to follow individuals, with their consent, to any part of the NHS or care system”

Valid Consent

● Informed● Freely given● Person consenting must have capacity

'Freely Given'

● Denial of access to services● Refusal of consent considered grounds for

suspicion● Coercion by family or others

Capacity

● Law recognises that young people have 'evolving capacity'

● 'Gillick competence'● Not age-dependent● 'Presumption' of competence from age 12 –

without any lawful basis whatsoever