Information that can be shared with carers and relatives

We are not always able to share full information with you regarding the person you care for. This is because of rules we must follow in the Mental Health Act and our duty of confidentiality to our patients.

By law, the person being treated needs to give their consent before any information can be shared with their carer (except under extreme circumstances). All health and social care professionals have a duty of confidentiality to their patients.

Carers may feel they are not getting the information they want about the treatment of the person they are caring for. Family members may also want and expect this information, and it can feel frustrating not to receive it.

But we will listen to your needs and concerns. For instance, if the patient has not consented to information being shared with you, you can still ask how you can help or what can you do.

Rights of relatives under the Mental Health Act

If you are considered the 'nearest relative' of the person you care for you have certain rights under the Mental Health Act. There is a clear legal definition of ‘nearest relative’ and not all carers are covered by it.

If a social worker applies for your relative to be admitted to hospital for treatment you have the right to:

• be consulted before the person is admitted
• object to the person being detained.

Once your relative is detained under the Act, as the ‘nearest relative’ you have the right to:

• be informed of a review of your relative’s detention
• obtain your relative’s discharge from hospital, provided there are no specific restrictions or court order
• be told when your relative is about to be discharged and to be involved in planning aftercare
• to be consulted if a doctor applies for formal supervision of your relative when they are discharged.

More information

Please contact the Trust’s Mental Health Act office at Springfield Hospital on 020 8682 6409.

The mental health charity Mind provides useful guides to the Mental Health Act.

The Princess Royal Trust for Carers and the Royal College of Psychiatrists provide a useful Confidentiality for Carers leaflet and  10 Things Every Carer Should Know

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