Issues of confidentiality and information sharing between mental health staff and carers of people using mental health service can be complex and difficult to resolve. Family members, loved ones and friends often say that they feel excluded and ignored by staff, and sometimes this can have serious consequences for them or the people they support.
There are some key areas where confidentiality can be an issue:
- If the person using services does not consent to information being shared with the carer.
- Mental health staff not being confident in dealing with the complexities of confidentiality, leading to them giving no information at all.
- Professional codes and legal frameworks.
- Carers becoming stressed and frustrated, especially in a crisis, which may give staff a distorted view of how things usually are.
Whilst information given to staff by a person using services cannot be disclosed without their consent, this does not prevent staff from engaging with carers, receiving information from them, listening to their views or from giving a carer information, advice and support.
In general, staff should:
- Identify any carers.
- Determine if the person using services has capacity to decide not to share information.
- Agree what information can be shared and with who (eg by using Advance Statements).
- Record consent details and review these regularly.
- Explain to carers and people using services what information can be shared and what information cannot.
- Explain to carers that whilst confidentiality may restrict what professionals can share, a carer can share any information with professionals they think may help.
- Consider the potential harm of not sharing information with a carer (eg hospital discharge arrangements, medication) but only do so within the bounds of confidentiality.
- Offer one to one time to carers.
- Advise the carer if they are named on the person’s care plan.
- Be fully aware that some information may be shared without consent, such as information needed to safeguard children or vulnerable adults.
Providing general information about mental health issues or offering emotional and practical support to a carer does not breach confidentiality. This could include:
- Confidentiality restrictions requested by the person using services
- The role of each professional involved in the person’s care
- Contact details of local or national carer support organisations
- Contact details of health or social care professionals
- Any discharge arrangements which directly impact on the carer
- How to access help and support, including out of hours service contacts in the event of a crisis
- Information about the workings of the Mental Health Act/Mental Capacity Act
- Background information on medication
Anyone with concerns about carers and confidentiality should contact their local service provider, as there may be specific policies in place.
You can learn more about ‘confidentiality’ within the information we have on our ‘Rights’ pages; you can access this using the button below.
Go to our information about “Rights”.Online Resources
Exploring the Mental Capacity Act
Our free online course looks at the various aspects of Mental Capacity Act including the principles that underpin it, assessment of capacity, the safeguards involved, lasting power of attorney and advanced statements/decisions.
To access this course and more, head to our e-learning site where you will need to create a free account.
e-learning siteExploring the Mental Health Act
Our free online course explores what the Mental Health Act (1983) is and how it is used in relation to a persons journey from assessment and treatment through to discharge and aftercare. It also follows the story of Iris, a young woman who has experienced a mental health crisis that led to admission to hospital under the Act.
To access this course and more, head to our e-learning site where you will need to create a free account.
e-learning siteContent updated 16/08/2023