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HOSPITAL/HEALTH
CARE CHAPLAINCY
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Data Protection March 2004 Data protection IT project The Department of Health had established a small project to examine issues around the consent issue for access to patient information. The project officer has been in touch with a number of hospitals and individuals (Chaplains and IT colleagues) around the country for the purpose of scoping the nature and range of the project which was expected to take about nine months
This is the text of a letter sent by The Rev’d Edward J Lewis, JP BA BEd FRSA M Inst.D, Chief Executive & Director of Training on the Feast of St. Barnabas 2002To: All Whole-Time Anglican Chaplains and Chaplains Assistants in England. Copied
to: Dear Colleagues, The Data Protection Act -Information Commissioner’s ruling Since my letter of November 2001 we have been seeking the best way to change the above. Progress has been slow, but I am delighted to share the contents of a letter that The Chairman of HCC, The Rt Rev’d Christopher Herbert, has just received from Mr John Battle MP, "Following our meeting ...... I did raise this issue with the Prime Minister’s Office and they took the matter up at the highest level with .....the Department of Health ...... I have been informed that the patient information Advisory Group established to advise the Secretary of State on issues of national signification- particularly relating to the processing of patient information, has been asked to review the issue of data protection and chaplain access to information. The publication of the group’s advice will then serve as a spring board for a clear statement of policy from the Department. Hopefully this difficult matter will be positively resolved in the not too distant future." This is indeed a positive step forward. A number of chaplains have also been proactive in lobbying their MPs etc. We earnestly hope that all of this will come together by allowing chaplains to be included ‘in’ naturally. As our work on this and other issues continues unabated, this comes with every encouragement and a prayer that God will bless and prosper the work you undertake within the NHS. Yours ever Edward
Lewis
Distribution All
Whole Time Anglican Chaplains and Chaplain’s
Assistants in England
Dear Colleague This
advice supersedes previous letters on this subject
Chaplains-Spiritual
Care Givers and the Data Protection Act (DPA)
As mentioned in my previous general letter in August, I had hoped to write to you at the beginning of October regarding this issue. However, it has taken much longer than planned to get representatives from all the parties involved together. The meeting took place last week with representatives from the Information Commissioner’s Office, Department of Health solicitors and officials, and HCC officers and the Church House solicitors.
The conclusion of this meeting, agreed by all parties is that, unfortunately chaplains are not able to take advantage of the exemption in Schedule 3 of the Data Protection Act 1998, which allows sensitive personal information about patients to be processed without explicit consent, where that processing is necessary for medical purposes. This is because chaplaincy is not deemed to be included in the definition of ‘medical purposes’. The Information Commissioner takes the view that this definition is not wide enough to include spiritual care.
Chaplains-spiritual care givers are still able to make themselves available to patients on wards, as well as visit wards and departments generally. They should however, respect the wishes of any patient who has previously indicated that they do not wish to be visited by a Chaplain. It is acceptable and desirable for procedures to be put in place that support patients changing their minds from time to time.
The Commissioner’s representative also agreed that patients who are brought into hospital unconscious, and are therefore not able to give explicit consent themselves, may be assumed to allow a relative or friend to offer that consent. The Commissioner has made it clear that her advice may be subject to testing in the Courts, and that such situations need to be monitored on a case-by-case basis. The consequences of this decision are that patients must give explicit consent before information regarding their religion can be passed on to the Chaplaincy Team. Once the patient has given explicit consent to this information being disclosed, it should be passed to the Chaplaincy-Spiritual Care Team as soon as possible. The Department of Health is likely to issue further guidance about this explicit consent in the New Year and Trusts will probably review their procedures with Chaplaincy Team Leaders.
Trusts will need to ensure that the necessary consent is obtained in an appropriate and sensitive way. Chaplaincy Team Leaders will want to help with the design of necessary questionnaires and leaflets as well as input to training sessions for those interviewing patients for their consent.
During the admissions process, patients should be made aware that the Trust employs Chaplains-Spiritual Care givers, who are highly trained professionals, bound by NHS rules of confidentiality, who will walk along side them during their stay in hospital, at whatever level of involvement best suits the patient.
Chaplaincy Team Leaders may also wish to encourage local Clergy and Faith leaders to make their congregations aware, on a regular basis that this procedure is followed within public services and especially in hospitals. Patients and their carers should be encouraged to ask for their details to be passed on to the Chaplaincy-Spiritual Care Department.
If Trusts fail to set up an adequate system for allowing patients to be asked about their spiritual care whilst in hospital and to register their consent for this information to be passed on, they could themselves be liable under The Human Rights Act 1998, should a patient claim that s/he was denied the right enshrined in Article 9 of the ECHR to manifest his or her religion, in worship, teaching, practice and observance.
The way in which this new situation develops will need to be monitored carefully to ensure that the duties to provide spiritual care are not foreclosed by the need to obtain appropriate consents. I should be grateful if colleagues would advise me of any problems that occur, as well as examples of good practice, so these can be represented to colleagues at the Department.
In the meantime, please do not hesitate to contact me if you wish to discuss the content of this letter.
With every kind wish,
Edward J. Lewis
This letter was also sent (for information) to: Chief
Executives of NHS Trusts in England and Wales Link to: Information Commissioner who is responsible for the Data Protection & Freedom of Information Acts.
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This page was updated on 1 April 2004 |