Mr and Mrs A complained that Betsi Cadwaldr University Health Board provided them with their relative’s clinical records and accepted their complaint about her care and treatment, but that it would not share the outcome of its investigation. Mr and Mrs A said their relative did not have capacity. The Health Board said that it did not have correct authorisation to disclose the information to Mr and Mrs A.
The Ombudsman decided that it was unclear how the Health Board had decided what information it could disclose to Mr and Mrs A about their relative. Although the records had been provided, the Health Board said that it required evidence of a Lasting Power of Attorney (“LPA”) for Health and Welfare as authorisation to disclose the outcome of the investigation. The Ombudsman decided that this was unreasonable as it is not possible to produce an LPA if it was not made in advance of a person lacking capacity. The Ombudsman decided it was unclear how Mr and Mrs A’s relative’s rights could be exercised if the outcome of the investigation was not shared. She decided to settle the complaint without an investigation.
The Ombudsman sought and gained the Health Board’s agreement to review its decisions relating to the provision of information to Mr and Mrs A in line with the Mental Capacity Act and provide a formal response to them with clear explanations. To review its procedure for deciding on the disclosure of information for people representing a person who lacks capacity in line with the Mental Capacity Act. To consider producing guidance for complainants/individuals requesting information on behalf of a person who lacks capacity, which is clear and in line with the Mental Capacity Act. The Health Board agreed to undertake the action within 20 working days.