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Chapter 18 - Information-Sharing, Including With Victims of Crime Committed by Persons With Mental Disorders

from Section 5 - Violence and Society

Published online by Cambridge University Press:  09 May 2023

Masum Khwaja
Affiliation:
Imperial College of Science, Technology and Medicine, London
Peter Tyrer
Affiliation:
Imperial College of Science, Technology and Medicine, London
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Summary

This chapter discusses information-sharing, including with victims of crime committed by persons with mental disorders. In general, a patient’s treatment is confidential and, unless the patient consents to information being shared, this limits the information that can be disclosed. However, information about a patient can be disclosed to a third party such as a victim if other statutes, such as the Domestic Violence and Mental Health Acts, permit this. Information can also be disclosed if another person is at risk of harm if the information is not disclosed. Furthermore, the victims of specific violent and sexual offences have certain rights to information about the offender. This includes offenders subject to the MHA and detained in hospital or subject to compulsion in the community. Patients can be victims as well as perpetrators of crime, and professionals working in health, social care and the justice system require a robust understanding of when to share confidential information. The first half of the chapter provides information on relevant legislation and guidance to be considered when sharing information about patients in general. The second half is focused on legislation and guidance on information sharing by organisations supporting victims of crimes committed by mentally disordered offenders.

Type
Chapter
Information
The Prevention and Management of Violence
Guidance for Mental Healthcare Professionals
, pp. 286 - 299
Publisher: Cambridge University Press
Print publication year: 2023

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References

NHS. Consent and Confidential patient information, 16 Mar. 2022. [Online]. https://transform.england.nhs.uk/information-governance/guidance/consent-and-confidential-patient-information/ [Accessed 16.04.2022].Google Scholar
UK Government. The Data Protection Act 2018. [Online] www.gov.uk/data-protection [Accessed 16.04.2022].Google Scholar
UK Government. Guide to the General Data Protection Regulation. 5 May 2018. [Online] https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/. [Accessed 16 April 2022].Google Scholar
Department of Health Northern Ireland. The Human Rights Act 1998. [Online]. www.health-ni.gov.uk/articles/human-rights-act-1998 [Accessed 16.04.2022].Google Scholar
UK Government. Crime and Disorder Act 1998 [Online] www.legislation.gov.uk/ukpga/1998/37/section/115/2018-11-02 [Accessed 16.04.2022].Google Scholar
Social Care Institute for Excellence. Safeguarding Adults: sharing information. Last updated January 2019. [Online] www.scie.org.uk/safeguarding/adults/practice/sharing-information [Accessed 16.04.2022].Google Scholar
UK Government. Code of Practice: Mental Health Act 1983. Last updated 31 October 2017. [Online] www.gov.uk/government/publications/code-of-practice-mental-health-act-1983 [Accessed 16.04.2022].Google Scholar
General Medical Council. Confidentiality: good practice in handling patient information. [Online] www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/confidentiality [Accessed 16.04.2022].Google Scholar
General Medical Council. Disclosures for the protection of patients and others. [Online] www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/confidentiality/disclosures-for-the-protection-of-patients-and-others [Accessed 16.04.2022].Google Scholar
Royal College of Psychiatrists. Third Edition of the College Report CR209. Good Psychiatric Practice: Confidentiality and information sharing. [Online] www.rcpsych.ac.uk/docs/default-source/improving-care/better-mh-policy/college-reports/college-report-cr209.pdf?sfvrsn=23858153_2 [Accessed 16.04.2022].Google Scholar
UK Government. Domestic Violence, Crime and Victims Act 2004. [Online] www.legislation.gov.uk/ukpga/2004/28/part/3/chapter/2/2020-12-01 [Accessed 16.04.2022].Google Scholar
Department of Health; Ministry of Justice; National Offender Management Service. Mental Health Act 2007: Guidance on the Extension of Victims’ Rights under the Domestic Violence, Crime and Victims Act 2004. Published 2008. [Online] https://webarchive.nationalarchives.gov.uk/20130104164723/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_089408 [Accessed 16.04.2022].Google Scholar
UK Government. Schedule 6 Mental Health Act 2007. [Online] www.legislation.gov.uk/ukpga/2007/12/schedule/6 [Accessed 16.04.2022].Google Scholar
Ministry of Justice. Code of Practice for Victims of Crime in England and Wales. November 2020. [Online]. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf [Accessed 16.04.2022].Google Scholar

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